terms

These terms and conditions contain legal obligations. Please read these terms and conditions carefully before using the thinktv site.

WELCOME

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.

PRIVACY

For information on how user information is collected, used and disclosed by thinktv in connection with your use of a thinktv Site and any of the Services, please consult our Privacy Policy, as amended from time to time. You hereby consent to the use of your Personal Information by thinktv in accordance with the terms and for the limited purposes set out in our Privacy Policy.

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 .

LIMITED LICENCE

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.

TRADEMARKS

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.

USER CONDUCT

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

The thinktv Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by thinktv of the contents of such third-party web sites. thinktv is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party web site, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, and (iii) any representation or warranty that the operation of the third-party web site will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components.  You also understand and agree that the thinktv Privacy Policy is applicable only while you are using the thinktvSite. Once you are linked to another web site, you should read the Privacy Policy of that web site before disclosing any Personal Information (as defined in the Privacy Policy).

MODIFICATIONS

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 thinktvSite, 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.

TERMINATION

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.

GENERAL PROVISIONS

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.

 

PRIVACY

GENERAL

thinktv is dedicated to maintaining high standards of confidentiality regarding the information provided to us. thinktv adheres to certain privacy principles to ensure the confidentiality of the Personal Information (as defined below) entrusted to us. This Privacy Policy (“Privacy Policy” or “Policy”) affirms our commitment to maintain your privacy and the privacy of others and to inform you of our practices concerning the collection, use and disclosure of Personal Information collected by thinktv.

“Personal Information” means any information provided to thinktv, recorded in any form, about an identifiable individual, or an individual whose identity may be inferred or determined from the information. This Policy does not cover any information, recorded in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred from the information and thinktv retains the right to use such Information in any way that it reasonably determines.

The Policy and the Terms and Conditions relate specifically to this Site and do not apply to websites operated by member companies of thinktv, or other third parties. By using the Site, you agree to be bound by the terms of this Privacy Policy and by the Terms and Conditions. We may change the Policy and the Terms and Conditions at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Please refer to the Privacy Policy and the Terms and Conditions from time to time to keep informed of such revisions, and, if you do not agree to this or any revised Terms and Conditions or Privacy Policy, you must stop using the Site immediately.

COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

As you use the Site and the Services, thinktv will need to collect, use and sometimes, disclose various types of Personal Information for various purposes, including those associated with thinktv Clearance services. When thinktv requests Personal Information from you, we will always explain the reason we need the information. Under no circumstances shall thinktv sell, trade, barter or exchange for consideration any Personal Information it has obtained. Please be assured that thinktv will only collect Personal Information that is necessary for the following purposes:

• Establishing your identity: which may include name, email, address, employment/business information, and/or other legally mandated forms of identification;
• thinktv Clearance Billing: which may include the collection of names, addresses, banking and/or financial details;
• Updates: to keep you informed about updates to the Site or about products and services in which you have expressed interest;
• Services/Products: which may include any Personal Information necessary to provide additional services or products requested by you or your organization. We may also analyze the Personal Information provided to us to offer you other services or products. You may, at any time, advise us that you do not wish to receive such information from thinktv.
• Legal/Security: to meet legal requirements; and/or provide Internet security.

LIMITATIONS ON COLLECTION, USE, DISCLOSURE & RETENTION OF INFORMATION

thinktv may collect your Personal Information in many forms, but will only do so by lawful means and only for purposes that we have disclosed to you.

thinktv‘s web servers and authorized third party providers track general information about visitors such as their domain name, IP address, and time of visit. Our web servers also collect and aggregate information regarding accessed pages as well as information volunteered by visitors through online surveys or subscriptions to electronic newsletters. This information is used internally, only in aggregate form, to manage the Site; compile statistical data, diagnose and address any technical issues; improve the Content and user experience of the Site; and contact you as required to serve your particular interests better.

thinktv works in close collaboration with other organizations that may perform functions on our behalf, including fulfilling orders, providing third party content, providing promotional materials to our users, sending e-mail, managing, compiling and processing data, processing credit card payments or providing customer service. We do not disclose your Personal Information to these parties except to the extent necessary to enable them to provide the specific services to you. Such parties are also required to use Personal Information only for the purpose for which thinktv disclosed it, to keep it confidential, and to protect it by appropriate security safeguards.

Other than for the specific purposes outlined in this Policy, we will not disclose your personal information to any third parties unless we obtain your prior consent or are legally compelled to do so. Also, we will not contact you without your permission except as specified above or in connection with the registration process. On the Site, you may be given the opportunity to indicate whether you would like to receive e-mails, promotional and/or marketing information about other products, services, and offerings from thinktv or other information from thinktv . You may unsubscribe at any time.

When you use the Internet, you will encounter “cookies”. Cookies are small files or pieces of information that may be stored on a computer’s hard drive when an individual visits a website that identify an individual computer’s browser entering the site. thinktv uses cookies. Cookies do not pose a security threat to you and do not store Personal Information. Most Internet browsers are initially set to accept cookies and can be reset as required.

Personal Information collected in any form will only be retained by thinktv so long as it is required: a) for the purpose for which it was collected; b) to be retained by law; c) to address any issues that may arise at a later date. When thinktv no longer requires your Personal Information for these identified purposes, thinktv uses secure procedures to destroy, delete, erase or convert the Personal Information into an anonymous form.

LINKING TO OUR MEMBER COMPANIES AND THIRD-PARTY CONTENT / WEBSITES

thinktv provides content from third parties, including audio-visual content on our Site. We are not responsible for any such third-party content or audio-visual that you may access through the Site. The Site also contains links from and to sites operated by our member companies and other independent third parties. Once you leave the Site, you may or may not see a new URL in the location bar. The linked sites are not under our influence or control, and we are not responsible for the privacy policies and practices or the content of the linked sites or contents of any subsequent links from that site.

CONSENT

Your provision of Personal Information to thinktv means that you agree and consent that we may collect, use and disclose your Personal Information under this Privacy Policy. If you do not agree to these terms, you are requested not to provide any Personal Information to thinktv . Certain services are only available if you provide Personal Information to thinktv. If you choose not to provide us with required Personal Information, thinktv may not be able to offer you those services.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where thinktv must disclose information without consent, however, thinktv will not disclose more information than is required. Such events may include:

• Where required by law or by order or requirement of a court or similar body;
• Where thinktv believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
• Where it is necessary to establish or collect monies owing to thinktv ;
• Where it is necessary to permit thinktv to pursue available remedies or limit any damages that thinktvmay sustain; or
• Where the information is public.

You have the right to revoke your consent to the collection, use and disclosure of your Personal Information at any time. However, revocation of your consent may result in our inability to provide services to you.

SECURITY

Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of Personal Information that we collect and maintain, including contracts with third parties that may manage the information provided by you. thinktvstores all Personal Information on secured servers, behind a firewall with access strictly controlled. Only individuals specifically involved in the analysis and other functions set out in this Policy have access to your Personal Information. These individuals have been provided the requisite training on our privacy policies and practices.

TERMINATION

thinktv shall have the right to terminate your access to this Site immediately in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or if you breach any provision of this Privacy Policy and/or the Terms and Conditions.

If you have any questions or concerns about thinktv’s Privacy Policy, please email us at privacy@thinktv.ca