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Terms and Conditions of Use

End User License Agreement

(Amended November 11, 2015)

 

BY VIEWING AND/OR USING ANY SERVICE AND/OR APPLICATIONS (COLLECTIVELY, "SERVICE") PROVIDED TO YOU BY OR ON BEHALF OF ETV ON-DEMAND , INC. AND ITS AFFILIATED ENTITIES ("ETV ON-DEMAND") IN CONNECTION WITH YOUR USE OF THE ETV ON-DEMAND SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SERVICE.

  1. General

This License Agreement contains details on your limited right and license to use the Service solely in connection with your use of the ETV ON-DEMAND service. This License Agreement is between you and ETV ON-DEMAND and not any other party.

The Service contains material that is protected by copyright and other applicable intellectual property laws in Canada, the U.S. and other territories and by international treaty provisions. The Service is licensed, not sold or given, to you by ETV ON-DEMAND for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to ETV ON-DEMAND and to any third party with ownership rights in Service and documentation used in the Service. You may not remove any proprietary notice of ETV ON-DEMAND or any other party from any copy of the Service or documentation.

The rights granted under the terms of this License Agreement include any Service upgrades that replace and/or supplement the original Service.

ETV ON-DEMAND reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Service after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.

  1. Permitted Use/Restrictions

    • 2.1

Grant of Limited License. ETV ON-DEMAND grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the ETV ON-DEMAND ready device with which you are accessing the ETV ON-DEMAND service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Service, in object code form only, provided to you by or on behalf of ETV ON-DEMAND in connection with your use of the ETV ON-DEMAND service.

  • 2.3

The Service is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

  • 2.4

As a condition of the limited license for the Service granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:

  1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Service or any part thereof;
  2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Service to human readable form;
  3. attempt to create the source code from the object code of the Service;
  4. transmit or make the Service available over a network where it could be used by multiple computers or ETV ON-DEMAND ready devices at the same time;
  5. make any third-party Service contained in the Service a standalone product;
  6. take any action that will infringe on the intellectual property or other proprietary rights of ETV ON-DEMAND or any third party Service provider;
  7. sublicense or assign the Service;
  8. view any movies & TV shows provided by ETV ON-DEMAND or its suppliers anywhere other than within the country or location authorized by ETV ON-DEMAND ("Territory"); and
  9. instantly watch movies & TV shows outside of the Territory, and ETV ON-DEMAND may use technologies to verify your compliance.
  10. establish more than (1) connection to the service per viewing session.
  11. Use IP blocking services such as but not limited to; hosting provider network, proxy server, or VPN server.
  12. Use any aggression or abusive behaviour directed towards ETVPLUS, ETV-PLUS or ETVPLUS On-Demand staff and or members. Aggressive or abusive behavior includes language, whether verbal or written, including but not limited to; threats, personal abuse, derogatory remarks and rudeness. We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behavior.

 

  1. 2.5

If you "uninstall" the Service, you will no longer be able to use the Service to view movies & TV shows on that ETV ON-DEMAND ready device.

  • 2.6

No ownership rights. You have no ownership rights in any Service. Rather, you have a limited license to use the Service as long as this License Agreement remains in effect. Ownership of the Service and all intellectual property rights therein shall remain at all times with ETV ON-DEMAND and/or its licensors. Any other use of the Service by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.

  1. Third Party Content/Third Party Service

    • 3.1

Content. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this License Agreement does not grant you the right to reverse engineer, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

  • 3.2

Service. There are Service programs contained within the Service that have been licensed to ETV ON-DEMAND by third parties. The term "Service" as used herein shall refer to such third party Service except where the term Service refers expressly to the ownership or other specific rights of ETV ON-DEMAND. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party Service program contained in the Service. Certain Service programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.

  1. Upgrading the Service

ETV ON-DEMAND may issue you an upgraded version of the Service automatically upon an instance of your use of the Service or the ETV ON-DEMAND service or otherwise in connection with your use of the ETV ON-DEMAND ready device. Alternatively, ETV ON-DEMAND may require you to consent to an upgrade to the Service ("Service Upgrades") before using, installing or accessing the Service. If you decline the Service Upgrades, you may not be able to use or access the Service or the ETV ON-DEMAND service.

  1. Termination

This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by ETV ON-DEMAND at any time without notice. Further, this License Agreement will terminate if ETV ON-DEMAND finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by ETV ON-DEMAND shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of ETV ON-DEMAND. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

Your ability to use the ETV ON-DEMAND service is subject to your system compatibility with our Service as such requirements may change from time to time. Compatibility of system requirements with the Service is your responsibility.

Upon the termination of this License Agreement, you shall cease all use of the Service and ETV ON-DEMAND service and destroy all copies, full or partial, of the Service that you may have viewed hereunder.

  1. Disclaimer of Warranties and Limitations on Liability

The Service is provided "AS IS." The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Service and the use of the Service. We do not warrant that defects in the Service will be corrected.

  1. Notices.

Content owners use Microsoft PlayReady™ and Streamlock secured content access technology to protect their intellectual property, including copyrighted content. ETV ON-DEMAND use PlayReady and Streamlock secured technology to access PlayReady-protected and and Streamlock secured content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady or and Streamlock secured to access their content. If you decline a PlayReady or Streamlock secured upgrade, you will not be able to access content that requires the upgrade.

Action taken in connection with the above may affect your ability to use the ETV ON-DEMAND service and/or view and access the media material.

  • 10.3

ETV ON-DEMAND Copyright Notice

© 2011 ETV ON-DEMAND, Inc. All content herein is protected by copyright and other applicable intellectual property laws in the Canada, U.S. and other territories and may not be modified, copied or used in any manner without the express permission of ETV ON-DEMAND, Inc., which reserves all rights. Reuse of any of this content for any purpose without the permission of ETV ON-DEMAND, Inc. is strictly prohibited.

  • 10.5

Dolby Laboratories

This product contains technology manufactured under license from Dolby. "Dolby" is a trademark of Dolby Laboratories.

  • 10.6

Microsoft - General

This product contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of this product is prohibited without the appropriate license(s) from Microsoft.

  1. ETV ON-DEMAND contact information

Any questions, complaints or claims regarding the Service shall be directed to Customer Service.

End User License Agreement

(Amended November 1, 2015)

 

BY VIEWING AND/OR USING ANY SERVICE AND/OR APPLICATIONS (COLLECTIVELY, "SERVICE") PROVIDED TO YOU BY OR ON BEHALF OF ETV ON-DEMAND , INC. AND ITS AFFILIATED ENTITIES ("ETV ON-DEMAND") IN CONNECTION WITH YOUR USE OF THE ETV ON-DEMAND SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SERVICE.

  1. General

This License Agreement contains details on your limited right and license to use the Service solely in connection with your use of the ETV ON-DEMAND service. This License Agreement is between you and ETV ON-DEMAND and not any other party.

The Service contains material that is protected by copyright and other applicable intellectual property laws in Canada, the U.S. and other territories and by international treaty provisions. The Service is licensed, not sold or given, to you by ETV ON-DEMAND for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to ETV ON-DEMAND and to any third party with ownership rights in Service and documentation used in the Service. You may not remove any proprietary notice of ETV ON-DEMAND or any other party from any copy of the Service or documentation.

The rights granted under the terms of this License Agreement include any Service upgrades that replace and/or supplement the original Service.

ETV ON-DEMAND reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Service after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.

  1. Permitted Use/Restrictions

    • 2.1

Grant of Limited License. ETV ON-DEMAND grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the ETV ON-DEMAND ready device with which you are accessing the ETV ON-DEMAND service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Service, in object code form only, provided to you by or on behalf of ETV ON-DEMAND in connection with your use of the ETV ON-DEMAND service.

  • 2.3

The Service is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

  • 2.4

As a condition of the limited license for the Service granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:

  1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Service or any part thereof;
  2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Service to human readable form;
  3. attempt to create the source code from the object code of the Service;
  4. transmit or make the Service available over a network where it could be used by multiple computers or ETV ON-DEMAND ready devices at the same time;
  5. make any third-party Service contained in the Service a standalone product;
  6. take any action that will infringe on the intellectual property or other proprietary rights of ETV ON-DEMAND or any third party Service provider;
  7. sublicense or assign the Service;
  8. view any movies & TV shows provided by ETV ON-DEMAND or its suppliers anywhere other than within the country or location authorized by ETV ON-DEMAND ("Territory"); and
  9. instantly watch movies & TV shows outside of the Territory, and ETV ON-DEMAND may use technologies to verify your compliance.
  10. establish more than (1) connection to the service per session.
  1. 2.5

If you "uninstall" the Service, you will no longer be able to use the Service to view movies & TV shows on that ETV ON-DEMAND ready device.

  • 2.6

No ownership rights. You have no ownership rights in any Service. Rather, you have a limited license to use the Service as long as this License Agreement remains in effect. Ownership of the Service and all intellectual property rights therein shall remain at all times with ETV ON-DEMAND and/or its licensors. Any other use of the Service by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.

  1. Third Party Content/Third Party Service

    • 3.1

Content. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this License Agreement does not grant you the right to reverse engineer, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

  • 3.2

Service. There are Service programs contained within the Service that have been licensed to ETV ON-DEMAND by third parties. The term "Service" as used herein shall refer to such third party Service except where the term Service refers expressly to the ownership or other specific rights of ETV ON-DEMAND. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party Service program contained in the Service. Certain Service programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.

  1. Upgrading the Service

ETV ON-DEMAND may issue you an upgraded version of the Service automatically upon an instance of your use of the Service or the ETV ON-DEMAND service or otherwise in connection with your use of the ETV ON-DEMAND ready device. Alternatively, ETV ON-DEMAND may require you to consent to an upgrade to the Service ("Service Upgrades") before using, installing or accessing the Service. If you decline the Service Upgrades, you may not be able to use or access the Service or the ETV ON-DEMAND service.

  1. Termination

This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by ETV ON-DEMAND at any time without notice. Further, this License Agreement will terminate if ETV ON-DEMAND finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by ETV ON-DEMAND shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of ETV ON-DEMAND. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

Your ability to use the ETV ON-DEMAND service is subject to your system compatibility with our Service as such requirements may change from time to time. Compatibility of system requirements with the Service is your responsibility.

Upon the termination of this License Agreement, you shall cease all use of the Service and ETV ON-DEMAND service and destroy all copies, full or partial, of the Service that you may have viewed hereunder.

  1. Disclaimer of Warranties and Limitations on Liability

The Service is provided "AS IS." The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Service and the use of the Service. We do not warrant that defects in the Service will be corrected.

  1. Notices.

Content owners use Microsoft PlayReady™ and Streamlock secured content access technology to protect their intellectual property, including copyrighted content. ETV ON-DEMAND use PlayReady and Streamlock secured technology to access PlayReady-protected and and Streamlock secured content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady or and Streamlock secured to access their content. If you decline a PlayReady or Streamlock secured upgrade, you will not be able to access content that requires the upgrade.

Action taken in connection with the above may affect your ability to use the ETV ON-DEMAND service and/or view and access the media material.

  • 10.3

ETV ON-DEMAND Copyright Notice

© 2011 ETV ON-DEMAND, Inc. All content herein is protected by copyright and other applicable intellectual property laws in the Canada, U.S. and other territories and may not be modified, copied or used in any manner without the express permission of ETV ON-DEMAND, Inc., which reserves all rights. Reuse of any of this content for any purpose without the permission of ETV ON-DEMAND, Inc. is strictly prohibited.

  • 10.5

Dolby Laboratories

This product contains technology manufactured under license from Dolby. "Dolby" is a trademark of Dolby Laboratories.

  • 10.6

Microsoft - General

This product contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of this product is prohibited without the appropriate license(s) from Microsoft.

  1. ETV ON-DEMAND contact information

Any questions, complaints or claims regarding the Service shall be directed to Customer Service.

 

 

 

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