TERMS OF SERVICE AND RULES
This contract is a legal agreement between MAtv inc. (hereafter "MAtv") and persons who use or accessing the www.MAtv.ca site, the sites of affiliated companies, and/or targets of links authorized by MAtv under these Terms of Service (collectively the "Site"). PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING, REGISTERING ON OR CONTRIBUTING TO THE SITE. By accessing, registering on and/or contributing to the Site, you agree to be bound by the terms and conditions of this contract. Access to and use of the Site are subject to full and unconditional compliance with the Terms of Service, Rules and Netiquette (hereafter collectively the "Terms"). IF YOU DO NOT WISH TO BE BOUND BY THIS CONTRACT OR IF YOU DO NOT ACCEPT THE TERMS, DO NOT ACCESS THE SITE AND DO NOT REGISTER. Your sole recourse is to stop using the Site.
1. Acceptance of Terms
Acceptance and Site services. The Site gives users access to the information available at the time of connection. The Site offers information and potentially services that allow, among other things, access to content related to the MAtv network’s schedule and programs, the company and other matters, as well as access to functionalities specific to the Site. The Terms apply to the entire Site and all the products and services provided by MAtv, as applicable. By using the services provided by MAtv on the Site, you agree to do so in compliance with applicable law and the Terms.
2. Copyright and trademarks
Intellectual property. All content on the Site created, developed, broadcast, communicated, elaborated or generated by MAtv (including texts, illustrations, images, codes, trademarks and URLs) or reproduced by MAtv on the Site, as well as the selection, layout and arrangement of such content, are the property of MAtv or licenced from third parties, and are protected by law and copyright in all countries. Accordingly, you may not copy, reproduce, modify, reformulate, republish or more generally use, in whole or in part, any element of the Site that is owned by MAtv without prior written authorization from MAtv. No licence or right of use is granted or implied by virtue of your registration on the Site (if applicable) or your accessing the Site. You may not, among other things, modify, copy, distribute, publish, transmit, broadcast, reproduce, compile, arrange or save content owned by MAtv, or create compilations consisting in whole or in part of content owned by MAtv, or transfer such content to any person by any means whatsoever, including the reproduction and/or transmission of any excerpt from such content, whether accompanied by a link or not, without written authorization from MAtv or unless expressly permitted by law or by the Site’s functionalities. Selling or profiting in any way whatsoever from content, information, software, products or services obtained from the Site, or creating compilations or derivative works from such, are also prohibited.
3. User name and password
Confidentiality. You are responsible for keeping your account and account password confidential. MAtv cannot be held responsible for any unauthorized use of your account and you accept full responsibility for all acts performed using your password. Should the confidentiality of your account be compromised, you must notify MAtv at the specified address as soon as possible to avoid any fraudulent use. MAtv cannot be held responsible for any loss or damage arising from disregard for the security measures described in this section. Please read the LIMITATION OF LIABILITY and INDEMNIFICATION sections below carefully to be aware of the extent of your responsibilities in connection with the Site.
4. Use of on-line communication services
Accurate Information. When registering online to create an account on the Site, you undertake to provide only truthful, accurate, current and complete information about yourself and warrant that you have the required authorization to do so. You undertake not to create a false identity or to use false information. You undertake to keep your account information current at all times and as accurate as possible, and to update your account information as soon as a change occurs or you become aware of such a change. At no time may you use the Site or the Site’s services to create an account for misleading purposes. False information. In the event that you provide false, inaccurate, misleading or incomplete information or violate the Terms, MAtv reserves the right, at its sole and absolute discretion, to suspend or terminate your account, with or without notice, and to inform the appropriate authorities. Netiquette. To make navigating the Site as pleasant as possible for everyone, users of the Site’s online communication services must comply with the Terms at all times. Any action you take when participating in forums, discussions, blogs, interactive features and/or more generally any page on the Site on which you can leave comments, express yourself, contribute and enrich the online content with your own input, including all posts, notes, data, comments, additions, animations, articles, publications, texts, links, hyperlinks, hypertexts, photos, images, files, videos, music, audio or video elements, webcasts and/or more generally any user-generated information or content in any form (hereafter "Contribution") must at all times comply with the Terms. Nature of remarks. Any Contributions that are insulting, defamatory, obscene, offensive, discriminatory, racist, violent or sexist, or contain material that is illegal or violates intellectual property rights, is prohibited. Your Contribution must never be contrary to public decency, public order, or applicable acts and regulations. More specifically, prohibited content includes but is not limited to pedophilia, pornography and child pornography; incitement to crime, violence, hatred, racism, anti-Semitism, xenophobia or homophobia; and glorification of war crimes or crimes against humanity. Accordingly, no Contribution may, by its nature or form, incite discrimination against a person, group of people or family on the basis of their ethnicity, religion or race, or denigrate, defame, damage the reputation of, violate the privacy of or harm the image of a third party. Physical and/or material threats, harassment and cyberbullying are strictly prohibited. You are completely and entirely responsible for your Contribution. It is understood that your Contribution reflects only your opinion and not that of MAtv. Your Contribution must at no time materially damage the Site and its functionalities or allow such damage. Language. Your Contribution must use respectful language that is not offensive, vulgar or crude. Exclusive or excessive use of capitals (the Internet equivalent of shouting) is prohibited. Politeness, courtesy and respect for others are the basic rules in the virtual world as in the real world. Confidentiality. Your Contribution must not contain personal and/or confidential information that could be used to identify you or another Internet user. Bear in mind that no one is anonymous on the Internet. IP addresses may be logged for reasons of security. It is incumbent upon you to exercise due caution and protect yourself by restricting disclosure of your personal or nominative information. For more details, refer to our Confidentiality Policy. Copyright. You must hold all required rights, in full, including intellectual property rights, to all Contributions you make on the Site. By submitting your Contribution, you agree to grant MAtv a non-exclusive, transferable and perpetual licence, valid for all media, existing or future. Accordingly, MAtv may disseminate, broadcast, code, distribute, reproduce (in whole or in part), modify, present, communicate, adapt, display, publish, translate and more generally use your Contribution, publicly or not, without compensation. Furthermore, you waive all moral rights in your Contribution. Subject to the rights granted above, you retain all intellectual property rights and copyright to your Contribution. Your opinion. Your Contribution reflects your thinking, preferences and tastes, and more generally it is a reflection of yourself. You must not suggest that your Contribution is being made on behalf of any third party unless you have express authorization to do so. You may not suggest, imply or give people to understand that MAtv approves, shares or endorses your Contribution, or create any confusion in that regard, unless you have express authorization to do so. Visual presentation. MAtv advises you to use standard-size (12-point) font and not to excessively personalize your Contribution with colours. Restraint in the use of smileys and emoticons is requested. Respect. Freedom of expression is one of the most important fundamental freedoms in any democratic society and it must be respected. Everyone is entitled to his or her opinion. Accordingly, the comments, ideas and Contributions of others must be treated with respect, even if you do not agree with them. Humour. Internet humour can be tricky. It may be difficult to convey the desired tone in your Contribution. This fact should be borne in mind when making a Contribution.
5. Illegal content
Prohibited activities. You have sole responsibility for the content you post on the Site, for your Contributions, and for their consequences. You may not use the Site or its services to conduct or disseminate any study, contest, pyramid scheme, chain letter or solicitation for political, professional or commercial purposes, or for spamming, flooding or hacking, or to perform any other act for illegal purposes or to hijack Contributions. Any action that may prejudice the rights of others or prevent others from using the Site and its functionalities is also prohibited. While MAtv reserves the right to remove data and Contributions at its sole discretion, it is under no obligation to do so. MAtv makes no representation regarding control over the content of the available information, given the volume and speed of data transmission via the service. MAtv reserves the right, at its sole discretion, to take action against you or any person who violates the Terms and to inform the competent public authorities of any manifestly illicit activity, information or content of which it becomes aware. Violation of the Terms. MAtv, its directors, representatives, executives, employees and agents reserve the right, at their sole discretion, to remove any Contribution from the Site, in whole or in part, if in their opinion it contravenes the Terms. MAtv reserves the right, at its sole discretion, to remove and/or suspend your profile and/or your account in the event of serious or repeated violations of the Terms, with or without prior notice. Limitation. MAtv, its directors, representatives, executives, employees and agents disclaim all responsibility for the Contributions, content and opinions presented on the Site. The Contributions express only the views of their authors and MAtv, the Site, its directors, representatives, executives, employees and agents do not endorse the intentions or value judgements they may convey. MAtv, its directors, representatives, executives, employees and agents reserve the right, at their sole discretion, to edit or remove messages and Contributions that are not compliant with the Terms. MAtv, its directors, representatives, executives, employees and agents may also suspend the Site, in whole or in part, at any time without prior notice.
6. Internet safety for children and teens
Children and teens on the Internet. Children and teens are increasingly using and benefiting from Internet services. However, as in any environment, their vulnerability makes them potential targets for crime or exploitation. You are therefore advised to monitor your children, teens and wards when they use your Internet service and counsel them with respect to security and the use of common sense. Such counsel can often prevent your children, teens and wards from being exposed to offensive information or becoming victims of harassment or other criminal acts. Nevertheless, you are advised to exercise reasonable supervision of their use of your Internet service. They should be aware that they must never disclose personal information such as their name, telephone number or address on the Site. It is important that you encourage your children, teens and wards to discuss their concerns with you if they receive messages they find disturbing or shocking. These recommendations will help them browse the Internet in an informed manner and help you ensure that they make good use of the Internet.
7. Network security and efficiency
Unauthorized use. MAtv cannot guarantee the Site’s complete efficiency and security. It is possible that computer hackers may break into the server. Therefore, BEFORE REGISTERING, USING YOUR ACCOUNT, IF APPLICABLE, ACCESSING OR CONTRIBUTING TO THE SITE, it is important to bear in mind that ill-intentioned individuals may access the Site’s servers and use personal information for their own purposes. IN NO CASE may MAtv or its directors, executives, employees or agents be held liable for acts of computer hacking or any damage or loss you may thereby incur. Crashes. The Site may occasionally crash and programming errors may be caused by updates or by events beyond the control of MAtv. Neither MAtv nor its directors, executives, employees or agents can be held liable if you are unable to browse, use or access the Site for any reason (including lack of understanding, defective telephone line, incompatible modem, broken cable, incorrect configuration, incorrect browser, etc.). Furthermore, MAtv reserves the right to make the Site or the services temporarily unavailable for purposes of maintenance or updates.
External links on the Site. MAtv or third parties may provide links to other websites or sources. MAtv has no control over such sites and sources and is not responsible for and cannot guarantee the availability of such external websites and sources. MAtv does not sanction or endorse the content provided by such websites or sources and is not liable for or make any warranty for such content. MAtv reserves the right to display advertising messages on the entire Site, which messages may contain links to other websites. MAtv is in no way responsible for the ideas, opinions, products, services or more generally the content conveyed by the advertising messages and other websites.
9. Limitation of liability
Limitation - User. MAtv, its parent corporations, subsidiaries, affiliated companies, directors, executives, employees, agents and representatives have no liability for damages, including compensatory damages, whether direct or indirect, or any other damages whatsoever that you or any other person may incur due to any counsel, advice, recommendation, opinion, Contribution or information obtained on the Site, any technical equipment or technology on the Site, any human or technical error at any stage, any technical problems or defects in electronic or communications networks, on-line computer systems, servers, computer hardware, software, data transmission or any other technical problem or congestion on the Site. MAtv cannot be held liable for the loss of any or all content, including during posting, alteration or modification by MAtv, you or a third party. MAtv does not guarantee any level of traffic on the Site. Furthermore, the guardian, parent or person with parental authority remains responsible at all times for the health, well-being, monitoring, supervision and upbringing of the child or teen under his or her care. You are wholly and solely responsible for any content and Contribution you generate on the Site. MAtv cannot be held responsible for any fraudulent or malicious use of the Site and its service.
User’s liability. MAtv is not responsible for content, actions and Contributions generated by you or by third parties on the Site or linked to the Site. You agree that you are wholly and solely responsible for your Contributions and you warrant that you make them knowingly. MAtv cannot be deemed responsible for any violation of the Terms committed by you or with the assistance of a third party. Furthermore, MAtv, the Site, their directors, representatives, executives, employees and agents do not endorse your remarks, content, intentions or judgements, or those of third parties. Accordingly, you agree to indemnify and save harmless MAtv and its subsidiaries, parent corporation, executives, agents, representatives, directors and employees from and against any legal proceeding against them arising from a violation of the Terms by yourself or by any person who has access to your account.
11. Force majeure
No liability. MAtv is not liable for, among other things, any delay, failure, interruption, suspension, reduction or disruption, in whole or in part, in the performance of any of its obligations, or for damages or losses you may incur, if the delay, failure, interruption, suspension, reduction or disruption in the performance of its obligations, or the damages or losses, occur as a result of force majeure or circumstances beyond its control, including a lock-out or strike.
12. Applicable law and amendment
Applicable legislation. This contract is governed by the applicable laws of the province of Québec. You hereby agree that any legal action arising from or related to the use of the Site or the Contract shall be brought before the competent courts of the judicial district of Montréal in the province of Québec.
Amendment. The Terms may be amended by MAtv at any time in order to, inter alia, reflect changes to the Site. Accordingly, MAtv may add, modify or remove Terms, elements or functionalities of the Site in view of factors such as technical changes or changes to the law. Any amendments to the Terms shall take effect upon publication. Therefore, you must regularly review these Terms and undertake to immediately stop using and accessing the Site if you disagree with the Terms. If you do not accept the present Terms, you must refrain from creating an account (if such a functionality is available), contributing to the Site or visiting and browsing the Site. By continuing to use the Site after the Terms have been amended, you confirm that you accept the Terms in full, including such subsequent amendments as MAtv may make from time to time.