End User Licence Agreement for the use of CPAC TV 2 GO

This agreement is a legal agreement between the person, company or organization (“You”) that wishes to use CPAC TV 2 GO (the “App”) and Cable Public Affairs Channel Inc./La Chaîne d’affaires publiques par câble inc. (“CPAC”). The Product is to be obtained only through Apple’s software distribution platform (“AppStore”), through Google’s software distribution platform (“Google Play Store”), or through other platforms and services explicitly authorized by CPAC (the “Services”). By installing and/or using the Product, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.

 

The Productis licensed, not sold, to You for use only under the terms of this licence. CPAC reserves all rights not expressly granted to You. The Product is to be used on devices (“Devices”) that operate with devices that are authorized to use the applicable Systems by the Systems operators. The App Store Terms and Conditions, the Google Play Terms of Service and any similar terms of service relating to the Services on which the App is available are referenced in this licence as “Usage Rules”.

 

a. Scope of Licence: This licence granted to You for the App by CPAC is limited to a non-transferable licence to use the App on any Devices that You own or control and as permitted by the Usage Rules. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of CPAC and licensor’s. If You breach this restriction, You may be subject to prosecution and damages. The terms of the licence will govern any upgrades provided by CPAC that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.

 

b. Consent to Use of Data: You agree that CPAC may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the App. CPAC may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.  In addition, we may collect and use your e-mail address as part of your registration information to use the App and to communicate with you regarding the App.  You are encouraged to use a pseudonym as your public username for the App, if applicable.  If You have questions about the use of this information, please address your concerns in writing by email to businessaffairs@cpac.ca or by mail to CPAC, P.O. Box 81099, Ottawa, ON, K1P 1B1.

 

c. Termination. The licence is effective until terminated by You or CPAC. Your rights under this licence will terminate automatically without notice from CPAC if You fail to comply with any term(s) of this licence. Upon termination of the licence, You shall cease all use of the App, and destroy all copies, full or partial, of the App.

 

d. Services; Third Party Materials. The App may enable access to CPAC’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept any additional terms of service applicable to the Services.  CPAC is not responsible for and has no liability to you in connection with Services provided by persons other than CPAC.  To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. CPAC may change, suspend, remove, or disable access to any Services at any time without notice. In no event will CPAC be liable for the removal of or disabling of access to any such Services. CPAC may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

e. Use of Content All materials displayed or otherwise accessible through the App, including, without limitation, audio-video feeds, video clips, audio clips, text, photographs, images, illustrations, computer software and code, trade-marks, trade names and logos, and the App presentation itself as a compilation (collectively, the “Content”) is protected under Canadian and foreign copyright or other laws, and is owned by CPAC, its licensors or others who may or may not be accredited as the provider of the Content. You are granted by CPAC a limited non-exclusive, non-transferable licence to use and display the Content on your Devices solely for your own personal and non-commercial use, provided that: (i) you do not modify the Content; (ii) you maintain all copyright and other proprietary notices; and (iii) you abide by all additional copyright notices, information and restrictions on or contained in any of the Content.Any other use of the App or the Content is not permitted without CPAC’s prior written consent. The App’s functionality will allow You to make use of the Content as a part of your own account on certain social media applications authorized through the App.  You agree that, except as may be permitted using the functionality of the App through your own social media accounts, you will not reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available, or authorize others to do so, the App or any of the Content, including without limitation, by caching, framing or similar means without CPAC’s prior written consent.

 

f.  The App may permit you and other users to post, transmit or submit messages, opinions or other content (collectively “Messages”) and to interact with CPAC and other users. CPAC accepts no responsibility whatsoever in connection with, or arising from, such Messages.Messages reflect your opinion, or the opinion of other persons submitting the Messages, and are not the opinion of CPAC. CPAC does not necessarily exercise control over the content of the Messages and does not assume responsibility for the content of the Messages. However, CPAC reserves the right to review, delete and edit or not post the Messages, or any of them, in its sole discretion, although in exercising any such right CPAC does not assume responsibility for the content of the Messages and does not assume responsibility to actively monitor Messages. CPAC’s review of the Messages will, in general, be based on CPAC’s assessment of the character of the Messages and whether Messages are or could be considered derogatory or libelous, or otherwise inconsistent with the forum in which the Messages may appear. CPAC strives to maintain a high standard of civil discourse.In submitting Messages, you agree to limit yourself to discussions about the subject matter to which the Messages relate in connection with the App. You agree that CPAC will have no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits or removes your Messages. You also agree to permit any other user of the App to access, view, store or reproduce your Messages for that other user’s personal use and not to restrict or inhibit the use of the App by any other person.While using the App, you will comply with all applicable laws, rules, and regulations. In addition, CPAC expects the users of the App to respect the rights and dignity of others, to strive to maintain a high level of civil discourse, and to observe rules of netiquette. Without limiting the foregoing, you agree that you will not: (i) restrict or inhibit any other user from using and enjoying the App or interfere with the proper workings of the App; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind; (iii) post or transmit any Message that violates or infringes the rights of others (including without limitation privacy rights and copyright); (iv) post or transmit any Message that is discriminatory or harassing or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (v) post or submit any Message that solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any virus or other harmful computer data, program or information, junk mail, chain letters, unsolicited mass mailing or spam; or (vii) use the App for commercial purposes, such as advertising.You agree that any Messages whatsoever submitted by you are licensed to CPAC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as CPAC determines, in its sole discretion. You waive any moral rights in and to the Messages. CPAC may determine to bar any user from submitting Messages if, in CPAC’s sole opinion, such user has violated these terms of use or is otherwise disruptive to the decorum of the App.

 

g. Trademarks CPAC, the CPAC logo, designs and catch phrases used in connection with the App and the Content are official marks or trade-marks of CPAC. Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the website may constitute registered or unregistered trade-marks of third parties. While certain trade-marks of third parties may be used by CPAC, the display of third-party trade-marks on the website should not be taken to imply any relationship or licence between CPAC and the owner of such trade-mark or to imply that CPAC endorses the wares, services or business of the owner of such trade-mark. Nothing contained in the App or the Content should be construed as granting you any licence or right to use any trade-mark, logo, design or catch phrase of CPAC or any third party, without the written permission of CPAC or the respective owner of any third-party trade-mark.

 

h. No Warranty: You expressly acknowledge and agree that use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the App (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and CPAC hereby disclaims all warranties and conditions with respect to the App and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. CPAC does not warrant against interference with your enjoyment of the App, that the functions contained in, or services performed or provided by, the App will meet your requirements, that the operation of the App or services will be uninterrupted or error-free, or that effects in the App or services will be corrected. No oral or written information or advice given by CPAC or its authorized representative shall create a warranty. Should the App or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

 

i. Limitation of Liability. To the extent not prohibited by law, in no event shall CPAC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if CPAC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.

 

In no event shall CPAC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

j. You may not use or otherwise export or re-export the App except as authorized by the laws of Canada or the jurisdiction in which the App was obtained. By using the App, you represent and warrant that you are not located in any country that is subject to export controls under the laws of Canada.

 

k. The laws of the province of Ontario, and the laws of Canada applicable therein, excluding its conflicts of law rules, govern this licence and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.