TERMS OF SERVICE
This APTN lumi Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between Aboriginal Peoples Television Network Incorporated ("APTN," "we," "us," or "our") and you, our customer ("you" or "your"). APTN provides live streaming services through our owned-and-operated websites, applications, and embeddable video players and mobile app to devices that are connected through the Internet (collectively, the "Services"). This Agreement governs your use of our Services.
By creating an account, viewing videos, making a purchase, downloading our software, sending email or text messages to us, or otherwise visiting or using our Services, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text messages or by posting notices on, or through, the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
2. Our Products and Services
Right to Access: Subject to the terms hereof, we grant you a limited, non-exclusive, non-transferable right to access our Services and the content displayed or accessed by, through or in the Services (the "Content"). This includes the right to watch videos that you have the right to view and to use all related functionality that we may provide. No other right or interest is granted to you.
The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core streaming features of your plan during your current paid-up service period.
Registration: You may create an account to use certain features we offer. To do so, you must provide an email address and other requested information. You consent to receive notices from APTN at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be the age of majority in the Canadian province or territory in which you reside in order to subscribe to the Services. In cases where you have allowed a minor to use the Services, 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 Services; and (c) the consequences of any use or misuse of the Services by the minor. You acknowledge that Content displayed or accessed through the Services 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 through your registered account, such as parental controls. However, you remain responsible for the use of the Services by the minor as described in this Section 3, 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.
Team Members: Certain subscription plans may allow you to grant other registered users access to the account. Both you and each team member are deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
Plan Types: We offer free memberships and paid subscriptions of our streaming services. Advertised prices and features may change.
Fees: You must pay all fees (plus any applicable taxes) during your subscription period and any renewal periods. If any applicable fees change, such change will take effect on the next regularly scheduled billing period, for your subscription.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period or discount period ends, you must upgrade to a paid plan in order to continue using our Service. We reserve the right to determine your eligibility for, and the length of, your free trial or discounted subscription, in our sole discretion.
Refund Policy: All subscription fees are non-refundable. We will not provide refunds or credits for any partial subscription periods or unwatched programming. If you cancel your subscription, you will not be refunded or credited any portion of your last paid subscription fee, however, you will be able to access your plan to the end of your subscription period.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods (subject to adjustment in the case of any month that has more or less than 30 days). You must pay the monthly fee (plus any applicable taxes) when each renewal period starts.
Cancellation: You can cancel your subscription anytime by visiting your profile under “Plans”. No refund will be issued for any time remaining in your current subscription period. However, you will be able to access your plan to the end of your subscription period.
5. Acceptable Use Policy
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms of Service when using the Services.
You acknowledge and agree that you may not:
Use the Services 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 Services and you may not use the Services to attract others to buy goods or services from you or anyone else or to attract anyone to attend any premises;
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 Services or Content. For greater certainty, and without limiting the generality of the foregoing, you may not view the Services 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;
Use the Services to share or distribute any Content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming or any similar processes, except directly in connection with your own personal, non-commercial use of the Services for entertainment purposes;
Use the Services 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);
Interfere or attempt to interfere with the operation of the Services, the Content, or the servers or networks connected to the Services, including through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges ("hacking"), or attempting to "crash" a host;
Circumvent, remove, alter, deactivate, or degrade any of the Content protections in the Services. Without limiting the generality of the foregoing, you will not:
Copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Content;
Copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Services, 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 Services;
Use or attempt to use the Services in a manner to avoid incurring charges for usage;
Use any data mining, robots, or similar data gathering and extraction tools on the Services, the Content or on any portion thereof, or frame any portion of the Services or Content, it being agreed that should we become aware that your device has been jailbroken or rooted or has undergone any other similar process you will not be permitted to access the Services on your device;
Use the Services 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';
Use the Services 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 offense or give rise to civil liability, or otherwise use the Services in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet;
Use the Services to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; or
Use the Services to invade another person's privacy, or to collect or store personal data about other users.
5.1 Mature Content
The Content 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 Services and the Content is at your sole risk, and that we have no liability to you or anyone who uses or views the Services, whether through your account or otherwise, for the type of Content accessed.
5.2 Prohibited Technical Measures
You will not scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures. You will not submit any malicious program, script, or code. You will not submit an unreasonable number of requests to our servers. You will not take any other actions to manipulate, interfere with, or damage our Services.
6. Legal Obligations
6.1 Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES, THE CONTENT, ANY PARENTAL CONTROLS, OUR SOFTWARE, INFORMATION, AND ALL MATERIALS ON THE SERVICES 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, OUR SOFTWARE, OR THE SERVICES.
Among other things, APTN makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
That any particular Content will be available either now or in the future;
Concerning any content submitted by our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device;
Regarding any data charges you may incur, which shall be your sole responsibility; or
Concerning any third-party websites and resources, including as to the availability and connectivity of the Internet and any of your devices, both of which you must provide, with the Services. You are responsible for obtaining and maintaining the equipment and services needed to access the Services, all at your own cost. We shall not have and do not assume any responsibility for the condition, repair or quality of such equipment and services, nor are we responsible for the quality or display of the Content, because of factors that are related to such equipment and services, or the Internet, generally.
NEITHER APTN NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER APTN NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICES, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
You will indemnify, defend, and hold harmless APTN and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement. 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.
6.3 Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL APTN NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT AVAILABLE THROUGH THE SERVICES, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH HARM OR LOSSES. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO CIRCUMSTANCES SHALL APTN'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO APTN OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (CAD $100), WHICHEVER IS GREATER.
You expressly acknowledge that we make the Services and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms of Service, 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 of Service.
6.4 Investigations and Violations
BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS APTN AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APTN DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APTN OR LAW ENFORCEMENT AUTHORITIES.
6.5 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 Services are appropriate or available for use at any locations outside Canada.
These Terms of Service shall be interpreted, construed and governed by the laws in force in the Province of Manitoba, Canada, without reference to conflict of laws principles. Subject to Section 6.6, you hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Manitoba. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time. AS PERMITTED BY APPLICABLE LAWS, YOU AND WE WAIVE OUR RIGHT TO BRING A CLAIM, OR OTHERWISE BE A PLAINTIFF OR CLASS MEMBER, IN ANY CLASS OR REPRESENTIVE PROCEEDING.
6.6 Binding Arbitration
In the event that at any time during the currency of this Agreement, a dispute, difference, or question arises between you and APTN, touching matters not specifically provided for in this Agreement, or where in this Agreement any reference is made to arbitration, or any dispute, difference, or question arises touching the construction, meaning, or effect of this Agreement, or anything herein contained, or the rights or liabilities of the parties under this Agreement, then every such dispute, difference, or question will be referred by written request of either party to the dispute to a single arbitrator agreed upon between the parties to the dispute. If within ten (10) days of any such written request by any party for arbitration, the parties to the dispute have not agreed upon a single arbitrator, then thereafter any party to the said dispute will have the right to apply to a judge in chambers of the Court of Queen’s Bench for Manitoba, Winnipeg Division, for the appointment of a single arbitrator for the resolution of the dispute, and the arbitrator so appointed will be the single arbitrator for the purpose of resolution of such dispute.
In all respects, The Arbitration Act (Manitoba) and any amendments thereto will govern such arbitration proceedings and such arbitrator will be entitled to determine the matter or matters in dispute and/or fix and apportion the liabilities between the parties to the dispute and make such awards as to reinstatement, costs, compensation, damages, and other such awards of the arbitration as the arbitrator deems appropriate and proper in the circumstances and the award or determination which will be made by the single arbitrator will be absolutely final and binding upon all the parties to the dispute and their respective successors and permitted assigns.
6.7 General Provisions
Assignment: These Terms of Service are personal to you, and you may not assign your rights or obligations to anyone. Without limiting the generality of the foregoing, you may not assign this Agreement to any person whose account has been terminated by APTN or who is prohibited from registering; any such assignment will be void. We may, without prior notice to you and without your consent, assign these Terms of Service and upon such assignment the assignee shall assume all of our rights and obligations under these Terms of Service and we shall be released. Subject thereto, this Agreement will enure to the benefit of and be binding on the parties and their respective permitted successors, assigns, legal representatives and heirs (as the case may be).
No Waiver: Our failure to insist upon or enforce strict performance of any right or provision of these Terms of Service shall not constitute or be construed as a waiver of any right or provision. No waiver of any breach of any provision of these Terms of Service by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, unless it is signed by our duly authorized representative, and then will only be effective in the specific instance and for the purpose for which it was given. APTN reserves all rights not expressly granted herein. APTN's rights and remedies are cumulative.
Severability: If a court of competent jurisdiction finds that any provision of the Agreement is invalid, illegal or unenforceable, the finding will not affect or impair the legality or unenforceability of the remaining provisions of the Agreement.
English Language: You and we have requested that these Terms of Service and all correspondence and all documentation relating to these Terms of Service be written in the English language. Les Parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
Force Majeure: In no event will APTN be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement), when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including: acts of God; flood, fire, earthquake, tsunami or explosion; war, terrorism, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; national or regional emergency; strikes, labour stoppages or slowdowns or other industrial disturbances; or national or regional shortage of adequate power or transportation facilities.
Third Parties: We may provide links to and integrations with websites operated by others. The third party website operator or service provide, not APTN, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Modification: We reserve the right in our sole discretion to revise and update these Terms of Service from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review these Terms of Service in order to be aware of any such modifications and your continued use of the Services after such modifications shall constitute your acceptance of them.
The information and material on the Services (including, but not limited to, the Content), and the functionality of the Services, may be changed, withdrawn or terminated at any time in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.
We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Services will be unavailable to you, due to maintenance.
Survival: Any provision of this Agreement that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay fees incurred before termination, will survive the termination of this Agreement. Without limiting the generality of the foregoing, all terms and conditions under Section 7 and this Section 6 of this Agreement, shall survive the termination of this Agreement whether the termination is initiated by us or by you, on a with or without cause basis, or by mutual agreement, or whether the termination is lawful or unlawful.
Trade-marks: Certain words, phrases, names, designs or logos on the Services, including our logo, may constitute trade-marks, service marks, or trade names of APTN or others. The display of such marks on the Services does not imply that you have been granted a license by us or other entities with respect to them.
7. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Services or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to free memberships, APTN may terminate this Agreement at any time by providing thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, APTN may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If APTN deletes your account for breach, you may not re-register.
Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: