TERMS OF SERVICE
This APTN lumi Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between the Aboriginal Peoples Television Network ("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 (collectively, the "Services"). This Agreement governs your use of our Services.
By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
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.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Products and Services
Service License: Subject to the terms here of, we grant you access to our Services. This includes the right to watch videos that you have the right to view and use all related functionality that we may provide.
The features available to you will depend on your plan. We may change features from time to time.
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 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 through your registered account, 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.
Team Members: Certain subscription plans may allow you to grant other registered users access to the account. Both you and each team member is 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. Membership Plan Use
You acknowledge and agree that you may not:
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;
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;
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;
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);
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;
Circumvent, remove, alter, deactivate, or degrade any of the Content protections in the Service;
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;
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;
Use or attempt to use the Service in a manner to avoid incurring charges for usage;
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;
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';
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;
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
Use the Service to invade another person's privacy, or to collect or store personal data about other users.
5.1 Mature Content
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.
5.3 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 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 will indemnify, defend, and hold harmless APTN and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (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.
(a) your breach of any provision of these Terms of Service; or
(b) your violation, alleged violation or misuse of the Services
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 FOR DAMAGES RESULTING FROM APTN’S OWN ACTS, APTN 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.
You expressly acknowledge that we make the Service 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 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 Service is 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 its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Manitoba and to waive any objections based upon venue.
6.6 General Provisions
6.7 Binding Arbitration
Subject to applicable laws, any controversy or claim arising out of or relating to the Service or these Terms of Service, 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.
7. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service 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.
In the event of any termination or expiration, the following sections will survive: Section 7.1 (Indemnification), Section 8 (Disclaimers), Section 9 (Limitation of Liability), and Section 11 (General Provisions).
APTN PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, APTN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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;
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; or
Concerning any third-party websites and resources.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) APTN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) APTN'S TOTAL LIABILITY TO YOU, EXCEPT FOR APTN'S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO APTN OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
10. General Provisions
Choice of Law: This Agreement will be governed by the laws of the Province of Manitoba.
Reservation of Rights, Severability, Force Majeure: APTN reserves all rights not expressly granted herein. APTN's rights and remedies are cumulative. No failure or delay by APTN in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. APTN will not be liable for any delay or failure caused by a force majeure event.
Relationship: This Agreement binds the parties and their successors, personal representatives, and assigns. 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.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, 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.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of APTN.