1. Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. BY USING AND/OR VISITING THIS APPLICATION (collectively, including all Content available through the PICK TV application name, the "PICK TV App", or "Application"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS. If you do not agree to any of these terms, then please do not use the PICK TV application.
2. PICK TV Application
These Terms of Service apply to all users of the PICK TV Application. The PICK TV Application may contain links to third party video streams. PICK TV assumes no responsibility for the content, privacy policies, or practices of any third party video streams. In addition, PICK TV Application will not and cannot censor or edit the content of any third-party site. By using the Application, you expressly relieve PICK TV from any and all liability arising from your use of any third-party video streams.
3. Application Access
A. PICK TV Application hereby grants you permission to use the Application, provided that: (i) your use of the Application as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Application in any medium without PICK TV's prior written authorization; (iii) you will not alter or modify any part of the Application other than as may be reasonably necessary to use the PICK TV Application for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Application in a manner that sends more request messages to the PICK TV servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, PICK TV grants the operators of public search engines permission to use spiders to copy materials from the application for the sole purpose of creating publicly available searchable indices of the materials.
4. Intellectual Property Rights
All content posted on or otherwise accessible through this PICK TV Application is copyrighted. The content posted on this app and the copyright in the content is owned or controlled by PICK TV or their content providers. Any use, reproduction, broadcast, translation, publication or retransmission of the content, in whole or in part, is strictly prohibited without the prior written permission of PICK TV or the copyright holder. The names of products, services, companies and logos mentioned in the PICK TV Application may or may not be registered trademarks by their respective owners and protected accordingly, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. It is therefore prohibited to use any trademark (logo or any other name) appearing on this application without the prior written consent of PICK TV or the holder of the rights to this trademark. Content on the PICK TV Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PICK TV reserves all rights not expressly granted in and to the Application and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Application for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PICK TV Application or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PICK TV Application or the Content therein.
5. DISCLAIMER OF WARRANTIES
THE APPLICATION AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE APPLICATION YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. PICK TV MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICATION AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE APPLICATION AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE APPLICATION WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED; (V) THAT THE APPLICATION WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE APPLICATION WILL BE SECURE OR NOT INTERCEPTED.
6. LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PICK TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PICK TV APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED APPLICATION OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A VIDEO STREAMS LINKED TO THE APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
7. Indemnity
You agree to defend, indemnify and hold harmless PICK TV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PICK TV Application; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PICK TV Application.
8. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PICK TV without restriction.
9. Linking
The PICK TV Application contains links to third-party video streams. These links appears for information purposes only and are provided solely as a convenience to you and not as an endorsement by PICK TV of the contents of such third-party video streams. PICK TV is not responsible for the content of any third-party video streams, nor does it make any representation or warranty of any kind regarding any third-party video streams including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party video streams; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party video streams; or (iii) any representation or warranty that the operation of the third-party video streams will be uninterrupted or error free, that defects or errors in such third-party video streams will be corrected or that such third-party video streams will be free from viruses or other harmful components. While PICK TV encourages links to the video streams, it does not wish to be linked to or from any third-party video streams which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of PICK TV or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. PICK TV reserves the right to prohibit or refuse to accept any link to the video streams, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
10. General
You agree that : (i) the PICK TV Application shall be deemed solely based in Canada; and (ii) These Terms of Service shall be governed by the laws of the Province of Québec, without respect to its conflict of laws principles. Any claim or dispute between you and PICK TV that arises in whole or in part from the PICK TV Application shall be decided exclusively by a court of competent jurisdiction located in the province of Québec. These Terms of Use and any other legal notices published by PICK TV Application, shall constitute the entire agreement between you and PICK TV concerning the PICK TV Application. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PICK TV's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. PICKTV reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PICK TV Application following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PICK TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PICK TV APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
February 18th, 2021.