MTV Networks Canada, ULC, a division of Viacom International Inc. (“Viacom”) is pleased to provide to you its sites, software, applications, content, products and services, as well as related updates and upgrades, manuals, online materials, files, and documentation of any kind (collectively, the “Services”). These terms govern your use and our provision of the Services on which these terms are posted, as well as Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Services.
The Services may include functionality that requires them to perform certain communications over the Internet as part of its normal operation. The communications features are automatic and are enabled by default. By installing and/or using the Services, you consent to the Services’ communications features. If you do not maintain a connection to the internet, certain features and functions of the Services may not work, or may not work properly.
To the extent that portions of the Services provide users an opportunity to upload, post, and/or exchange information, photographs, ideas, and/or opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Viacom. In no event shall Viacom assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance in or as a part of the Services or the social media platform/provider (as applicable).
You hereby represent and warrant that (i) you have all rights to the contents of the Postings and all components thereof, and that you have obtained all rights, consents and permission, and hereby grants all such rights, consents, and permission, including but not limited from all persons participating/appearing recognizably in any Posting, necessary to grant the rights granted herein; (ii) the Postings do not and will not violate any law, statute, ordinance or regulation; (iii) you hereby waive all moral rights in and to the Postings with respect to our use of the Postings in the manner authorized herein; (iv) the Postings are free and clear of any liens or claims with respect to the use of the Postings in the manner authorized herein and it will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) the Postings are not and will not be defamatory, trade libelous, pornographic, obscene, or otherwise be in violation of this Agreement. Viacom may sweep its chatrooms and/or message boards periodically in its sole discretion.
Viacom does not allow Postings which contain:
You may use this Service only for lawful, non-commercial purposes. You may not submit or transmit through this Service (whether via message boards, comments or otherwise) any material, or otherwise engage in any conduct, that:
All Services software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Services, and the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the “Material”) are the property of Viacom and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted in this Service or in connection with any particular Material, Viacom hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Service, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Service or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Viacom or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Viacom. Use of Viacom’s and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
This official copyright compliance policy (“Copyright Compliance Policy“) for the Services sets forth the procedures undertaken by Viacom to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the parent companies or any subsidiaries and affiliates of Viacom and its parent companies (collectively, “Affiliates“), or any other company, unless specifically stated.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over our Services and to promptly end any infringement that might occur.
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our Services infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent to:
1515 Broadway, 45th Floor, New York, NY 10036
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address or other contact information provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above. Your counternotice must be a written communication sent and must include substantially the following information:
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
Sole Statement: This section is the sole statement of the Copyright Compliance Policy with respect to the applicable Services, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
The Services may include third party DRMs which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Services. DRMs may be able to revoke your ability to use applicable content. Viacom is not responsible for the operation of the DRM in any way, including revocation of your content. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless Viacom for any claim relating to your use of a third party DRM.
Viacom may offer certain e-commerce services including the ability to purchase goods and services through the Service via third party providers (e.g. Facebook, the Apple App Store, Google Play, Walmart.ca) (each an “E-Commerce Service” and collectively the “E-Commerce Services”). All purchases made through these third party E-Commerce Services are subject to their respective terms and conditions of use, and such additional terms and conditions are incorporated herein by reference.
Viacom is not responsible and has no liability whatsoever for goods or services you obtain the E-Commerce Services or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Viacom does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through an E-Commerce Service or other third party service provider, even if the goods or services were shown on a Service web page. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider.
Viacom does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Service do not imply our or any of our affiliates’ endorsement of such products. Viacom and the E-Commerce Services reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Viacom shall 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 third party service providers and advertisers on this Service.
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Viacom, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Viacom does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Viacom is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Viacom nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Viacom will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.
THIS SERVICE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VIACOM DOES NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIACOM IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SERVICE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SERVICE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIACOM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SERVICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SERVICE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VIACOM OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VIACOM’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
You agree to indemnify, defend and hold harmless, Viacom, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Service from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Viacom reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Viacom in asserting any available defenses.
The Services may not be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
By using this Service, you agree that we may provide to you required notices, agreements and other information concerning the Service electronically by posting on the home page of this Service or on the relevant web page.
This Service is intended exclusively for residents of Canada (excluding Quebec). We make no representation that content on this Service is appropriate or available for use in locations outside of Canada (excluding Quebec). If you choose to access this Service from a location outside of Canada (excluding Quebec), you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is Viacom responsible for ensuring that the Service is in compliance with the local laws of jurisdictions outside of Canada (excluding Quebec). No software from this Service may be downloaded, exported or re-exported in violation of any law including.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the Services, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto shall be governed by and construed in accordance with the laws of the State of New York without giving effect to the principles thereof relating to conflicts of law. Any legal proceeding of any nature brought by either party against the other party to enforce any right or obligation under this Agreement shall be submitted for trial before any court of competent jurisdiction in the County of New York, State of New York. Each of the parties hereto (i) irrevocably consents to personal jurisdiction by any such court and (ii) submits to the venue and jurisdiction of any such court and agrees to accept service of process outside the State of New York in any matter to be submitted to any such court pursuant hereto. Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that New York is an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST VIACOM AND ITS AFFILIATES.
This Agreement is personal to you, and may not be assigned without Viacom’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If Viacom does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, Viacom may terminate this Agreement on thirty (30) days’ written notice. Both parties shall perform under this Agreement until such termination is effective.
MTV Canada, ULC is a member of the Viacom family of companies.
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