RIVERTV SERVICE AGREEMENT – Terms & Conditions
Welcome to RiverTV, a video streaming service provided by RiverTV Inc. (“River”). River is a wholly owned subsidiary of VMedia Inc., one of Canada’s leading streaming content innovators, and a provider of internet and broadcasting services across Canada.
RiverTV offers streaming of live channels and on-demand content ("Content" or “Subscription Content”) available to you from time to time, either in packages or on a stand-alone basis, through www.rivertv.ca, www.vmedia.ca/rivertv, an Authorized Distributor (as defined below), or any RiverTV software application that you have downloaded ("Software") to view the Content (each, a "Site").
Please read these Terms of Service (as defined below), as amended from time to time, carefully before creating an Account (defined below) with, or using the Services (defined below) from, River.
By using, registering for, purchasing from, or submitting content to the Services, or otherwise indicating your acceptance of these Terms of Service, you affirm that you are 18 years of age or over, and agree to these Terms of Service. If you are under the age of 18, you are not permitted to register with River, or provide your personal information to River. These Terms of Service include warranty disclaimers and limitations of liability that should be carefully reviewed and considered prior to any use of the services.
If you do not agree to comply with these terms, then you may not use the Services. If you object to anything in these Terms of Service, including the Privacy Policy (as defined below), or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services.
In these Terms, "residents of Québec" refers to residents of the province of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of the Services.
1. General
These terms of service set out herein (“Terms of Service” or “Terms”) are between River (also “we”, “us”, “our”) and you. These Terms of Service apply to www.rivertv.ca, www.vmedia.ca/rivertv, and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, the “Website”) and our video streaming service, RiverTV, that provide the Content, delivered over the Internet and the applications on consumer devices on which the Service is delivered. This includes, but is not limited to, desktop computers, mobile phones, tablets, media players and connected television devices (“Authorized Devices”), which link to or references these Terms of Service (collectively, with the Website, the ”Services”).
These Terms set forth the legally binding terms for your use of the Services and will remain in full force and effect while you use the Services. You are authorized to use the Services only if you agree to abide by all applicable laws, rules and regulations, and these Terms.
For greater certainty, these Terms of Service do not extend to any Services subscribed for by or delivered to you in connection with your subscription for the Services directly with an Authorized Distributor through a transaction between you and that Authorized Distributor related to your subscription for the Services through an Authorized Device which enables you to subscribe directly from the Authorized Distributor. These Authorized Distributors may include by way of illustration but without limitation iTunes, Amazon Fire, ROKU, or GooglePlay.
2. Modifications
River reserves the right to change, modify, or amend these Terms at any time, or to impose new conditions on the Services (collectively, the “Changes”). You agree to review these Terms regularly for Changes by checking the Terms of Service on the Websites from time to time. All Changes will be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Websites, by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Websites or your notification thereof by email or other means of electronic communication, as the case may be. Any use of the Services by you after such notice shall be deemed to be your acceptance of the Changes. If any modification to these Terms is unacceptable to you, you may immediately terminate your use of the Services.
3. Privacy Policy
River respects our customers' privacy. Our collection, use, and disclosure of personal information in connection with the Services are governed by the River privacy policy (“Privacy Policy”).
By using the Services you agree to the use of your personal information and information about how you use the Services, for the provision and operation of the Services. We may also use your personal information and usage data to personalize the Services to better suit your needs. Further information about how your personal information may be used and how to contact us can be found in the Privacy Policy, located at www.rivertv.ca/terms. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information. By using any of the Services, you are agreeing to the terms of the Privacy Policy and the collection, use and sharing of information, including without limitation your personal information, described therein.
4. Your Use of the Services
RiverTV is only available to users within Canada who have (i) registered for RiverTV ("Registered User"), (ii) are entitled to access RiverTV through free trials or promotions offered by River, or have agreed to pay to use RiverTV on a subscription basis in order to access certain Content ("Subscription Content"), or have been given access to Subscription Content by subscribing to RiverTV through platforms managed by third parties authorized by us (an "Authorized Distributor"), although limited portions of the Service may be available to users that do not satisfy both (i) and (ii).
Your Authorized Distributor may deal with you directly for certain aspects relating to RiverTV, including payment, cancellation and other arrangements. You acknowledge and agree that River is not responsible for those dealings that are solely between you and your Authorized Distributor.
Except as stated in these Terms, all Content and Software provided through the Services are licensed non-exclusively and revocably to you for your private, non-transferable, non-commercial, limited use in Canada only, as set forth in these Terms. All rights in the Services, including all software, data, and content, including the Content, in or used in connection with the Services, (collectively defined as ”River Property”), belong to River and its licensors, and all intellectual property rights and goodwill associated therewith shall remain with and accrue to River or its licensors. This license and all use or access to River Property is expressly conditioned on your compliance with these Terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. While you may access, view, use and display the Services for your private use, you may not modify, adapt, arrange, translate, reverse engineer, decompile, disassemble, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any portion of the River Property, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, leasing, loaning, sublicensing, retransmission, publication or commercial exploitation of any portion of the River Property will be permitted without the express written permission of River and any relevant third party copyrights owners. For the avoidance of doubt, you shall not exhibit any Content in any public viewing area or location for which an admission fee is charged expressly for the viewing of such Content. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with the Services, or any of the River Property or services offered through the Services. The Services and content or services provided through the Services may contain security or technical features that will prevent use of content or services in violation of these Terms, and you will not circumvent these features without a legal right to do so.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. The foregoing provisions of Section 4 are for the benefit of River and its third party providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to River, or any third party, is strictly prohibited and may be prosecuted to the fullest extent of the law.
Except as these Terms expressly grant, we and our licensors reserve all rights, interests, and remedies in connection with the Services and the River Property. Upon termination of these Terms, your Account, or license to any River Property, you will immediately cease use of the River Property.
Use of the terms ”own,” ”ownership”, ”purchase,” ”sale,” ”sold,” ”sell,” ”rent” or ”buy” on or in connection with the Services does not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights from us or our licensors to any user or third party.
5. Registration
The Services require you to register by creating an account in order to enable certain features or receive certain information (“Account”). River will use the information you provide in accordance with River’s Privacy Policy. If you choose to register with the Services, your Account is private to you. The registration process requires you to create and use login credentials such as an email address, mobile phone number, or Customer ID, and you acknowledge and agree that River may rely on the subsequent use of your login credentials to provide access to your Account and the information you have provided. You have the right to share your Account information and login credentials only with members of your household living at the same address, who are at least 13 years of age (“Household Members”). You should safeguard your login credentials. Do not share your login credentials other than with Household Members, and take steps to prevent access to your Account by other persons. If you have any reason to believe that your Account information has been compromised, or that your Account has been accessed by a third party, you agree to immediately notify River by e-mail at [email protected]. You are solely responsible for all use of your Account and login credentials, including use by Household Members, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with these Terms. You are solely responsible for your own losses, and losses incurred by River and others (including other users) due to any unauthorized use of your Account or login credentials. We reserve the right to deny the creation of any Account at our sole discretion.
If you chose to use your mobile phone number in connection with the Services, you agree that we may contact you via phone or text message for administrative purposes. Even for Services for which River does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will RiverTV, its third party service providers, or agents, be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
6. Children and Parental Controls
You must be of the age of majority in the province in which you reside in order to be a Registered User. If you have authorized a minor to use the Services, then you agree to be fully responsible for: (i) controlling the minor's access to, and use of the Services; and (ii) the consequences of any misuse by the minor should areas of the Services or Content include material that is inappropriate for minors.
The Services are not intended to be used by children without involvement and approval of a parent or guardian. As the parent or legal guardian, you are responsible for monitoring your child’s access to, or use of, Services, as well as any communications made or received by your child on or through Services. You are also responsible for the use of your Account by your children or others. You acknowledge that some of the Content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any Content ratings and descriptions, where available, before you access any items or permit your child to do so. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and RiverTV cannot guarantee the accuracy or completeness of that information. Some Content may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of Content.
7. Eligibility; Authorization
Use of any part of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is current, complete, truthful and accurate; (b) you will maintain and promptly update such information as necessary, so that it remains current, complete, truthful and accurate; (c) you are 18 years of age or older; (d) you have the authority to enter into these Terms; and (e) your use of the Services does not and will not violate any applicable law, regulation or agreement. We reserve the right to cancel any Account that uses, or that was created using, untruthful or inaccurate information or that was created for a primary purpose that violates these Terms. Termination of your Account may result in the termination of data or purchases associated with the Account.
8. Restrictions on Use
You specifically agree not to do any of the following: (a) conduct any activities that violate any local, provincial, or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, violation of rights of publicity, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts.; (b) intercept or attempt to intercept electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Services by others; (e) upload, post, stream, or otherwise transmit content that contains a virus, corrupted data, a worm, spyware, a time bomb, or other computer program that may damage, interfere with, or disrupt the Services; (f) collect information about others (including online IDs, and e-mail addresses) without their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (h) post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law; (i) post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services; (j) use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services; (k) engage in any other conduct that in River’s discretion restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by River, may harm River or users of the Services or expose them to liability; (l) engage in deceptive or misleading practices; (m) attempt to hack or reverse engineer any code used in connection with the Services; or (n) sell, buy, trade, or transfer or share your login credentials, Account, or any personal access to the Services through any means or method, including by use of websites to or with any other person that is not a Household Member or otherwise expressly authorized under these Terms and Conditions.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Services, (ii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without the prior written consent of River, (iii) use any device, software or routine that interferes with the proper working of the Services, (iv) attempt to interfere with the proper working of the Services, (v) take any action that imposes an unreasonable or disproportionately large load on River’s infrastructure, (vi) access, reload or ”refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval, or (vii) incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by River in writing.
9. Transactions
By completing a transaction through your Account, you are (i) agreeing to pay for all transactions made through your Account, including recurring charges for subscriptions that are not cancelled; (ii) authorizing River to charge your payment card for all fees due and payable for all your transactions; and (iii) agreeing to any applicable terms associated with use of the particular Service. UNLESS WE ARE REQUIRED BY LAW, WE WILL NOT PROVIDE A REFUND OR CREDIT FOR ANY REASON, INCLUDING WITHOUT LIMITATION, FOR ANY PERIOD REMAINING IN YOUR SUBSCRIPTION AFTER YOU CANCEL YOUR SUBSCRIPTION. THE PRICE APPLICABLE TO YOUR TRANSACTION WILL BE THE PRICE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION. Special product, prices, and promotions are no longer valid once they are changed or removed. Prices listed do not include HST, GST or any other form of sales tax. Applicable taxes will be calculated and added at the time you complete a transaction.
10. Data Maintenance, Support, and Software Updates/Changes (if applicable)
(i) River may elect to provide you with customer support and/or Software upgrades, enhancements, or modifications (collectively, "Support"), in its sole discretion, and may cancel this Support at any time without notice to you.
(ii) River may, without notice or liability, collect non-personal information regarding your digital device(s) (“Digital Device(s)”), hardware and software through which you access RiverTV during the installation and/or use of the Software.
(iii) River may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content.
(iv) River may impose limits on certain features and services, or restrict your access to parts or all of the Software or the Service, without notice or liability.
(v) River, its licensors and other third party suppliers reserve the right to delete data from their servers, prevent access to their servers, or to change data categories for any reason that River or third parties deem sufficient, in their sole discretion at any time, without notice.
(vi) Nothing in these Terms imposes upon River or River’s licensors any obligation to provide you with new, enhanced or additional Support at any time.
(vii) River may connect remotely to, and run scripts on your Digital Device(s). As part of remote Support, River and its agents will have full access to your Digital Device(s) during such time.
11. Other Users
Subscription Content is connected to the single Account used to order that Content and cannot be transferred to another account. Each Account permits the viewing of the Content on up to 5 different Digital Devices, but only on 3 Digital Devices at a time. Any attempt to circumvent that limit is a breach of these Terms, resulting in cancellation of the Service, in accordance with Section 16. You will cause anyone who uses the Software through your Digital Device(s) to observe and comply with the Terms respecting that use. You further agree that you are solely responsible and liable for any and all breaches of the Terms, whether the breach is the result of use of the Software by you, or by any other user of your Digital Device(s).
12. Content and Video Streams
Certain variables not within our control may impact the delivery of, and access to, Content, including without limitation, availability of Content from our third party licensors, the speed and availability of your broadband or network connection, compatibility between the format of the Content and the device you use to access that Content, and any applicable restrictions that may be imposed on the Content from our third party licensors. These variables may cause delays, technical difficulties, or an inability to view the Video Content. Digital versions of some Video Content may be different from the original formatted content, or previously released versions of the same titled content.
Some Subscription Content will be blacked out and not available to you based on where you live, the Services offered by RiverTV that you may or may not subscribe to and/or where you are located at the time you attempt to view that Subscription Content. In addition, some Subscription Content that is available on an equivalent linear TV channel to some of those carried by RiverTV may be blacked out and unavailable to you through RiverTV if the channel owner (the “Programmer”) does not own the right to or has chosen not to make such Subscription Content available to RiverTV.
Content may be made available to you as a live or near-live stream (”Live Stream Content”) or as a licensed stream supported by advertising or promotional materials that may be for a limited duration (”Ad Supported Content”). Content is subject to digital rights management rules, and are subject to other restrictions and limitations depending on the type of Content or the device you use to access Content. Some of these restrictions are described below.
Live Stream Content: Live Stream Content comprises live or near-live transmissions of live events(“Live Events”) and may be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves, and may also be available for an extended period past the occurrence of the applicable Live Event. When you access Live Stream Content, you may not be able to view any part of the Live Stream Content that occurred prior to the start of your viewing. We have no control over the start and finish time of a Live Event; the duration of a Live Event; the content of a Live Event (including the availability, quality or suitability of the content or that it complies with applicable law); or that the Live Stream Content be delivered uninterrupted, error-free and without fault or delay.
Ad Supported Content: Ad Supported Content is Content that contains or is displayed with advertising, marketing or other promotional materials (together, the ”Promotional Materials”). Promotional Materials may be displayed in, or around, Ad Supported Content by any means selected by us or our Ad Supported Content Partners (defined below). By accessing the Service, you acknowledge that Ad Supported Content may include, comprise or be displayed with Promotional Materials that may delay or interrupt its playback. We may prevent you from skipping or manipulating the display of Promotional Materials, and, if so, you may not to attempt to access Ad Supported Content in any manner not prescribed by us. We do not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner, and give no warranty or other assurance in relation to any products or services featured in these advertisements and promotional materials.
Certain Ad Supported Content may be hosted or delivered to you by or through third party licensors, providers or partners (”Ad Supported Content Partners”). We have no control over the content hosted or delivered by the Ad Supported Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
13. Free Trials
When you first sign up for an Account, it may begin with a free trial period, which you will begin by providing your mobile phone number or email address (depending on how you access the offer). Free trials are only available to you if you have not been a Subscriber within the preceding 12 months. During the trial period, you will be prompted to provide your name, email address, phone number, billing address, and payment card information. The following is not applicable to residents of the Province of Quebec: At the end of the trial period, if you have not cancelled your subscription, your payment card will be charged for the Service. To avoid being charged for each subsequent renewal of the subscription, you must cancel your subscription prior to expiration of the then current subscription free trial period.
14. Promotional Offers & Discounts
From time to time, promotional offers (“Offer(s)”) may be presented to you by River in respect of the Services, or services provided by VMedia Inc. or other affiliates of River. These Offers may vary. They may be offered only to select subscribers or subscriptions, may be limited in time and/or geographic scope, or may require you to make a minimum purchase or to purchase a particular subscription, or may exclude particular products. For example, we may offer a discount coupon in a stated amount (i.e. $5 off your first month’s subscription), or we may provide a promotional code (which must be redeemed as part of the offer), or a discount for a limited time (i.e. receive your first 2 months for $10.99 per month). We may provide Offers to you directly or through our Authorized Distributors or other third parties; if from a third party, you are also subject to any additional terms and conditions prescribed by those third parties, including their right to modify or cancel that particular Offer. Generally speaking and unless otherwise stated, Offers cannot be combined. Your hereby consent to receiving notifications of Offers from time to time. River reserves the right to change, modify, or adjust promotional offers and discounts at any time.
15. Subscriptions, Auto-Renewal and Cancellation
We may offer you the opportunity to purchase subscriptions that provide access to certain of the Services for a month at a time. Please review each Service description, the cost, applicable taxes, fees, and surcharges, and subscription term carefully before ordering or paying. At the beginning of each subscription term without further notice to you, the cost of each subscription plus applicable taxes, fees, and surcharges will automatically be charged to the payment card you presented when you created your Account. The price of your subscription may change, and we will notify you of any changes. All prices listed on a Website, or in any marketing or promotional materials, are in Canadian dollars. Prices and availability of Subscription Content are subject to change at any time.
You agree to pay for all Subscription Content subscribed through your Account. Payment must be made using a valid credit card or debit card (Visa, MasterCard or American Express) or by charging your purchase to your account with an Authorized Distributor, where available. If paying by credit card or debit card, you authorize us to charge the card that you provide to us the amount representing the price of the Subscription Content that you ordered (plus applicable taxes), which may be a single payment, or on a monthly, quarterly or yearly basis, as indicated when you subscribe. If you have pre-authorized payments of Subscription Content on your credit card, you agree to promptly update any information necessary to ensure that the payments are processed and acknowledge that you may not be able to access the Subscription Content if you fail to do so. If your Subscription Content includes a free trial, then you acknowledge that your credit card will be authorized for up to the amount representing the price of the Subscription Content during the free trial, however, your credit card will not be charged until after the end of the free trial. Other than in this regard, all Subscription Content sales are final: there are no refunds, exchanges or credits for any reason.
In the event of a credit card chargeback, the Subscription Content will not be accessible until resolution of the chargeback and there will be no refund for the period that your Subscription Content is inaccessible.
If charging your subscription to your account with an Authorized Distributor, your purchase may also be governed by their terms.
Once you have subscribed to Subscription Content, you will receive an email confirmation. Please keep this email as it is your receipt for your subscription and includes your confirmation number and any applicable Subscription Terms.
Subscriptions are month to month and renew automatically unless you cancel the subscription by signing into a Service, going to your Account page, and following the cancellation instructions. Cancellation will take effect at the end of the then current subscription term. You can view your subscription renewal dates in your Account settings. If you choose to upgrade or downgrade or add Services to your subscription, the upgrade or downgrade will take effect at the end of your then current subscription term and you will be billed at the new rate for the subscription. If you no longer wish to receive your subscription, you must cancel your subscription. If you have cancelled your subscription, your Account will show that it has been cancelled.
After you complete your subscription order, you will receive a confirmation of the transaction and auto-renewal. You hereby consent to receiving the confirmation via email to the email address connected to your Account. As with all transactions, please print and retain a copy of your confirmation email for your reference.
After the effective date of termination or cancellation, you will not be able to access content or services provided in your subscription. Further information about managing your subscriptions is available at www.rivertv.ca/help.
If you have subscribed for Subscription Content for a fixed term where you have obtained a benefit in the form of lower monthly rates or reduced costs of Digital Devices or other equipment or services which might be offered by River in conjunction with a subscription to RiverTV, or any other promotion linked to your subscription for a fixed term(the “Promotional Benefit”), if you should cancel prior to the end of the fixed term, River may charge you for the economic value of the Promotional Benefit linked to your subscription for a fixed term.
16. Termination / Suspension
Subject to the next following paragraph, we reserve the right at any time to change or discontinue any of the Services, or any aspect or feature of the Services, including, without limitation, the Content, hours of availability, specifications, prices, and equipment needed for access or use of the Services, without notice to you.
If you subscribe to the Subscription Content directly through River, then River may discontinue any Subscription Content that you subscribe to upon no less than 30 days' (if you are a resident of Québec, 60 days') advance written notice to you. Unless otherwise set out in any applicable Terms, you may cancel your recurring subscription to Subscription Content at any time by notifying us through the contact option accessible at Section 22.
Not applicable to residents of Québec: That cancellation (including your loss of access to the cancelled Subscription Content) will be effective as of the end of the last subscription period for which you have already paid.
Applicable only to residents of Québec: That cancellation (including your loss of access to the cancelled Subscription Content) will be effective as of the date you notify us or a future date that you request (if applicable), whichever is later. You will be refunded for the portion of that subscription period not completed as of the cancellation date.
If you subscribe to the Service through an Authorized Distributor, then any cancellation of Service described in this subsection will be governed by the terms of service of that Authorized Distributor.
We reserve the right at anytime, without notice to you, to terminate your Account or otherwise restrict, block, suspend or cancel any or all of your use of the Services or any portion thereof, the Service for failure to complete transaction payments or if you fail to comply in full with any of these Terms or any other terms, agreements, or policies (including, without limitation, our Acceptable Use Policy) that apply to the Services and the use of any of them. Any cancellation will not relieve you of any obligation to pay fees accrued prior to cancellation.
For any Service that uses online servers, we make no commitment to continue to make those servers available. In addition, we reserve the right to delete your Account data that we determine to have been dormant. If we determine that you have violated any of these Terms or any other terms connected with the Services or have injured or damaged the Services community, we may take actions to protect our interests, including termination or suspension of your Account, automatic removal or blockage of River Property, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive the Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with River Property that was accessed, use of that content must immediately cease. You agree that River will have no liability to you if the Services are changed or discontinued or your ability to access the Services is terminated. After your Account is terminated, you will not be able to access the Services. Once you no longer have the right to use River Property for any reason, you must delete any River Property which may reside with you.
17. Trademarks
RiverTV™ and all other RiverTV slogans, logos, and product and service names used on the Services are trademarks owned by River. You agree not to display or use such trademarks, in any manner, without the written permission of River. Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by River subject to license, or used for identification purposes only. You are expressly forbidden to misuse, reproduce or remove the marks.
18. Ownership and Copyright
All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on the Services are the proprietary materials of River or its third-party licensors or suppliers, unless otherwise noted.
River also uses proprietary algorithms to run certain software tools made available on the Services. These algorithms and all related software and technology are the sole and exclusive property of River and/or its licensors.
For greater certainty. except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to: (i) the Services and each component thereof; and (ii) any Content available through the Services, are the property of their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties.
Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing it. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any license or other rights in connection with any trademarks or logos appearing on the Services. You may not use any trademark or service mark appearing on any component of the Services without the prior written consent of the rightful owner. River will aggressively enforce our intellectual property rights to the fullest extent permitted by law, and that owners of any other intellectual property rights may also do so against you personally.
The Services are owned and operated by River, but may include elements licensed from or provided by third parties. River is not a publisher of content supplied by third parties and users of the Services. Accordingly, River has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of River. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. River neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized River employee spokespersons while acting in their official capacities.
19. Content Submitted or Posted
You will not email, post, upload, input, provide, send or submit any communications or content of any type protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission. River may limit, remove or delete any content or other information stored, submitted or used in connection with the Services that River in its sole discretion deems to be in violation of these Terms or any applicable federal, provincial, or local law, regulation, or ordinance.
Subject to River’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted by you (“Submissions”) will be treated as non-confidential and non-proprietary. If you provide any Submissions to us, we will be entitled to use the Submissions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Submissions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Submissions.
20. Links
Through the Services, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you, and not as an endorsement by RiverTV of the contents on such third party websites. If you decide to access linked third party websites, you do so at your own risk. RiverTV is not responsible for the content on those other websites.
21. Equipment
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto.
22. Contact
To contact River in connection with RiverTV, please contact us through one of the options listed at www.rivertv.ca/help.
23. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless River and its third party information providers, suppliers, service providers, licensors, contractors, and others involved in the Services or the delivery of services or information over the Services(the “River Parties”), and their respective directors, officers, agents, contractors, partners and employees, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees and costs and other litigation expenses) arising out of, relating to, or in connection with (a) your use or misuse of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your use of or inability to use the Services. (d) your unauthorized use of the Services or content or material obtained through the Services, (e) any violation of any law or regulation by you, and (f) your breach of these Terms.
River may, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim. Your indemnification shall survive any termination of your right to use any part of the Services.
Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
24. Limitation of Liability
Not applicable to residents of Québec: To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall any of the River Parties be liable to you or any third party for:
(i) any direct, indirect, incidental, special, consequential, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the use of, or the inability to use, any part of the Services, including without limitation Subscription Content, information, material, or postings on the Services, directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of damages. You specifically acknowledge and agree that none of the River Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
(ii) any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the software relating to the Services infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. These limits apply to any act or omission of any of the River Parties, whether or not those acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statute or pursuant to any other doctrine of law.
Applicable only to residents of Québec: Except for damages resulting from a River Party's own act, the River Parties will not be liable to you or any third party for:
(i) any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security or property damage) or any loss that results from the Services, the use of, or the inability to use, any part of the Services including without limitation any Subscription Content, information, material, or postings on any part of the Services, directly or indirectly, or the transmission of confidential or sensitive information over the Internet. You specifically acknowledge and agree that none of the River Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
(ii) any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the software relating to the Services infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
River also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
25. No Warranty
The Services and all Content, material, information or postings found on or accessed through the Services, are provided on an "as is" and “best effort” basis. To the maximum extent permitted by applicable law, the River Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, for the Services or the Content contained in or accessed through the Services.
To the maximum extent permitted by applicable law, none of the River Parties makes any representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of the Services or the Content contained in or accessed through the Services, including, without limitation, the contents, transmission or delivery of any Content, information, material, or posting found on the Services (including the Subscription Content), or any links to other sites made available through the Services or the content contained therein, or the software related thereto, and the operation or any feature of that software. To the maximum extent permitted by applicable law, none of the River Parties makes any representations or warranties that any Services or access to and use of a Service will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components.
For software related to the Services, to the maximum extent permitted by applicable law, all representations, warranties and conditions of any kind, express or implied, are excluded including any related to completeness of response, results and workmanlike effort for the software. You expressly agree that use of the Services are at your sole risk.
You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through the Services. The River Parties shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.
The Services are not intended for any use in which the failure thereof could lead to death, personal injury or environmental damage. You represent and warrant to River that use of the Services shall not result in the Services becoming subject to the terms of an open source license under which downstream recipients or other third parties may claim the right to (i) copy, create derivative works of, or redistribute the Services, or (ii) receive source code to the Services.
Information provided on or in connection with the Services may contain references or cross-references to River products and services that are not available in your local area and River makes no representations or warranties as to the availability of those products and services in your local area and any references do not imply that River intends to provide those products or services in your local area. River recommends that you consult the Websites carefully for information regarding the products and services which may be available to you in your local area.
26. General Terms
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario.
Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any applicable Terms relating to the Subscription Content, any other documents referenced herein and any rules, policies, guidelines or other agreements posted on the Websites by River constitute the entire agreement between River and you for your use of the Services.
Either party's failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either River or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained in these Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. If any portion of these Terms is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect River’s original intentions and the remainder of the provisions shall remain in full force and effect. Neither the course of conduct between you and River nor trade practice shall act to modify any provision of these Terms. These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on your and River’s respective successors and assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent. The provisions of Sections 16, 23, 24, 25 and 26 survive cancellation of the Service.
If you are dissatisfied with the Services or with these Terms, then your sole remedy is to stop using all Services. You will then destroy all materials you obtained from River and any copies you may have made.