Last Modified on: September 17, 2020
Note: We have made certain updates to these Terms of Service, including without limitation, adding terms regarding virtual money and virtual goods and services in connection with our mobile applications (see Section 10), as well as a waiver of jury trials and class actions (see Section 15).
These Terms of Service apply to your access or use of our websites (including if you are using our website to sign up with us as a Content Provider or other service provider), mobile applications, and any product or platform (we offer or through which we provide services (collectively, “Services”), all as set out in the terms and conditions below.
The Services are owned and operated by BroadbandTV Corp. and/or its affiliated companies and subsidiaries (referred to collectively as “BBTV”, “we” “us” or “our”).
Please read these terms and conditions before using our websites and Services.
1. Consent & Eligibility
2. Third Party Content
BBTV’s Services may display some content (including without limitation ads) that is owned by third parties. This content is solely the responsibility of the third party that makes it available. BBTV is not responsible for the content of any other website, whether or not it is linked from or to this site. You agree that BBTV shall not be liable for any such third party websites or content.
No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from the Services.
3. Trade Marks
“BBTV”, “BROADBANDTV”, “VISO”, “VISO Catalyst”, “VISO NOVI”, “VISO Magnetics”, “TGN”, “Opposition”, “WIMSIC”, “Kandesa”, “Flock”, “Outspeak”, “HooplaKidz”, “Windfall”, “Squad Rivals”, “YoBoHo”, and other trademarks, trade names, service marks, logos and images displayed on or through the Services are owned or licensed by BBTV.
The Services, and all content included in the Services, including without limitation, the content on this website, and all design, text, graphics, content, video, and/or audio related thereto, are the property of BBTV, and/or (where applicable) third party licensors and are protected under the copyright laws of Canada and other countries. None of the content found on the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of BBTV.
5. Permitted Use
All Services and all content which forms part of the Services are the property of or licensed to BBTV. You are authorized to access the content for your personal, non-commercial use only, provided that any copy of this material retains all copyright, disclaimer or other proprietary notices on it. Any other copying, use or reverse engineering of the content or materials made available through the Services is prohibited without the express written permission of BBTV.
You may not make any commercial use of the Services or any content on the Services without getting prior written permission from BBTV.
Nothing in these Terms of Service shall operate to grant any other right or license to any intellectual property of BBTV or any third party.
You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, or pornographic content.
In using the Services, you agree to comply with all applicable laws, rules and regulations.
In its sole discretion, in addition to any other rights or remedies available to BBTV, and without any liability whatsoever, BBTV may terminate or restrict your access to any of the Services. BBTV reserves the right to modify or to terminate any of its Services at any time.
6. User Name and Password
You may need to create an account or profile accessed by a user name and password in order to use some of our Services. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized BBTV representative. You should change your password on a regular basis, and you must log out at the end of each session.
You must immediately notify BBTV of any suspected or actual unauthorized use of your user name or password.
8. Your Content and Feedback
Certain of the Services may allow you to submit content (including without limitation graphics, artwork, written works and software). If you choose to submit such content to us through the Services or through email or methods of delivery, you grant BBTV a non-exclusive, royalty-free, perpetual, worldwide, sublicensable license right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, for commercial or non-commercial purposes.
If you submit to us feedback or suggestions on our Services or other parts of BBTV’s business, you agree to grant BBTV a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, fully-paid-up license to use such feedback or suggestions for any purpose without any compensation or obligation to you.
9. Fan Funding
In all circumstances where the content distribution service or platform on which any of your content is distributed (a “Platform”) has a feature that enables you to receive voluntary payments from end users, including those where end users may obtain access to certain features on such Platform in exchange for such payment(s) (such a feature referred herein as “Fan Funding”; and a Platform having Fan Funding referred herein as a “Fan Funding Platform”), and you enable, or authorize BBTV to enable on your behalf, Fan Funding, you acknowledge and understand that you are making an offer to end users, and that when an end user makes a payment to you (collectively, “Fan Funds”), it signifies such end user’s acceptance of this offer and the formation of an agreement between you and the end user. Accordingly, as between BBTV and you, you are solely responsible to such end user for any and all legal obligations that arise from such agreement, including fulfilling any offers or promises made to the end user in connection therewith.
Either BBTV or the applicable Fan Funding Platform may issue a refund if it determines, in its respective sole discretion, that the circumstances justify a refund. In the event that BBTV or the applicable Fan Funding Platform Party issues a refund, you authorize that party to deduct the refund from any revenue owing to you by such party.
The applicable Fan Funding Platform may require and charge a transaction fee on each payment of a Fan Fund (the “Platform Fan Funding Fee”) and revise such fee from time to time. You acknowledge and agree that: (a) BBTV is under no obligation or liability to notify you of any such revisions to a Platform Fan Funding Fee; (b) you are responsible for any taxes relating to the payment of a Platform Fan Funding Fee; and (c) if BBTV is required to charge taxes to you in connection with a Platform Fan Funding Fee, then BBTV will include those amounts in the applicable payment reports by BBTV, in addition to each Platform Fan Funding Fee.
BBTV will not charge you any fees for any Fan Funds, provided, however, that BBTV reserves the right to decide at any time during the application of these Terms of Service, and in its sole discretion, to charge you any fees it reasonably determines to be necessary for its administration of the applicable Fan Funding on a Fan Funding Platform (the “BBTV Fan Funding Fee”) and to revise the amount of the BBTV Fan Funding Fee from time to time and in its sole discretion. If BBTV decides to implement a BBTV Fan Funding Fee, or to revise the amount of such a fee, BBTV will give you a 30-days’ written notice of this decision. You acknowledge and agree that: (a) any BBTV Fan Funding Fee is exclusive of taxes imposed by laws and governmental entities of whatever kind, and you will be responsible for any taxes relating to the payment of such fees; and (b) if BBTV is required to charge taxes to you in connection with a BBTV Fan Funding Fee, then BBTV will include those amounts in the applicable payment reports by BBTV, in addition to each BBTV Fan Funding Fee.
10. Digital Money and Digital Goods and Services
In the event that the Services permit you to purchase virtual or digital currency (“Digital Money”) and to use that Digital Money to purchase virtual or digital items or services (“Digital Goods and Services”), such as through BBTV’s mobile applications, including the mobile game “Squad Rivals”, you acknowledge and agree that such Digital Money and Digital Goods and Services have no monetary value and cannot be exchanged for real or physical money, goods, or services. The purchase of Digital Money and Digital Goods and Services is restricted to users who are either of the age of legal majority or have the consent of their parent or guardian to make such purchase.
The purchase of Digital Money grants you a limited, non-transferable, non-sublicensable, revocable license to use such Digital Money to purchase Digital Goods and Services for your own personal, non-commercial use of the Services. You acknowledge and agree that you do not acquire ownership rights in or to such Digital Money or Digital Goods and Services. You agree that Digital Money cannot be purchased from any third-party platforms, exchanges, brokers, or other mechanisms, unless expressly authorized by BBTV. Once you acquire a license to Digital Money or Digital Goods and Services, you may not transfer, sell, or exchange such Digital Money or Digital Goods and Services to another individual or account. BBTV may revise the pricing and availability of Digital Money and Digital Goods and Services at any time.
You agree that all purchases of Digital Money and Digital Goods and Services are final and that BBTV will not permit exchanges or refunds of any unused Digital Money or Digital Goods and Services once the transaction is complete. If you are a resident of the European Union, you have certain rights to withdraw from online purchases; however, upon the purchase of Digital Money, your right of withdrawal is lost once Digital Money is credited to your account. BBTV may provide a VAT invoice to residents of the European Union where required to do so by law or where requested by you. BBTV has no obligation to reimburse or refund you for any Digital Money or Digital Goods and Services lost due to cancellation, suspension, or termination of your account.
11. Modifications to Platform Policies and Procedures
In the event that a Platform modifies its policies or procedures, or the manner or format in which data or documentation is provided to BBTV in connection with such policies or procedures (e.g. data reports), and such modification requires BBTV to modify its own policies or procedures in order to reasonably continue to perform its obligations owing to you pursuant to an executed agreement between you and BBTV (e.g. the payment of funds), all as determined by BBTV in its sole discretion, BBTV shall have the right to delay or postpone the performance of such obligation for a reasonable period of time, as determined by BBTV in its sole discretion, in order for BBTV to modify its policies or procedures and/or to take reasonable steps to implement any such modification to its policies or procedures.
12. No Representations and Warranties
Other than as expressly set out in these Terms of Service, neither BBTV nor its suppliers, distributors or partners or their respective directors, officers, employees, agents or contractors make any representations or warranty, whether express or implied, regarding the quality, accuracy or completeness of the Services or any information or content (including third party content and links) available through the Services, and, to the extent permitted by applicable law, expressly disclaim all warranties and conditions in respect of the Services and their content and data (including without limitation third party content and links), including without limitation implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Services and the content and information made available through the Services are provided “as is”.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BBTV AND ITS SUPPLIERS, DISTRIBUTORS AND PARTNERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES, THE OPERATION OF THE SERVICES, OR ANY FAILURE OR DELAY IN OPERATION OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
THE SERVICES ARE CONTROLLED AND OFFERED BY BBTV FROM FACILITIES LOCATED IN CANADA. BBTV MAKES NO REPRESENTATIONS THAT THE SERVICES OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE SUITABLE FOR RESIDENTS OF OTHER JURISDICTIONS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SERVICES FROM OTHER JURISDICTIONS IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS OF SUCH OTHER JURISDICTION(S).
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BBTV AND ITS SUPPLIERS, DISTRIBUTORS AND PARTNERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SERVICES OR TO CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BBTV TO USE THE SERVICES, OR IN THE CASE OF AN UNPAID SERVICE, TO USD$200.
You shall indemnify and save harmless BBTV and its suppliers, distributors and partners, and their respective officers, directors, employees, contractors and agents from and against any claim, action or demand (including any liability, expense, damages, judgements or reasonable attorney fees arising out of such claim, action or demand) arising out of or in connection with your use of the Services or any content or information available through the Services, or any breach of these Terms of Service.
If you are using the Services on behalf of a business, that business accepts these Terms of Service, including the above indemnification provisions.
15. WAIVER OF JURY TRIAL AND CLASS ACTION
YOU AND BBTV HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS OF SERVICE. YOU AND BBTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. Modification to these Terms of Service
We may change these Terms of Service from time to time. We will post any changes to these Terms of Service on this web page, and if the changes are significant, we will post a more prominent notice on this page. You may determine when these Terms of Service were last changed by referring to the modification date found at the beginning of these Terms of Service.
You agree that your continued use of the Services after notice of such change shall constitute your acceptance of these Terms of Service.
You agree to review these Terms of Service regularly in order to inform yourself of any changes to these Terms of Service.
17. Application of these Terms of Service
These Terms of Service apply to your use or access of the Services. However, other BBTV products and service that you use may have their own separate written terms and conditions, and in such case, such other terms and conditions will become part of your agreement with BBTV.
If you sign up with us as a Content Provider or other service provider and enter into a Content Provider agreement or other service agreement with us, in the event of an express conflict between such service agreement and these Terms of Service, the service agreement will control for the conflict.
18. Additional Terms and Conditions
The provisions of these Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of any of term or condition of these Terms of Service shall be deemed to be a continuing waiver of such term or condition or other terms or conditions, and BBTV’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service may not be assigned or transferred by you but may be assigned or transferred by BBTV at its discretion.
The headings used in these Terms and Conditions are included for convenience only and will not be used to interpret or limit these Terms of Service.
The provisions found under Sections 7 (Privacy), 8 (Your Content and Feedback), 9 (Fan Funding), 10 (Digital Money and Digital Goods and Services), 12 (No Representations and Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Waiver of Jury Trial and Class Action), 16 (Modification of these Terms of Services), and 18 (Additional Terms and Conditions) will survive these Terms of Service and your use of the Services.
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada. You agree to submit to the exclusive jurisdiction of the courts located in the City of Vancouver, British Columbia, Canada, in all disputes arising out of or relating to the use of the Services and these Terms of Service. The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
For information on how to contact BBTV, please see the contact information at the bottom of the bbtv.com website.