Welcome to I Channel TV Network Inc. (“ICTV”, “Company”, “our”, “us”) subscription service (the “Service”). The Service includes the ICTV website, application and associated content and services (collectively, the “Platform”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions" or “Agreement”), govern your access to and use, including any content, functionality, and services offered on or through our Platform.
ICTV provides a subscription service that allows subscribers to access content streamed or downloaded over the Internet to certain internet-connected computers, phones, televisions, and other devices.
As used in this Terms and Conditions, “ICTV Service”, “Our Service,” or “the Service” means the service provided by ICTV for discovering, watching ICTV content or producing and uploading content to the ICTV platform, including all features, functionalities, recommendations and reviews, the website, the smartphone application, all user interfaces, as well as all content and software associated with our service.
We may periodically amend any portion of this Agreement. The features and functionality of the Platform are to be determined solely by us and are subject to change or termination. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the ICTV Service and, where required by law, the notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If you do not agree to any change to this Agreement you must discontinue using the ICTV Service. Where required by law, you may refuse the modification and cancel the ICTV Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, if the change results in increased obligations to you or a reduction of obligations on us. Our customer service representatives are not authorized to modify any provision of this Agreement, whether verbally or in writing.
1. User Eligibility and Registration
2. Subscription Terms
3. Technical Quality
4. Rights, Licences, and Restrictions
5. User-Generated Content
6. Community Guidelines, Suspension, and Termination
7. Indemnity, Limitations, and Waivers
8. Dispute Resolution
9. Geographical Restrictions
10. International Users
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the ICTV Service (collectively, the "Territory") are eligible to register for a ICTV account. These Terms and Conditions governs the Platform’s use. You must be at least 18 years of age, or the age of majority in your province or territory of residence, to purchase the ICTV Service. Minors may only use the service under the supervision of an adult.
b. The ICTV Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a ICTV account or use the ICTV Service.
c. Registration. Only individuals that have registered for an ICTV account, provide certain information (e.g., a valid e-mail address), and agree to the Terms and Conditions, are eligible to use our service. You are solely responsible for maintaining the conﬁdentiality and security of your username and password and for all activities that occur on or through your ICTV account. However, if you allow others to access your ICTV account, this Agreement, as well as any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify ICTV of any unauthorized access to your ICTV account. ICTV will not be responsible for any losses arising from the unauthorized use of your ICTV account.
d. Notices. Any notices ICTV delivers to you may be made as follows: (i) by e-mail to the last e-mail address provided by you or (ii) by posting a notice on the ICTV Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate another entity or misrepresent your identity, including using another person’s username, password or other account information or provide false details for a legal guardian or parent. You agree that we may take steps to verify the accuracy of any information you provide.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. By subscribing to our Service, you are agreeing to enrol into an ongoing/recurring payment plan which renews at the end of the disclosed billing period, unless cancelled in accordance with the Terms and Conditions. Payment will be charged to your chosen payment method. “Payment method” means a current, valid, accepted method of payment according to our terms. Such methods may be updated from time to time which may include payment through your account with a third-party payment service.
b. Pricing. We reserve the right to change our pricing. In such an event, we will attempt to notify you, the registered user under this Agreement, within thirty (30) days in advance of the change by sending an e-mail to the e-mail address associated with the registered account. If you do not wish to accept such a price change, you may cancel your subscription in accordance with the instructions we provide on our Platform. If you do not cancel your subscription before the next billing date on which the change is to first be applied, your subscription will be renewed at our new price without any further action by you, and you consent to us charging you thusly. We are not required to update you regarding changes in pricing due to any changes in taxes that may be applicable to our Service. Accessing our Service through the internet or over a mobile network may lead to you incurring access costs which you agree we are not responsible for. You are responsible for inquiring to your internet or data provider for applicable charges or costs.
c. Free Trial Period. Your subscription to our Service may start with a promotional “free-trial” period. During this period, you will have access to our Service free of charge. Your accessibility to certain functions or elements of the Service may be limited during this period by us at our sole discretion and without notice. The duration of this period shall be determined by us, and made aware to you prior to registration, yet we maintain the right to limit or modify the duration of the free-trial period as we see fit, without notice, after you registered. At a time prior to the end of the free-trial period, you will be notified of its impending end and will be prompted to input payment information to continue using the Service after expiration of the free-trial period. USERS ARE FORBIDDEN FROM SIGNING UP FOR A FREE-TRIAL MORE THAN ONCE AND WE MAY USE INFORMATION SUCH AS DEVICE ID, IP ADDRESS, E-MAIL ADDRESS, NAME, OR OTHER PERSONAL INFORMATION TO DETERMINE ELIGIBILITY FOR A FREE TRIAL.
d. Payment Details. You agree that it is your responsibility to keep your payment information up to date by changing your details in your account settings. If your payment information expires and your designated payment method is declined, we shall charge this amount to your account. If a payment is not successfully settled, due to expiration, insufficient funds, or other similar reasons, and you do not cancel your account, we maintain the right to suspend your service until we have successfully charged a valid payment method.
e. Cancellation and Refunds. You may cancel your subscription at any time. Upon doing so, you will have access to our Service until the end of your billing period. To the extent allowable by law, all payments are non-refundable, whether through money or credit. To cancel your service, please visit our website. If you used a third-party payment service as a payment method, you may need to cancel your subscription according to that service’s procedures. ICTV is not responsible for your failure to cancel your subscription due to your use of a third-party payment service.
3. TECHNICAL QUALITY
a. Content available for viewing through our Service may vary in technical quality depending on a number of factors including but not limited to the device used to view such content, your internet service, your location, or your own device settings. You acknowledge that ICTV does not make any guarantees or warranties as to the technical quality of the content viewed through our Service whether it be video resolution, picture resolution, audio quality, framerates, or any other technical aspect of our Service.
4. RIGHTS, LICENCES, AND RESTRICTIONS
a. Licence. Within the Territory and subject to other restrictions in this Agreement, ICTV grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable and non-sublicensable right to access the ICTV service and view ICTV content. Except as described in this Agreement, no title, interest, rights (proprietary, moral, or otherwise) shall transfer to you upon subscription to our service. ICTV maintains all rights and privileges to all content (of any kind whatsoever) published on its platform and viewed by you. This includes, but is not limited to, content generated by users such as comments, videos, posts, pictures, or other any other form of content which may be posted on our platform. The downloading of any content from any ICTV platform does not create an ownership interest in such content. Such content is owned by ICTV, its affiliates, or other licensors, and is protected by Canadian copyright law and intellectual property laws and treaties.
b. Derivative Works. You agree not to save, archive, reproduce, modify, display, perform, publish, licence, or create derivative works from, except as may authorized by this Agreement) or without prior written consent, content or information viewed or accessed through our service.
a. Non-Commercial Use. You agree that your use of the ICTV Service is limited to a personal and non-commercial capacity and you agree not to use the Service for public performances or in a public setting where content will be viewable by members of the public (e.g., lobby, restaurant, school, café, etc.) regardless of any intention to profit, viewed objectively.
b. Restrictions. You agree not to make any attempt or commit any act to: circumvent, disable, alter, degrade, obstruct, , or otherwise frustrate any of the content protections or systems imposed on ICTV content, software, or any aspect of our Platform; use any robot, spider, scraper, algorithm, or any automated means of any kind whatsoever to access the ICTV service; decompile, reverse-engineer, disassemble any software, code, or other products or processes accessible through the ICTV Service; insert any code or product or commit any act to manipulate the functionality of ICTV services in any way, or use any data mining, data gathering, or extraction methods in connection with any product part of our Platform. You further agree not to upload, post, e-mail or otherwise transmit any material designed to interrupt, destroy, frustrate, or limit the functionality of any program, software, hardware, telecommunications equipment, or electronic equipment associated with the ICTV Service. We reserve the right to immediately, and without notice, terminate or otherwise restrict your use of our service if you violate these terms, or any others, or are engaged in any illegal, fraudulent, or tortious use of our Service.
c. Login Info. You agree not to share your login information or other user information with unauthorized users.
d. Passwords and Account Access. You are responsible for protecting your password and account information and are responsible for all unauthorized access to the Service through your account. You agree that we may terminate or suspend your access to our Service in order to protect you, ICTV, or our partners, if we suspect, at our sole and absolute discretion, identity theft or other fraudulent activity associated with your account.
5. USER-GENERATED CONTENT
To generate content for ICTV (“User Content”), you will need to apply separately and receive an official written acceptance from the ICTV team. If you received the acceptance, Section 5 below applies to you:
a. As between you and ICTV, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “ICTV Content”), are either owned or licensed by ICTV, it being understood that you or your licensors will own any User Content you upload or transmit through the Services. Use of the ICTV Content or materials on the Services for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
b. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
c. You further acknowledge that, except as specifically permitted by us in these Terms and Conditions or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
d. You acknowledge and agree that ICTV may terminate this license at any time for any reason or no reason.
e. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
f. You acknowledge and agree that when you view content provided by others on the services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
g. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
h. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
i. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
j. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
k. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
l. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a third party, then you must notify your third party of the royalty-free license you grant through these Terms and Conditions in your User Content to us. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
m. Waiver of Rights to User Content. By posting User Content to or through the services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the services.
n. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our services constitutes a violation of their intellectual property rights, or of their right to privacy.
o. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
p. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any feedback you send confidential or to refrain from using or disclosing it in any way; and
q. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody feedback, whether in whole or in part, and whether as provided or as modified.
6. COMMUNITY GUIDELINES, SUSPENSION, AND TERMINATION
a. You agree not to violate the foregoing terms, or any other community guidelines or code of conduct we publish and make available to you, and incorporate into these Terms and Conditions via the abovesaid reference. You further agree that any violation or perceived violation, judged and assessed by us or designated agents (such as third-party community moderators) in our sole discretion, shall be grounds for immediate suspension or termination without notice to you and without any refund due, or recourse of any kind. You acknowledge and agree that you are liable for any content that you post and are liable for legal consequences flowing from such content that violate any civil or criminal laws or regulations of any kind and in any jurisdiction, including overseas. In connection with this paragraph, you agree not to upload any content of any kind whether video, pictures, text, or otherwise which, in our sole and absolute discretion:
i. Fraudulently impersonates any other person or identity
ii. Displays or promotes acts of violence, hatred, discrimination, abuse, harassment
against any particular identifiable racial, ethnic, religious, or political group;
iii. Constitutes a threat to any particular person, group, or institution;
iv. Constitutes harassment or bullying against any person or group;
v. Depicts nudity, whether actual or implied, obscene or vulgar content, or profanity;
vi. Depicts content that is suggestive, sexual;
vii. Mocks religious belief or belief in a deity.
You agree that the aforesaid rules are not complete and may be updated with further community guidelines which are incorporated by reference into this Agreement and which are available on our website. It is your responsibility to check for updates to our community guidelines.
Ultimately, it is our discretion to remove videos that we believe clashes with the Company’s core values.
7. INDEMNITY, LIMITATIONS, AND WAIVERS
a. Warranties and Limitations on Liability. The ICTV service is provided “as is” and without warranty or condition. Our service may not be free of glitches, errors, or interruptions. You agree to waive all special, indirect, incidental, or consequential damages of any kind whatsoever, even if we have been advised in advance of the possibility of such damages, that result from the use of, or inability to use, ICTV services, despite the cause. Nor shall we be liable for any delay or failure in performance resulting from causes beyond our reasonable control.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS 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, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
b. Indemnification: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, 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 your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.
c. Waiver: No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
d. We make no representations, warranties or guarantees, whether express or implied, that any ICTV Content (including User Content) is accurate, complete or up to date. Where our services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the services (including User Content).
8. DISPUTE RESOLUTION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Platform, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in the Province of Ontario. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
9. GEOGRAPHICAL RESTRICTIONS
The owner of the Platform is based in the Province of Ontario in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you are responsible for compliance with local laws of your jurisdiction.
10. INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not access the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
a. Unsolicited Materials. ICTV does not accept or consider any unsolicited materials or ideas for ICTV content. In connection with anything you submit to us, whether unsolicited or not, you agree that creative ideas, suggestions for content, or any other submitted materials are not being made in confidence or trust and that no obligations of any kind whatsoever shall be imposed upon ICTV in connection with the receipt of aforesaid materials.
b. Promotional Material. You agree that we can send you content, through electronic means such as e-mail, smartphone notifications, information about content you may find interesting, as well as other similar promotional materials.
c. Severability. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
d. Entire Agreement. These Terms and Conditions, and any documents incorporated by reference, constitute the entire agreement between you and ICTV pertaining to the subject matter herein and supersedes all prior or other understandings, agreements, discussions, or arrangements, whether written or otherwise. A WAIVER BY ICTV OR A LAWFUL AGENT OF ANY TERMS OF THIS AGREEMENT DOES NOT CONSTITUTE A CONTINUING WAIVER OF THE SAME OR A WAIVER OF ANY OTHER PORTION, ASPECT, ELEMENT, OR DIMENSION OF ANY OF THE TERMS IN THIS AGREEMENT.
13. REPORTING AND CONTACT
This Platform is operated by I Channel TV Network Inc.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [email protected]
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected]
DATE: December 27th, 2020
*Apple Inc. is not involved in any way with this (contest /sweepstakes /competition)