Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively,
including all Content available through the DirectVuTV.com domain name, the "DirectVuTV
Website", or "Website"), you signify your agreement to (1) these terms and conditions
(the "Terms of Service"), (2)DirectVuTV's privacy notice, found at
http://www.directvutv.com/directvutv/titles/privacy.aspx and incorporated here by reference.
If you do not agree to any of these terms, the DirectVuTV privacy notice, please
do not use the DirectVuTV Website.
B. If you are a registered user, we may attempt to notify
you when major changes are made to these Terms of Service by email. We may also
notify users when first initiating a session on the web site. Notwithstanding the
above, you should periodically review the most up-to-date version at
http://www.directvutv.com/directvutv/titles/terms.aspx). DirectVuTV may, in its sole
discretion, modify or change these Terms of Service and policies at any time, and
you agree to be bound by such modifications or revisions. Nothing in this Agreement
shall be deemed to confer any third-party rights or benefits.
2. DirectVuTV Website
A. These Terms of Service apply to all users of the DirectVuTV
Website. The DirectVuTV Website includes all aspects of DirectVuTV.
B. The DirectVuTV Website contains links to third party
websites that are not owned or controlled by DirectVuTV. DirectVuTV has no control
over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, DirectVuTVcannot censor or edit the content
of any third-party site. By using the Website, you expressly relieve DirectVuTV
from any liability arising from your use of any third-party website.
3. DirectVuTV Accounts
A. In order to access some features of the Website, you
will have to create a DirectVuTV account. It is prohibited to use another's account
without permission. When creating your account, you agree to provide accurate information.
You are solely responsible for the activity that occurs on your account, and it
is recommended that you keep your account name and password secure.
B. Although DirectVuTV is not liable for any losses caused
by any unauthorized use of your account, you may be liable for the losses of DirectVuTV
or others due to such unauthorized use.
4. General Use of the Website -- Permissions
and Restrictions
DirectVuTV hereby grants you permission to access and
use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part
of the Website, without DirectVuTV's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to use the Website for any commercial
use, without the prior written authorization of DirectVuTV.
F. You agree not to use or launch any automated system
that accesses the Website in a manner that sends more request messages to the DirectVuTV
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
DirectVuTV grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials. DirectVuTV reserves all rights to revoke
these exceptions under any circumstance. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website (e.g. comments, email)
for any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website.
G. You will otherwise comply with the terms and conditions
of these Terms of Service, and all applicable local, national, and international
laws and regulations.
H. DirectVuTV reserves the right to discontinue any aspect
of the DirectVuTV Website at any time.
5. Account Termination Policy
A. DirectVuTV may terminate a User's access to its Website
at any time for any reason..
6. DMCA
A. If you are a copyright owner or an agent thereof and
believe that any content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the information in writing as specified in 17 U.S.C 512(c)(3).
B. DirectVuTV's designated Copyright Agent to receive
notifications of claimed infringement is: Alain Thibodeau, 3860 Notre Dame, Laval,
Quebec, Canada H7V 1S1 email: copyright@directvutv.com
or fax 1 866 323 8512 Only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other communications
should be directed to support@directvutv.com.
You acknowledge that if you fail to comply with all of the requirements of this
Section, your DMCA notice may not be valid.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DirectVuTV WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DirectVuTV, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DirectVuTV MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DirectVuTV WEBSITE. DirectVuTV
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DirectVuTV WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DirectVuTV
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL DirectVuTV, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE DirectVuTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DirectVuTV SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by DirectVuTV from
its facilities in the Canada. DirectVuTV makes no representations that the DirectVuTV
Website is appropriate or available for use in other locations. Those who access
or use the DirectVuTV Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless DirectVuTV,
its parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your use
of and access to the DirectVuTV Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that one
of your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the DirectVuTV Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age,
or an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service. In any case, you affirm that you are
over the age of 13, as the DirectVuTV Website is not intended for children under
13. If you are under 13 years of age, then please do not use the DirectVuTV Website.
11. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by DirectVuTV
without restriction.
12. General
You agree that: (i) the DirectVuTV Website shall be deemed
solely based in Quebec, Canada; and (ii) the DirectVuTV Website shall be deemed
a passive website that does not give rise to personal jurisdiction over DirectVuTV,
either specific or general, in jurisdictions other than Quebec. These Terms of Service
shall be governed by the internal substantive laws of the Province of Quebec, without
respect to its conflict of laws principles. Any claim or dispute between you and
DirectVuTV that arises in whole or in part from the DirectVuTV Website shall be
decided exclusively by a court of competent jurisdiction located in Laval County,
Quebec, Canada. These Terms of Service, together with the Privacy Notice at
http://www.DirectVuTV.com/directvutv/titles/privacy.aspx and any other legal notices
published by DirectVuTV on the Website, shall constitute the entire agreement between
you and DirectVuTV concerning the DirectVuTV Website. If any provision of these
Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms of Service, which shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a further or continuing waiver
of such term or any other term, and DirectVuTV's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such right
or provision. DirectVuTV reserves the right to amend these Terms of Service at any
time and without notice, and it is your responsibility to review these Terms of
Service for any changes. Your use of the DirectVuTV Website following any amendment
of these Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND DirectVuTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE DirectVuTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.