May 29, 2018
TSN Subscription: Terms and Conditions
This is intended to be a non-exhaustive summary of the key terms and conditions that apply to TSN. Please see below for the full Terms and Conditions.
French Version - RÉSUMÉ DES RENSEIGNEMENTS ESSENTIELS
|Nature of the Service||A live and on-demand online subscription video streaming service. Some content that is available on the equivalent television channel may be blacked out and unavailable. Please see our website at www.tsn.ca for details of the content that is currently available.|
|Subscription Fees||Your subscription fee and when you are charged will depend on the package you have subscribed to and any available promotional offers (which may vary from time to time – see below). The applicable taxes will depend on your jurisdiction of residence.
Please see our website at https://www.tsn.ca/subscribe for the current subscription fees.
Depending on your carrier plan and use of TSN online video streaming, you may incur charges due to your use of the Internet, including data usage, roaming or other charges. Consult your carrier and plan for details.
|Payments and Renewals||Payment Method: During the registration process, you will have been asked to provide billing information, including your credit card number and billing address. All amounts with respect to your subscription referenced in this Critical Information Summary will be charged to the credit card provided, in Canadian Dollars.
TSN Month Subscription: If you have subscribed to the TSN month subscription option, your package will automatically renew and you will be charged automatically every month, unless you cancel prior to your renewal date. See below for information on cancellation.
TSN Annual Subscription: If you have subscribed to the TSN annual subscription option, for users outside Quebec, your package will automatically renew for another 12 months and you will be charged automatically every 12 months, unless you cancel prior to your renewal date. For users in Quebec, your package will automatically renew on a month to month basis, which will be charged automatically every month, unless you cancel prior to your renewal date. See below for information on cancellation.
|Promotional Offers||If you qualify for a promotional offer, then, unless we tell you otherwise in your promotional offer, once your promotional offer ends, we will begin charging you the subscription fees, plus applicable taxes, unless you cancel prior to the end of your promotional offer (see below for information on cancellation). Your subscription fee will depend on the package you have subscribed to.|
|Cancellation||Cancelling TSN: You may cancel your subscription by calling us at 1-833-TSN-HELP (876-4357), or by sending us a written notice to firstname.lastname@example.org, or by cancelling your subscription online on our website at www.tsn.ca.
No Refunds: All subscription fees are non-refundable. We will not provide refunds or credits for any partial subscription periods or unwatched content. If you cancel your subscription, you will not be refunded or credited any portion of your last paid subscription fee, however, you will be able to access your package to the end of your subscription period.
Cancellation by Bell Media: Without limiting our rights under the Terms and Conditions, we may cancel your subscription on 30 days’ notice if you live outside Quebec or Newfoundland and Labrador, or 60 days’ notice if you live in Quebec or Newfoundland and Labrador.
See sections 6 and 26 of the Terms and Conditions for additional information about cancellation.
|Changes to the Contract||The full Terms and Conditions applicable to your subscription can be found below.
The Terms and Conditions, including the subscription fees, and the content are subject to change at any time. If we modify the Terms and Conditions we will provide you with notice in accordance with the Terms and Conditions.
|Liability||Certain limitations and exclusions of liability apply to us. Please see section 31 of the Terms and Conditions for additional information.|
|Contact Us||To reach Customer Service, please contact us at 1-833-TSN-HELP (876-4357) or email@example.com.|
(Last Updated on February 28, 2019)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICE.
Welcome to TSN Direct, our live and on-demand online subscription video streaming service that allows users to select from a variety of content options including certain audio, graphics, photos, special features, television programs, and other video content, which is made available to you by Bell Media Inc. and its affiliates (together, "Bell Media") over the Internet at Service").
By using the Service, or any of the content, products or services which may be made available to you via the Service, you agree to be bound by these terms and conditions, which may be modified by Bell Media from time to time as described in these terms and conditions (collectively, the "Terms and Conditions"). We suggest that you print a copy of these Terms and Conditions for your records. If you do not agree with these Terms and Conditions, you may not use the Service or any of the content, products or services which may be made available to you via the Service.
References to "you" and "your" in these Terms and Conditions are to you and anyone who uses the Service through your registered account. You must inform anyone who uses the Service through your account of these Terms and Conditions and obtain their agreement to these Terms and Conditions before allowing them to use the Service through your account.
References to "we", "us" and "our" in these Terms and Conditions are to Bell Media.
2. AVAILABILITY AND ACCESS
(a) Availability and Access
To access the Service, you must register for and subscribe to the Service as described in Section 4 and comply with the Technical Requirements set out in Section 11.
The Service is intended for use in Canada. Certain elements of the Service may not be available for use when you are outside of Canada, as may be determined by Bell Media in our sole and absolute discretion. Please consult the TSN FAQ (available on our website at www.tsn.ca) for detailed information about the Service.
Some Content (as defined below) may be available for temporary download and offline viewing on certain supported devices ("Offline Titles"). If Offline Titles are made available, certain limitations may apply. For example, such limitations may include restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles, the number of times Offline Titles may be viewed, and how long the Offline Titles will remain accessible. If Offline Titles are made available, some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will may not be playable while you are in that country.
Some content that is available on TSN’s specialty television service may be blacked out and unavailable to you through the Service for various reasons, including if Bell Media does not hold the rights to make such content available to you through the Service.
Furthermore, some content may be blacked out and not available to you based on where you live and/or where you are located at the time you attempt to view that content.
Please consult the TSN FAQ (available on our website at www.tsn.ca) for additional information on blackouts.
3. CUSTOMER SERVICE
To reach Customer Service, please contact us at 1-833-TSN-HELP (876-4357) or firstname.lastname@example.org.
During the registration process, you will be asked to provide an email address, choose a password, provide billing information, including your credit card number and billing address, as well as other information. You certify that the information that you provide during the registration process will be complete and accurate, and you will not provide a false email address, impersonate any person or entity, or otherwise mislead us with respect to any information that you provide. You will promptly update any of the information that you have provided so that your account remains complete and accurate at all times.
You may not be able to access the Service if the information that you provide is incorrect or if you do not update that information when necessary.
Upon completing your registration for the Service, you will receive an email confirming your registration that contains a copy of these Terms and Conditions.
You are solely responsible and liable for any use and misuse of your account, and must promptly notify us of any unauthorized use of your account, whether known or suspected. We are not responsible for your failure to do so, or for any delay in suspending your account following your notice. For security reasons, you must keep your password confidential and not disclose it to any person or permit any other person to use it. Bell Media recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis. You remain solely liable for all activities that take place under your account.
5. AUTHORIZED DISTRIBUTORS
6. PAYMENT AND SUBSCRIPTION TERMS
(a) Subscriptions: The Service may include different Content (defined below) offerings and features (for example, basic or premium offerings and add-ons), with different benefits, conditions, and limitations. Your level of access to the Service, including with respect to offerings and features is determined by the subscription package you purchase. You can find the specific details regarding your subscription at any time by logging in to our website at www.tsn.ca and viewing your account details. We reserve the right to change the offerings, features and Content of your subscription, from time to time in accordance with these Terms and Conditions. Further, we may change the offerings and features available at any time.
(b) Recurring Billing and Renewals: By completing your registration for the Service, you authorize us to charge you a subscription fee plus applicable taxes ("Subscription Fees") on a recurring basis and in accordance with the offering you select. Unless otherwise selected by you at the time of your registration and subject to any Promotion, the Subscription Fees will be charged to you monthly. AS MAY BE DESCRIBED IN FURTHER DETAIL IN RESPECT OF THE OFFERING YOU SELECT, AND UNLESS OTHERWISE PROVIDED IN RESPECT OF THAT OFFERING, THE SUBSCRIPTION FEES WILL BE CHARGED TO YOU AT THE THEN CURRENT RATE EITHER: (I) IMMEDIATELY UPON COMMENCEMENT OF THE SERVICE; OR (II) IF THE SERVICE, OR A PORTION THEREOF, IS OFFERED WITHOUT CHARGE FOR A SET PERIOD, WITH AN INITIAL TIME PERIOD INCLUDED, OR ON A REDUCED FEE BASIS FOR AN INITIAL PERIOD, AUTOMATICALLY FOLLOWING THE END OF SUCH PERIOD UNLESS YOU CANCEL PRIOR TO THE END OF THE APPLICABLE PERIOD. FOR EXAMPLE, UNLESS THE OFFERING DESCRIPTION PROVIDES OTHERWISE, FOR MONTHLY PLANS, THE INITIAL MONTHLY SUBSCRIPTION FEE WILL BE PAYABLE IMMEDIATELY UPON COMMENCEMENT OF THE SERVICE, AND YOU WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEES EACH MONTH OF THE TERM OF YOUR SUBSCRIPTION THEREAFTER.
WE WILL PROVIDE YOU WITH NOTICE THAT YOUR PROMOTION IS ENDING AND THAT PAYMENT FOR YOUR SUBSCRIPTION IS COMING DUE. IF YOU WISH TO AVOID SUCH CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE APPLICABLE PROMOTION IN ACCORDANCE WITH THE TERMS OF SUCH PROMOTION. You acknowledge that the recurring amount billed may vary for reasons that may include differing amounts due to applicable Promotions.
Subscriptions purchased on a monthly basis are billed each month until you cancel your subscription in accordance with Section 26. If you have purchased a subscription for a fixed number of months (for example 6 months), for users who are not resident in Quebec, your subscription will automatically renew for a new subscription term (for example, a second 6 month term) unless you cancel your subscription before the end of your current subscription term. If you are a resident of Quebec, and if you have purchased a subscription for a fixed number of months (for example 6 months) your subscription will automatically renew for an indefinite period, billed monthly, (i.e. it will become a month to month subscription) unless you cancel your subscription before the end of your current subscription term, or inform us that you would like to renew for an additional fixed term subscription. In either case, we will provide you with notice of the renewal. If you cancel your subscription rather than renew, cancellation will take place as described in Sections 6(c) and 26. Your failure to cancel your subscription during the current term will result in the renewal of your subscription in accordance with these Terms and Conditions.
Please note that the foregoing recurring billing and renewal provisions do not apply to any subscriptions that do not automatically renew. For such subscriptions, the Subscription Fees will be charged on a one-time basis at the time of purchase and the offering will automatically expire at the end of the prescribed subscription term.
In all cases, the applicable taxes will depend upon your location. If your credit card payment is declined, you acknowledge that you will no longer be able to access and use the Service. Unless otherwise indicated, all dollar amounts on the website and payments hereunder are in Canadian dollars.
(c) No Refunds: All Subscription Fees are non-refundable. We will not provide refunds or credits for any partial subscription periods or unwatched Content. If you cancel your subscription to the Service in accordance with Section 26, you will not be refunded or credited any portion of your last paid Subscription Fee (plus applicable taxes). Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period, at which point your subscription will terminate.
(d) Authorized Distributors: Without limiting Section 5, if you registered for the Service through an Authorized Distributor, please consult with such Authorized Distributor for the terms and conditions applicable to your subscription, including your subscription fee, payment terms, and the availability of credits or refunds.
7. PROMOTIONAL OFFERS
From time to time, and in our sole and absolute discretion, we may offer certain promotional offers (individually, a “Promotion” and, collectively, “Promotions”) such as New Subscriber Promotions and Special Promotions (both as further described below) as well as gift codes, promotional codes, pre-paid subscription plans, or other promotional offers made available in association with the Service during a prescribed period of time (the “Promotion Period”). In addition to these Terms and Conditions, which will continue to apply to your use of the Service during any Promotion, other terms and conditions that apply to such Promotions, if any, will be disclosed at the time we choose to make such Promotions available to you, and you agree to them by requesting or otherwise participating in the Promotion.
(a) New Subscriber Promotions: We may offer Promotions whereby a new subscriber who subscribes to the Service receives a certain benefit during the Promotion Period (“New Subscriber Promotions”). New Subscriber Promotions may include, for example, subscribers receiving access to the Service during the Promotion Period at no charge or, alternatively, at a discounted rate. In such cases, as described in the Promotion offer, we will begin billing the subscriber’s credit card or gift card for the Subscription Fees at the end of the Promotion Period unless the subscriber cancels the Service within such period.
(b) Special Promotions: We may offer Promotions whereby subscribers to the Service, or any group of subscribers designated by us, will receive a certain benefit during the Promotion Period (“Special Promotions”). These Special Promotions may be offered in concert with our partners. In such cases, as described in the Special Promotion offer, we will begin billing the subscriber’s credit card or gift card for the Subscription Fees at the end of the Promotion Period unless the subscriber cancels the Service within such period or following the end of such Promotion Period, the Special Promotion benefits will become unavailable. Current Special Promotions and their associated details are as set out in the TSN FAQ (available on our website at www.tsn.ca).
(c) Promotion Terms: Unless provided otherwise in these Terms and Conditions and/or the TSN FAQ, and/or the terms and conditions associated with the Promotion, all Promotions shall be made available on the following terms:
1. Promotion Period: Promotion Period determined by Bell Media in is sole discretion and will be listed with the details of the particular Promotion in the TSN FAQ.
2. Eligibility: Canadian residents who are new subscribers to the Service and/or promotional benefit.
3. Redemption Site: https://www.tsn.ca/redeem
4. Redeem By Date: All Promotions associated with a promo code will have to be redeemed by a pre-determined date which will be (A) communicated in writing when the promo code is provided to the customer, and (B) referenced in the TSN FAQ. The Promotion will no longer be valid following this date.
ii. Redemption Details:
1. Visit https://www.tsn.ca/redeem, register for the Promotion, and enter a valid promo code. The Promotion will commence on the date the promo code is successfully redeemed.
2. A valid credit card or gift card is required to redeem the Promotion.
3. At the end of the Promotion Period, you will be renewed into the then-current Subscription Fee plus applicable taxes, or the promotional benefit will end, as described in the terms and conditions for the Promotion.
4. You can cancel the Promotion at any time prior to the expiry of the Promotion Period. You will have access to the Service for the full duration of the Promotion Period.
1. A promo code can only be used once.
2. A promo code cannot be transferred or shared with others.
3. Limit of one (1) promo code redemption per person.
4. A Promotion cannot be redeemed in conjunction with any other promotions or offers related to the Service.
5. A Promotion Period is for the period of consecutive months of the Promotion and cannot be paused, delayed, amalgamated/stacked, or rescheduled.
6. A Promotion is not available to subscribers who subscribe to the Service through their TV service provider.
7. A Promotion is not available to subscribers who subscribe to the Service through their Apple iTunes account.
8. A Promotion is only available to subscribers to the Service.
9. A Promotion does not apply in conjunction with another Promotion.
10. A Promotion does not provide rain-checks or substitutions.
11. A Promotion not redeemable or refundable for cash.
12. Bell Media reserves the right to modify or discontinue a Promotion at any time.
13. Bell Media reserves the right in its absolute discretion to determine a subscriber’s eligibility for a Promotion.
(d) Questions: If you have any questions regarding the redemption process or Promotions generally, please call us at 1-833-TSN-HELP (876-4357) or send us an email to email@example.com.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms and Conditions, the Service, and your subscription including the Subscription Fees, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. We will post changes to these Terms and Conditions at least thirty (30) days before the modification comes into effect, and will indicate at the top of this page the date these Terms and Conditions were last modified.
In addition, if you have registered for the Service, we will provide you notice as required using your email and/or mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the change comes into effect and 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. Before the change comes into effect, you may cancel the Service rather than accept the change. To the fullest extent permitted by law, as your sole remedy, where required by law you may refuse the modification and rescind, or cancel the 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, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Service after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms and Conditions, as modified, or such change to the Service or your subscription communicated to you.
Subject to our right to make modifications, no other statements (written or verbal) will change these Terms and Conditions.
You may not make any changes to these Terms and Conditions.
10. TSN FAQ
Please consult the TSN FAQ for further information about the Service including:
- platform and device related information;
- features and functionality;
- blackouts, if any (as described in Section 2(b));
- Technical Requirements (as described in Section 11);
- Software (as defined in Section 23); and
- technical / troubleshooting guidance.
11. TECHNICAL REQUIREMENTS
Your use of the Service will require your device to be connected to the Internet. Additionally, you may choose to access the Service using a mobile device. In all such cases, you are solely responsible for the cost and maintenance of any such Internet or mobile connection, including any data usage, roaming or other charges that you incur. Consult your carrier and plan for details. You acknowledge that viewing quality, and the time it takes to begin watching the Content, may vary depending on the quality of your Internet or mobile connection and viewing device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the Service or you may experience video and/or audio re-buffering or drop-outs.
Your use of the Service is subject to certain minimum technical requirements (the "Technical Requirements") set out in the TSN FAQ (available on our website at www.tsn.ca) which Technical Requirements are incorporated into these Terms and Conditions by reference.
It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the Service. These are described in the Technical Requirements. We reserve the right to change or cease support of any hardware or software platforms at any time. Any such change or cessation of support will be addressed in the Technical Requirements.
We may change the Technical Requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the current Technical Requirements.
The Service is comprised of digitized versions of TSN’s five programming feeds (TSN1, TSN2, TSN3, TSN4, and TSN5) which we may modify or supplement from time to time with additional content provided on a live, pre-recorded and/or on demand basis, and allows users to select from a variety of content options including certain audio, graphics, photos, special features, television programs, and other video content (collectively, the "Content") in accordance with these Terms and Conditions, and the subscription you have purchased.
Different Content may be available to different subscription levels, and the Content available may change over time. You may consult the directory of currently available Content on our website at www.tsn.ca.
Your ability to stream the Content may be subject to certain content security requirements ("Content Security Requirements") set out in the TSN FAQ (available on our website at www.tsn.ca) which Content Security Requirements are incorporated into these Terms and Conditions by reference.
Certain Content may be made available to you for viewing for a limited time. The availability of the Content will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service or access to the Content, including through one or more subscription plans.
While we will attempt to keep the Content descriptions up-to-date, we do not warrant that they will be complete, current or accurate. Bell Media and its service providers, suppliers, and licensors, and each of their respective directors, officers, employees and agents are not responsible for and do not accept any liability whatsoever for any issues related to your right to use the Service, your access to the Content, or the suspension or termination thereof.
Information provided on a site or through the Service may contain references or cross-references to Bell Media products and services that are not available in your local area and Bell Media makes no representations or warranties as to the availability of those products and services in your local area and any references do not imply that Bell Media intends or is able to provide those products or services in your local area. Bell Media recommends that you consult with your nearest Bell Media location for information regarding the products and services which may be available in your local area.
13. RIGHT TO USE
Provided you continue to comply with these Terms and Conditions, you are hereby granted a limited, non-exclusive and non-transferable right and license to use, access and/or install the Service in accordance with the limited access privileges associated with your subscription through your registered account solely for your personal, non-commercial and entertainment use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
14. PROHIBITED ACTIVITIES
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms and Conditions, when using the Service.
Except as specifically permitted in the TSN FAQ (available on our website at www.tsn.ca), you acknowledge and agree that you may not:
- use the Service for anything other than your own personal, non-commercial and entertainment purposes. For greater certainty, and without limiting the generality of the foregoing, you may not charge for viewing the Service and you may not use the Service to attract others to buy goods or services from you or anyone else or to attract anyone to attend any premises;
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the Service or Content. For greater certainty, and without limiting the generality of the foregoing, you may not view the Service or the Content in circumstances where members of the public can view them simultaneously or authorize, enable, or procure any other person to do so;
- use the Service to share or distribute any Content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming, Airplay or any similar processes, except directly in connection with your own personal, non-commercial use of the Service for entertainment purposes;
- use the Service to engage in any activities that infringe intellectual property rights (e.g., peer-to-peer (P2P) file-sharing, posting, unauthorized streaming, making available, uploading, downloading, or any other distribution of content protected by intellectual property laws) or facilitate any such activities (e.g., use of eDonkey directory servers, BitTorrent trackers and/or websites that index and link to content served at a separate host);
- interfere or attempt to interfere with the operation of the Service, the Content, or the servers or networks connected to the Service including, through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to "crash" a host;
- circumvent or attempt to circumvent a blackout restriction applicable to the Service;
- circumvent, remove, alter, deactivate, or degrade any of the Content protections in the Service;
- copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs used in connection with the Service or the Content;
- copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Service;
- use or attempt to use the Service in a manner to avoid incurring charges for usage;
- use any data mining, robots, or similar data gathering and extraction tools on the Service, the Content or on any portion thereof, or frame any portion of the Service or Content, it being agreed that should we become aware that your device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the Service on your device;
- use the Service to access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access such as ‘packet sniffers’;
- use the Service to post, upload, e-mail, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
- use the Service to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; or
- use the Service to invade another person’s privacy, or to collect or store personal data about other users.
15. RESPONSIBILITY FOR MINORS
You must be the age of majority in the Canadian province or territory in which you reside in order to subscribe to the Service. In cases where you have allowed a minor to use the Service, you recognize that you are fully responsible for: (a) the conduct of such minor; (b) controlling the minor’s access to and use of the Service; and (c) the consequences of any use or misuse of the Service by the minor. You acknowledge that Content displayed or accessed through the Service may contain mature content that may be inappropriate for minors. We may offer tools that are intended to assist you in controlling the Content a minor may view through your registered account, such as parental controls. However, you remain responsible for the use of the Service by the minor as described in this Section, and we cannot be held responsible for any error in, failure of, or circumvention of such tools. We recommend that you always monitor the Content the minor views and do not rely solely on tools such as parental controls.
16. CONTENT SUPPLIERS
You acknowledge and agree that our content suppliers are third party beneficiaries of these Terms and Conditions. This means that, upon your acceptance of these Terms and Conditions, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions directly against you.
17. THIRD PARTY SOFTWARE
There are software programs and technology contained within, or available through, the Service that have been licensed to Bell Media by third parties (collectively, “Third Party Software”). Third Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that neither Bell Media, nor the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms and Conditions apply to the Third Party Software contained in the Service.
18. THIRD PARTY APPLICATIONS
Your use of the Service and/or access to the Content may be provided to you through third party websites, platforms and portals including social networking sites and digital storefronts (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of those Third Party Platforms. Bell Media does not monitor or control these Third Party Platforms and does not assume any responsibility or liability for your use of such Third Party Platforms. You access these Third Party Platforms at your own risk. The presence of a link to Third Party Platforms does not constitute or imply Bell Media’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Third Party Platforms.
19. MATURE CONTENT
Content displayed or accessed by, through or in the Service may contain mature content, which may not be appropriate for all users. Where possible, Content is rated according to guidelines established by the appropriate Canadian governing authority. However, some Content may not be rated and may contain violence, sexual content and mature themes. Adult and mature Content is only intended for users who are the age of majority in the Canadian province or territory in which they reside, or users who have received consent from a parent or guardian.
You acknowledge and agree that your account may have access to adult or mature content and/or content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that access to and use of the Service and the Content is at your sole risk, and that we have no liability to you or anyone who uses or views the Service, whether through your account or otherwise, for the type of Content accessed.
20. INTELLECTUAL PROPERTY RIGHTS
The Service and the Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, or other proprietary rights. You acknowledge and agree that you have no ownership rights in the Service or the Content, and you only have a limited license to access and use the Service for private, non-commercial and entertainment purposes and, in certain cases, a limited right to view the Content.
Except as expressly provided, nothing in these Terms and Conditions or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver, or otherwise.
TSN Direct and related names, logos and images, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected as registered or unregistered trademarks or trade names owned by or licensed to Bell Media (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view the Content in accordance with these Terms and Conditions.
22. SERVICE UPDATES
Bell Media may choose to make available updates, upgrades or other changes or enhancements to the Service (“Service Updates”). Service Updates may be: (a) optional, in which case you will receive information and instructions to authorize Service Updates; or (b) mandatory, in which case you must consent to the Service Update for continued access to the Service. In addition, we reserve the right to test features and functions of the Service, including user interfaces, service levels, promotional features, and availability and delivery of Content. By using the Service, you agree that we may include you in or exclude you from these tests without notice.
(a) General: You may be required to download software applications or other forms of content including files, images or data (“Software”) in order to access or use the Service. The Software is made available to you by us or third parties subject to the following terms and conditions, and any terms and conditions made available to you during the installation process.
(b) License Grant: Bell Media and such third parties grant you a non-exclusive, limited, personal and non-transferable, revocable, license, subject to your compliance with these Terms and Conditions, to install and use the Software in executable form solely in connection with the Service on such number of Internet-connected computers and other compatible devices as specified in the Technical Requirements.
(c) Limitations: You agree that the Software is licensed to you by us or third parties for your personal and non-commercial use only, and you must:
- not modify the Software;
- maintain all copyright and other proprietary notices contained with or displayed on the Software;
- not create any derivative works of the Software;
- not transmit or make the Software available over a network where it could be used by multiple computers or devices at the same time;
- not make any Third Party Software contained in the Software a standalone product;
- not take any action that will infringe on the intellectual property or other proprietary rights of Bell Media or third party licensors; or
- not copy, redistribute, sell, rent, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
(d) All Rights Retained: Bell Media or the applicable third party shall retain full and complete title to the Software and all intellectual property rights therein. You agree that it is your responsibility to review and evaluate the Software and any terms and conditions presented to you during the installation process, and that all risk associated with the use of, or reliance on, the Software rests with you.
(e) Support: We may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, "Support"), in our sole discretion, and may terminate this Support at any time without notice to you. In addition:
- we may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature or function;
- we may impose limits on certain features and functions or restrict your access to parts or all of the Software or the Service without notice or liability;
- we, our licensors, and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that we or third parties deem sufficient in their sole discretion at any time, without notice; and
- nothing in these Terms and Conditions imposes upon us or our licensors any obligation to provide you with new, enhanced or additional Support at any time.
(f) No Liability: You agree that Bell Media, including our suppliers, shall not be, to the extent permitted by applicable law, responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
(g) Apple: If you have downloaded Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
You agree and acknowledge that these Terms and Conditions are concluded between you and Bell Media only and not with Apple and that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or macOS ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes Application Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and Conditions. In the event of any failure of the Software to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the Software (if any), and that to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be Bell Media’s sole responsibility. Please note that to the extent permitted by applicable law, Bell Media has disclaimed all warranties.
Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party’s intellectual property rights. In the event of any third party claim that the Software or the user’s possession and use of that Software infringes a third party’s intellectual property rights, Bell Media, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof.
You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Microsoft: The following additional terms apply in relation to certain Microsoft Corporation products and content-protection technology:
If you are accessing the Service through a Microsoft product, including a Microsoft Xbox 360, Xbox One, or other game console, or a Windows 8.1 device, you acknowledge and agree that the Service and the Content are provided to you solely by Bell Media and not the Microsoft Corporation. Further, you acknowledge and agree that the Microsoft Corporation shall not be held liable under any theory of liability for any claims related to the Service, the Content, or these Terms and Conditions.
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Service uses PlayReady technology to protect certain PlayReady-protected Content. If the PlayReady technology fails to protect such Content, the Content owners may require the Service to restrict or prevent the delivery of their Content to specified digital devices and/or software applications. In certain cases, Content owners may require you to upgrade PlayReady to continue to access their Content. If you decline an upgrade, you will not be able to access the Content that requires the upgrade and you may not be able to install other operating system updates or upgrades.
24. CONTENT LINKED TO THE SERVICE
Please note that certain links made available via the Service may take you to third party websites. We provide these links only as a convenience. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page that is not part of a Bell Media website and under our control. Unless otherwise expressly provided, we make no representation or warranty regarding, and do not endorse, any linked site or the information, products or services appearing on it. Accordingly, you agree that we will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Service, or compliance of the site with any legal obligations with respect to privacy or other applicable laws.
25. SUSPENSION AND TERMINATION
In addition to Bell Media’s termination rights for cause under Section 25, Bell Media may cancel your subscription to the Service upon no less than thirty (30) days (if you are a resident of Quebec or Newfoundland and Labrador, sixty (60) days) advance written notice to you. You may cancel your recurring subscription by calling us at 1-833-TSN-HELP (876-4357), or by sending us a written, dated notice to firstname.lastname@example.org, or by cancelling your subscription online on our website at www.tsn.ca. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. You must have a subscription to the Service to receive access to any and all Content. If you cancel your subscription to the Service then, in accordance with these Terms and Conditions, you will cancel your access to any and all Content, including any premium Content or add-ons. Depending on the offerings and features you have selected, you may be able to cancel certain of the offerings and features associated with your account without cancelling your subscription. For further information on the offerings and features associated with your account, and your ability to cancel, visit our website at www.tsn.ca/account or contact us using the information provided in Section 37.
27. INFORMATION ACCESS
The Service may provide us with limited access to your device to provide us with information related to your use of the Service, including Content viewed, amount of time viewed, and general information regarding your device (such as a unique device identifier, your operating system, existing software, amount of available storage space and connectivity and your interaction with the Service). This information, together with any other information you provide to us through your registration for, and subscription to, the Service and/or your use of any of its features, will, among other things, enable us to:
- enforce these Terms and Conditions,
- manage rights associated with the Content,
- generate usage and performance data concerning your use of the Content and the Service,
- deliver interest-based advertising to you,
- collect information for security purposes,
- help you use the Service more effectively, and
- otherwise help us to enhance and improve the Content and the Service.
28. COOKIES AND SIMILAR TECHNOLOGIES
By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Please note that disabling cookies may impair the functionality of the Service and/or the website, either fully or in part, and may prevent you from using certain Service or website features, services or applications. Consult each individual browser’s “help” feature for more information.
29. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE, THE CONTENT, ANY PARENTAL CONTROLS, THE SOFTWARE, INFORMATION, AND ALL MATERIALS ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT, ANY PARENTAL CONTROLS, THE SOFTWARE, OR THE SERVICE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE, THE SOFTWARE, ANY PARENTAL CONTROLS, OR THE CONTENT WILL BE NON-INFRINGING, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO PROVIDE NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF THE SOFTWARE, ANY PARENTAL CONTROLS, ANY CONTENT, INFORMATION, MATERIALS, OR THE SERVICE.
You agree to defend (at our option), indemnify and hold harmless each of Bell Media and its service providers, suppliers, and licensors, and each of their respective officers, directors, employees and agents, including all third parties mentioned on, or included in, the Service, from and against any and all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any provision of these Terms and Conditions; (b) your use of the Software; (c) your violation, alleged violation or misappropriation of any intellectual property right; or (d) any content submissions, including Contributions, made through the Service by you or anyone using your registered account.
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
31. LIMITATION OF LIABILITY
(a) NOT APPLICABLE TO RESIDENTS OF QUEBEC: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BELL MEDIA DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BELL MEDIA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BELL MEDIA HAS BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(b) APPLICABLE ONLY TO RESIDENTS OF QUEBEC: EXCEPT FOR DAMAGES RESULTING FROM BELL MEDIA’S OWN ACTS, BELL MEDIA WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, INFORMATION, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ASSOCIATED PROFILES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, THE SOFTWARE, THE CONTENT, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
(c) You expressly acknowledge that we make the Service, Software and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms and Conditions, and that these form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms and Conditions.
32. SUBMISSION OF CONTRIBUTIONS
In regard to any comments, information, videos, photographs, ideas, concepts, reviews, or techniques or any other material contained in any communication that you may post, upload or submit to us (“Contributions”), should any such features be made available to you, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such Contributions in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all "moral rights" in any such Contributions posted, uploaded or submitted by you. You also confirm to us that: (a) the Contributions are wholly original to you; (b) no one else has any rights in the Contributions; (c) the Contributions do not contain confidential or proprietary information; and (d) we are free to implement the Contributions, if we so desire, as provided by you or as modified by us, without obtaining further permission from you or permission or a license from any third party and without any additional consideration of any kind.
Bell Media is not obligated to and does not regularly review, pre-screen, monitor, delete, or edit Contributions (if any). However, Bell Media reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any Contributions, in whole or in part, with or without notice. Bell Media is not responsible or liable for damages of any kind arising from any Contributions even when Bell Media is advised of the possibility of such damages, or from Bell Media’s alteration or deletion of any Contributions.
33. INVESTIGATIONS AND VIOLATIONS
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE AND HOLD HARMLESS BELL MEDIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BELL MEDIA DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BELL MEDIA OR LAW ENFORCEMENT AUTHORITIES.
34. GOVERNING LAW AND JURISDICTION
The Service is controlled, operated and administered by us from our facilities within Canada. We make no representation or warranty that the Service is appropriate or available for use at any locations outside Canada.
If you are not a resident of Quebec, these Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
If you are a resident of Quebec, these Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue.
35. GENERAL PROVISIONS
36. BINDING ARBITRATION
This Section 36 does not apply to individuals who reside in Quebec, Ontario, or Saskatchewan.
Subject to applicable laws, any controversy or claim arising out of or relating to the Service or these Terms and Conditions, or any alleged breach hereof, shall be settled at the request of either party by binding arbitration in the city in which you reside pursuant to the current laws relating to commercial arbitration in the province or territory in which you reside. One arbitrator specializing in the resolution of commercial disputes shall hear the arbitration and determine a final and binding resolution of the dispute. In the event the parties cannot agree to the appointment of a single arbitrator, the request for such appointment shall be referred to court and such appointment shall be decided by a Master or Judge, as applicable. The prevailing party shall be entitled to out-of-pocket reasonable costs and expenses incurred by such party, including reasonable lawyers’ fees. You expressly waive the right to resolve any dispute through any other means, including by trial. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to grant pre-arbitral injunction or other temporary or interim relief.
37. CONTACT TSN DIRECT
If you have comments or questions about the Service, please call us at 1-833-TSN-HELP (876-4357) or send us an email to email@example.com or mail us at Bell Media Inc., 299 Queen Street West, Toronto, Ontario M5V 2Z5, Attention: Bell Media Communications.