(Last Updated on July 21, 2020)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICE.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SERVICE.
By using the Service, or any of the content, products or services which may be made available to you via the Service, you agree to be bound by these terms and conditions, which may be modified by Bell Media from time to time as described in these terms and conditions (collectively, the “Terms and Conditions”). We suggest that you print a copy of these Terms and Conditions for your records. If you do not agree with these Terms and Conditions, you may not use the Service or any of the content, products or services which may be made available to you via the Service.
References to “you” and “your” in these Terms and Conditions are to you and anyone who uses the Service through your access. You must inform anyone who uses the Service through your access of these Terms and Conditions and obtain their agreement to these Terms and Conditions before allowing them to use the Service through your access. References to “we”, “us” and “our” in these Terms and Conditions are to Bell Media.
AVAILABILITY AND ACCESS
To be eligible to use and access the Service, you must:
a. be at least the age of majority in the province or territory in which you reside and be fully able and competent to enter into these Terms and Conditions,
b. satisfy the technical requirements applicable to the product, service or application you are using as specified in the “Help” section provided for the product, service or application, as applicable, and
c. satisfy any other requirements or criteria as determined by Bell Media or its third party suppliers,
(collectively, the “Eligibility Criteria”).
To access certain content, products or services made available to you via the Service, you may be required to sign in or register/authenticate to such content, product or service as described in Sections 5 and 6, respectively, and, in all cases, comply with the Technical Requirements set out in Section 10.
The Service is intended for use in Canada. Certain elements of the Service may not be available for use when you are outside of Canada, as may be determined by Bell Media in our sole and absolute discretion. Please consult the CTV FAQ (available on our website at www.ctv.ca/support) for further information about the Service.
By accessing or using the Service in any manner, you:
a. represent, warrant and covenant that you comply with the Eligibility Criteria,
b. affirm that you are at least the age of majority in the province or territory in which you reside and are fully able and competent to enter into these Terms and Conditions,
c. acknowledge that you have read and agree to be bound by these Terms and Conditions, and
d. consent to the collection, use and disclosure of your personal information as described herein and as permitted by our
To reach Customer Service, please contact us at
Access to certain content, products or services made available to you via the Service may require you to “sign in” to such content, product or service and create a registered account (“Registered Account”). In such event, you agree that:
a. you will provide registration details as requested by Bell Media including, but not limited to, a unique username and password,
b. you are responsible for all actions and activities which occur under your Registered Account, including ensuring that your username and password remain confidential, and
c. you will immediately notify Bell Media of any unauthorized use of any Registered Account, and if using a publicly shared Device, ensure that each Registered Account has logged off the Service at the completion of each session.
If you have any difficulty regarding your username or password, please contact Bell Media by email at http://www.ctv.ca/contact.
Bell Media and its affiliates will not be liable for any loss or damage arising from your use or misuse of your Registered Account, or failure to comply with the registration or confidentiality requirements.
To the extent a Registered Account is required, such requirement will be included within the Eligibility Criteria.
Access to certain content, products or services made available to you via the Service may require, among other things, that you “register” or “authenticate” for such content, product or service to establish that you are a current and paid-up subscriber with an authorized third party distributor or television provider (each an “Authorized Distributor”) which has been granted access to the Service by Bell Media (“Authenticated Account”). In such an event, you agree that:
a. you will provide your authentication details as requested by Bell Media,
b. you are responsible for all actions and activities which occur under your Authenticated Account, including ensuring that your username and password remain confidential, and
c. you will immediately notify Bell Media of any unauthorized use of any Authenticated Account, and if using a publicly shared Device, ensure that each Authenticated Account has logged off the Service at the completion of each session.
Further, if you use the Service through an Authorized Distributor, you will be bound by and these Terms and Conditions will apply to your use of the Service. Any terms and conditions agreed between you and your Authorized Distributor are separate and distinct from these Terms and Conditions; please consult your Authorized Distributor for more details. You acknowledge and agree that your dealings with your Authorized Distributor with respect to the Service, including all terms, conditions, representations and warranties related to such dealings, are solely as between you and your Authorized Distributor. We assume no responsibility whatsoever for: (i) any fees or charges that you or any user of your Authenticated Account incur through your Authorized Distributor; (ii) the Service; (iii) any loss or damage arising from your use or misuse of your Authenticated Account or failure to comply with your Authorized Distributor’s registration or confidentiality requirements; or (iv) any loss or damage of any kind incurred as a result of, or in connection with, your dealings or associated transactions with your Authorized Distributor.
To the extent an Authenticated Account is required, such requirement will be included within the Eligibility Criteria.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms and Conditions, and/or the Service, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Except as otherwise expressly contemplated herein, modifications will be effective when notice of such modification is posted. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any modification is not acceptable to you, you must discontinue your use of the Service immediately. Your continued use of the Service after any such modifications are posted will constitute acceptance of those modifications. Subject to our right to make modifications, no other statements (written or verbal) will change these Terms and Conditions. You may not make any changes to these Terms and Conditions.
In order to offer you the Service, we collect account and payment information from you, and may also access certain information relating to your use of the Service, as described in Sections 26 and 27 of these Terms and Conditions, and as further described in our
a. platform and Device related information;
b. channel listings and Content availability;
c. features and functionality;
d. Technical Requirements (as described in Section 10);
e. Content Security Requirements (as described in Section 11);
f. the Software (as defined in Section 23); and
g. troubleshooting guidance.
Your use of the Service will require a supported Device. In all such cases, you are solely responsible for the cost and maintenance of any such Internet or mobile connection, including any data usage, roaming or other charges that you incur. Consult your carrier and plan for details. You acknowledge that viewing quality, and the time it takes to begin watching the Content, may vary depending on the quality of your Internet or mobile connection and viewing Device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the Service or you may experience video and/or audio re-buffering or drop-outs.
Your use of the Service is subject to certain minimum technical requirements (the “Technical Requirements”) set out in the CTV FAQ (available on our website at www.ctv.ca/support) which Technical Requirements are incorporated into these Terms and Conditions by reference.
It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the Service. These are described in the Technical Requirements. We reserve the right to change or cease support of any hardware or software platforms at any time. Any such change or cessation of support will be addressed in the Technical Requirements.
We may change the Technical Requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your Devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the current Technical Requirements.
The Service allows you to view, preview, access and select from various offerings of live, online and on-demand programming, including certain audio, graphics, photos, text, special features, television programs, movies, clips and other video content (the “Content”) in accordance with these Terms and Conditions. Different Content may be available to different levels of access, and the Content available may change over time. You may consult the directory of currently available Content on our website at
Your ability to stream the Content may be subject to certain content security requirements (“Content Security Requirements”) set out in the CTV FAQ (available on our website at www.ctv.ca/support) which Content Security Requirements are incorporated into these Terms and Conditions by reference.
Certain Content may be made available to you for viewing for a limited time. The availability of the Content will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service or access to the Content.
While we will attempt to keep the Content descriptions up-to-date, we do not warrant that they will be complete, current or accurate. Bell Media and its service providers, suppliers, and licensors, and each of their respective directors, officers, employees and agents are not responsible for and do not accept any liability whatsoever for any issues related to your right to use the Service, your access to the Content, or the suspension or termination thereof.
RIGHT TO USE
Provided you continue to comply with these Terms and Conditions, you are hereby granted a limited, non-exclusive and non-transferable right and license to use, access and/or install the Service in accordance with the access privileges provided by us to you solely for your personal, non-commercial and entertainment use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
PROMOTIONAL MATERIALS AND ADVERTISING
The Service may include promotional material and advertisements for third party products and services. By using the Service and agreeing to these Terms and Conditions, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Service. You acknowledge and agree that by clicking on a banner advertisement or link from Bell Media’s advertisers and sponsors, you will be taken to other websites, which are not operated by Bell Media or under its control. Bell Media does not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that Bell Media will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms and Conditions, when using the Service.
a. use the Service for anything other than your own personal, non-commercial and entertainment purposes. For greater certainty, and without limiting the generality of the foregoing, you may not charge for viewing the Service and you may not use the Service to attract others to buy goods or services from you or anyone else or to attract anyone to attend any premises;
b. copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the Service or Content. For greater certainty, and without limiting the generality of the foregoing, you may not view the Service or the Content in circumstances where members of the public can view them simultaneously or authorize, enable, or procure any other person to do so;
c. use the Service to share or distribute any Content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming, Airplay or any similar processes, except directly in connection with your own personal, non-commercial use of the Service for entertainment purposes;
d. use the Service to engage in any activities that infringe intellectual property rights (e.g., peer-to-peer (P2P) file-sharing, posting, unauthorized streaming, making available, uploading, downloading, or any other distribution of content protected by intellectual property laws) or facilitate any such activities (e.g., use of eDonkey directory servers, BitTorrent trackers and/or websites that index and link to content served at a separate host);
e. interfere or attempt to interfere with the operation of the Service, the Content, or the servers or networks connected to the Service including, through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;
f. circumvent, remove, alter, deactivate, or degrade any of the Content protections in the Service;
g. copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs used in connection with the Service or the Content;
h. copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Service;
i. use or attempt to use the Service in a manner to avoid incurring charges for usage;
j. use any data mining, robots, or similar data gathering and extraction tools on the Service, the Content or on any portion thereof, or frame any portion of the Service or Content, it being agreed that should we become aware that your Device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the Service on your Device;
k. use the Service to access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access such as ‘packet sniffers’;
l. use the Service to post, upload, email, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
m. use the Service to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; or
n. use the Service to invade another person’s privacy, or to collect or store personal data about other users.
RESPONSIBILITY FOR MINORS
You must be the age of majority in the Canadian province or territory in which you reside in order to use the Service. In cases where you have allowed a minor to use the Service, you recognize that you are fully responsible for: (a) the conduct of such minor; (b) controlling the minor’s access to and use of the Service; and (c) the consequences of any use or misuse of the Service by the minor. You acknowledge that Content displayed or accessed through the Service may contain mature content that may be inappropriate for minors. We may offer tools that are intended to assist you in controlling the Content a minor may view, such as parental controls. However, you remain responsible for the use of the Service by the minor as described in this Section, and we cannot be held responsible for any error in, failure of, or circumvention of such tools. We recommend that you always monitor the Content the minor views and do not rely solely on tools such as parental controls.
You acknowledge and agree that our content suppliers are third party beneficiaries of these Terms and Conditions. This means that, upon your acceptance of these Terms and Conditions, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions directly against you.
THIRD PARTY SOFTWARE
Your use of the Service and/or access to the Content may be provided to you through third party websites, platforms and portals including social networking sites and digital storefronts (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of those Third Party Platforms. Bell Media does not monitor or control these Third Party Platforms and does not assume any responsibility or liability for your use of such Third Party Platforms. You access these Third Party Platforms at your own risk. The presence of a link to Third Party Platforms does not constitute or imply Bell Media’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Third Party Platforms.
THIRD PARTY APPLICATIONS
There are software programs and technology contained within, or available through, the Service that have been licensed to Bell Media by third parties (collectively, “Third Party Software”). Third Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that neither Bell Media, nor the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms and Conditions apply to the Third Party Software contained in the Service.
Content displayed or accessed by, through or in the Service may contain mature content, which may not be appropriate for all users. Where possible, Content is rated according to guidelines established by the appropriate Canadian governing authority. However, some Content may not be rated and may contain violence, sexual content and mature themes. Adult and mature Content is only intended for users who are the age of majority in the Canadian province or territory in which they reside, or users who have received consent from a parent or guardian.
You acknowledge and agree that your account may have access to adult or mature content and/or content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that access to and use of the Service and the Content is at your sole risk, and that we have no liability to you or anyone who uses or views the Service, whether through your account or otherwise, for the type of Content accessed.
INTELLECTUAL PROPERTY RIGHTS
The Service and the Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, or other proprietary rights. You acknowledge and agree that you have no ownership rights in the Service or the Content, and you only have a limited license to access and use the Service for private, non-commercial and entertainment purposes and, in certain cases, a limited right to view the Content.
Except as expressly provided, nothing in these Terms and Conditions or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver, or otherwise.
CTV and related names, logos and images, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected as registered or unregistered trademarks or trade names owned by or licensed to Bell Media (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view the Content in accordance with these Terms and Conditions.
Bell Media may choose to make available updates, upgrades or other changes or enhancements to the Service (“Service Updates”). Service Updates may be: (a) optional, in which case you will receive information and instructions to authorize Service Updates; or (b) mandatory, in which case you must consent to the Service Update for continued access to the Service. In addition, we reserve the right to test features and functions of the Service, including user interfaces, service levels, promotional features, and availability and delivery of Content. By using the Service, you agree that we may include you in or exclude you from these tests without notice.
a. General: You may be required to download software applications or other forms of content including files, images or data (“Software”) in order to access or use the Service. The Software is made available to you by us or third parties subject to the following terms and conditions, and any terms and conditions made available to you during the installation process.
b. License Grant: Bell Media and such third parties grant you a non-exclusive, limited, personal, non-transferable, revocable license, subject to your compliance with these Terms and Conditions, to install and use the Software in executable form solely in connection with the Service on such number of Internet-connected computers and other compatible devices as specified in the Technical Requirements.
c. Limitations: You agree that the Software is licensed to you by us or third parties for your personal and non-commercial use only, and you must:
1. not modify the Software;
2. maintain all copyright and other proprietary notices contained with or displayed on the Software;
3. not create any derivative works of the Software;
4. not transmit or make the Software available over a network where it could be used by multiple computers or devices at the same time;
5. not make any Third Party Software contained in the Software a standalone product;
6. not take any action that will infringe on the intellectual property or other proprietary rights of Bell Media or third party licensors; or
7. not copy, redistribute, sell, rent, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
d. All Rights Retained: Bell Media or the applicable third party shall retain full and complete title to the Software and all intellectual property rights therein. You agree that it is your responsibility to review and evaluate the Software and any terms and conditions presented to you during the installation process, and that all risk associated with the use of, or reliance on, the Software rests with you.
e. Support: We may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, “Support”), in our sole discretion, and may terminate this Support at any time without notice to you. In addition:
1. we may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature or function;
2. we may impose limits on certain features and functions or restrict your access to parts or all of the Software or the Service without notice or liability;
3. we, our licensors, and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that we or third parties deem sufficient in their sole discretion at any time, without notice; and
4. nothing in these Terms and Conditions imposes upon us or our licensors any obligation to provide you with new, enhanced or additional Support at any time.
f. No Liability: You agree that Bell Media, including our suppliers, shall not be, to the extent permitted by applicable law, 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 use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
g. Apple: If you have downloaded Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
You agree and acknowledge that these Terms and Conditions are concluded between you and Bell Media only and not with Apple and that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or macOS ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes Application Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and Conditions. In the event of any failure of the Software to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the Software (if any), and that to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be Bell Media’s sole responsibility. Please note that to the extent permitted by applicable law, Bell Media has disclaimed all warranties.
Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party’s intellectual property rights. In the event of any third party claim that the Software or the user’s possession and use of that Software infringes a third party’s intellectual property rights, Bell Media, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof.
You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Microsoft: The following additional terms apply in relation to certain Microsoft Corporation products and content-protection technology:
If you are accessing the Service through a Microsoft product, you acknowledge and agree that the Service and the Content are provided to you solely by Bell Media and not the Microsoft Corporation. Further, you acknowledge and agree that the Microsoft Corporation shall not be held liable under any theory of liability for any claims related to the Service, the Content, or these Terms and Conditions.
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Service uses PlayReady technology to protect certain PlayReady-protected Content. If the PlayReady technology fails to protect such Content, the Content owners may require the Service to restrict or prevent the delivery of their Content to specified digital devices and/or software applications. In certain cases, Content owners may require you to upgrade PlayReady to continue to access their Content. If you decline an upgrade, you will not be able to access the Content that requires the upgrade and you may not be able to install other operating system updates or upgrades.
CONTENT LINKED TO THE SERVICE
Please note that certain links made available via the Service may take you to third party websites. We provide these links only as a convenience. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page that is not part of a Bell Media website and under our control. Unless otherwise expressly provided, we make no representation or warranty regarding, and do not endorse, any linked site or the information, products or services appearing on it. Accordingly, you agree that we will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Service, or compliance of the site with any legal obligations with respect to privacy or other applicable laws.
SUSPENSION AND TERMINATION
The Service may provide us with limited access to your Device to provide us with information related to your use of the Service, including Content viewed, amount of time viewed, and general information regarding your Device (such as a unique device identifier, your operating system, existing software, amount of available storage space, connectivity and your interaction with the Service). This information, together with any other information you provide to us through your registration for the Service and/or your use of any of its features, will, among other things, enable us to:
a. enforce these Terms and Conditions,
b. manage rights associated with the Content,
c. generate usage and performance data concerning your use of the Content and the Service,
d. deliver interest-based advertising to you,
e. collect information for security purposes,
f. help you use the Service more effectively, and
g. otherwise help us to enhance and improve the Content and the Service.
COOKIES AND SIMILAR TECHNOLOGIES
By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Please note that disabling cookies may impair the functionality of the Service and/or the website, either fully or in part, and may prevent you from using certain Service or website features, services or applications. Consult each individual browser’s “help” feature for more information.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE, THE CONTENT, ANY PARENTAL CONTROLS, THE SOFTWARE, INFORMATION, AND ALL MATERIALS ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT, ANY PARENTAL CONTROLS, THE SOFTWARE, OR THE SERVICE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE, THE SOFTWARE, ANY PARENTAL CONTROLS, OR THE CONTENT WILL BE NON-INFRINGING, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO PROVIDE NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF THE SOFTWARE, ANY PARENTAL CONTROLS, ANY CONTENT, INFORMATION, MATERIALS, OR THE SERVICE.
You agree to defend (at our option), indemnify and hold harmless each of Bell Media and its service providers, suppliers, and licensors, and each of their respective officers, directors, employees and agents, including all third parties mentioned on, or included in, the Service, from and against any and all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any provision of these Terms and Conditions; (b) your use of the Software; (c) your violation, alleged violation or misappropriation of any intellectual property right; or (d) any content submissions, including Contributions, made through the Service by you or anyone using your registered account.
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BELL MEDIA DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BELL MEDIA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BELL MEDIA HAS BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(b) APPLICABLE ONLY TO RESIDENTS OF QUEBEC: EXCEPT FOR DAMAGES RESULTING FROM BELL MEDIA’S OWN ACTS, BELL MEDIA WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(c) You expressly acknowledge that we make the Service, Software and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, 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 these Terms and Conditions.
SUBMISSION OF CONTRIBUTIONS
In regard to any comments, information, videos, photographs, ideas, concepts, reviews, or techniques or any other material contained in any communication that you may post, upload or submit to us (“Contributions”), should any such features be made available to you, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such Contributions in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all “moral rights” in any such Contributions posted, uploaded or submitted by you. You also confirm to us that: (a) the Contributions are wholly original to you; (b) no one else has any rights in the Contributions; (c) the Contributions do not contain confidential or proprietary information; and (d) we are free to implement the Contributions, if we so desire, as provided by you or as modified by us, without obtaining further permission from you or permission or a license from any third party, and without any additional consideration of any kind.
Bell Media is not obligated to and does not regularly review, pre-screen, monitor, delete, or edit Contributions (if any). However, Bell Media reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any Contributions, in whole or in part, with or without notice. Bell Media is not responsible or liable for damages of any kind arising from any Contributions even when Bell Media is advised of the possibility of such damages, or from Bell Media’s alteration or deletion of any Contributions.
INVESTIGATIONS AND VIOLATIONS
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE AND HOLD HARMLESS BELL MEDIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BELL MEDIA DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BELL MEDIA OR LAW ENFORCEMENT AUTHORITIES.
GOVERNING LAW AND JURISDICTION
The Service is controlled, operated and administered by us from our facilities within Canada. We make no representation or warranty that the Service is appropriate or available for use at any locations outside Canada.
If you are not a resident of Quebec, 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. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
If you are a resident of Quebec, these Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue.
www.ctv.ca as well as within the Service registration and subscription process), and the Technical Requirements and Content Security Requirements of the CTV FAQ (available on our website at
www.ctv.ca/support) constitute the entire agreement between you and us relating to the access and use of the Service, the Software, and the Content, and shall not be modified except by us. You and we have requested that these Terms and Conditions and all correspondence and all documentation relating to these Terms and Conditions be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.
This Section 35 does not apply to individuals who reside in Quebec, Ontario, or Saskatchewan.
Subject to applicable laws, any controversy or claim arising out of or relating to the Service or these Terms and Conditions, or any alleged breach hereof, shall be settled at the request of either party by binding arbitration in the city in which you reside pursuant to the current laws relating to commercial arbitration in the province or territory in which you reside. One arbitrator specializing in the resolution of commercial disputes shall hear the arbitration and determine a final and binding resolution of the dispute. In the event the parties cannot agree to the appointment of a single arbitrator, the request for such appointment shall be referred to court and such appointment shall be decided by a Master or Judge, as applicable. The prevailing party shall be entitled to out-of-pocket reasonable costs and expenses incurred by such party, including reasonable lawyers’ fees. You expressly waive the right to resolve any dispute through any other means, including by trial. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to grant pre-arbitral injunction or other temporary or interim relief.
If you have comments or questions about the Service, please send us an email at email@example.com or go to www.ctv.ca/contact or mail us at Bell Media Inc., 299 Queen Street West, Toronto, Ontario M5V 2Z5, Attention: Bell Media Communications.