THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE THINKTV SITE.
Welcome to the Thinktv Inc. (“thinktv”) site (a “Thinktv Site” or the “Site”). By using the Site, or any of the products or services available on the Site (collectively the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules, and policies which are displayed or to which you may be directed in connection with the thinktv Site or Service, all as may be modified by thinktv from time to time in its sole discretion (collectively, the “Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not use the thinktv Site or any of the Services on the Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of a thinktv Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
REGISTRATION, ACCOUNTS, AND PASSWORDS
Certain of the Services and related features made available on a thinktv Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to update promptly such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a thinktv Site, and (b) all activities that occur under such password or account. Further, you agree to notify thinktv of any unauthorized use of your password or account. thinktv shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
RESTRICTIONS ON USE OF CONTENT
All material, information and content, including without limitation, logos, names, tradenames, reports, data, presentations, applications, graphics, text, images, code and software, available on a thinktv Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are protected by Canadian and worldwide copyright and trademark laws, and are owned by thinktv and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the thinktv Site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of thinktv .
Subject to the Terms and Conditions, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Site for your personal, non-commercial use, educational or professional development and are granted the right to download, store and print copies of items comprising the Content for such use, provided that you maintain all copyright and other notices contained in the Content.
All other product, brand and company names, and logos used or mentioned on a thinktv Site or any of the Services are the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a thinktv Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability, and your use, of a thinktv Site or any of the Services, you agree (a) that you are the greater of the age of majority in the province or territory in which you reside or 18 years of age; and (b) to comply with all applicable laws and regulations and these Terms and Conditions when using such thinktv Site or Service. You acknowledge that thinktv may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THINKTV SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THINKTV MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WHILE THINKTV ENDEAVORS TO PROVIDE CONTENT THAT IS CORRECT, ACCURATE AND TIMELY, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE SITE AND/OR THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION AND WARRANTY THAT (A) the site or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (B) that the operation of the site will be uninterrupted or error-free, (C) that defects or errors in the Site or the Content will be corrected, (D) that the Site will be free from viruses, malware, worms or other harmful components, and (E) that communications to or from the Site will be secure and/or not intercepted. You acknowledge and agree that you are using the Site and the Content and Services, if applicable, at your own risk and liability.
CONTENT LINKED TO A THIRD PARTY SITE
thinktv reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a thinktv Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of a thinktv Site and any of the Services immediately. Your continued use of a thinktv Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, thinktv reserves the right to change, modify, suspend or discontinue any aspect of a thinktv Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
RELEASE AND INDENMITY
You hereby agree to release each of thinktv , its member companies, licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, (the “Released Parties”) from, and in no event shall any or all of the Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Site (including any breach by you thereof), the Content or otherwise relating to this agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Site. You will indemnify and hold each of the Released Parties from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site, the Content or otherwise relating to this agreement (including any breach by you). You will also indemnify and hold the Released Parties harmless from and against any claims brought by third parties arising out of your use of Content or Services from the Site. You agree to use your best efforts to cooperate with us in the defense of any claim. thinktv reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THINKTV, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THINKTV HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A THINKTV SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A THINKTV SITE OR ANY OF THE SERVICES.
You expressly acknowledge that thinktv has entered into this agreement, and has and will make the thinktv Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and thinktv. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
All thinktv Sites and Services are controlled, operated and administered by thinktv from its offices in Toronto, Ontario, Canada. thinktv makes no representation or warranty that a thinktv Site or any of the Services is appropriate or available for use at any locations outside Canada. If you access a thinktv Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a thinktv Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
You acknowledge and agree that thinktv, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a thinktv Site or any of the Services, and remove and discard any information or content related to a thinktv Site or any of the Services (and your use thereof), for any reason, including where thinktv believes that you have violated any of these Terms and Conditions. You further agree that thinktv shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a thinktv Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of thinktv in operating a thinktv Site or any of the Services, your sole and exclusive remedy is to discontinue using a thinktv Site or any of the Services.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between thinktv and you pertaining to your use of a thinktv Site, Services, and Content and supersede any prior agreements between you and thinktv with respect to the subject matter. thinktv failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (in whole or in part) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.