Terms of Use

Last Updated: 2 July, 2024

Please read these Terms of Use carefully. Use of this platform signifies your agreement to the Terms of Use.

Welcome to AMI. This website, mobile app or digital platform (the “Platform”) is owned and operated by Accessible Media Inc. (“AMI”, “we”, “us” and “our”). These terms of use (“Terms of Use”) represent an agreement between AMI and users or visitors (“you”) to the Platform, regardless of how you access or use it, whether via computer, mobile device or otherwise.

By using any Platform on which these Terms of Use appear, you signify your agreement to be bound by these Terms of Use and our Privacy Policy. If you do not agree with the Terms of Use or Privacy Policy, please do not use the Platform.

We may modify, revise or update the Terms of Use at any time by updating this posting. By using the Platform following any such modification or revision, you agree to be bound by such modification or revision. We recommend that you consult the Terms of Use each time you use the Platform.

For information on how your information may be collected, used and disclosed by AMI in connection with your use of the Platform, please consult our Privacy Policy.

DISCLAIMER

We make no representation that the information contained in this Platform or your access to it is appropriate for you. You are responsible for compliance with local laws which apply at your point of access.

We may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of any feature of this Platform or impose limits on certain of its features, including restricting your access to all or parts of the Platform. In the event of termination, you agree that you will destroy all materials you have downloaded or copied from this Platform.

RESTRICTIONS ON USE OF CONTENT

The Platform is owned and operated by AMI. Unless otherwise indicated, the content including without limitation, all logos, texts, graphics, images, soundtracks, videos, and the collection, organization, arrangement and assembly of the content of this Platform (individually or collectively, the “Content”) is the property of AMI or our licensors and is protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations.

No Content from this Platform, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without AMI’s prior written consent, except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of AMI’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any Content on any other website or networked computer environment for any purpose is prohibited.

In the event you download software from the Platform, the software including any files, images incorporated in or generated by the software and data accompanying the software (together, the “Software”) are non-exclusively licensed to you by AMI. AMI does not transfer title in and to the Software to you. As between you and AMI, AMI retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

Your unauthorized use of the Platform may violate applicable laws and we reserve all rights to pursue any remedy we may choose.

ACCEPTABLE PLATFORM USE

General Rules

You may not use the Platform in order to copy, reproduce, republish, upload, post, transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of AMI or others or violate the privacy, publicity or other personal rights of AMI or others; or (c) that is defamatory, obscene, threatening, abusive or hateful. You may use the Platform only for lawful purposes and in compliance with the Terms of Use.

Platform Security Rules

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Platform, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.

AMI will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

ADDITIONAL TERMS FOR MOBILE APPLICATIONS

The following additional terms apply to any mobile application version of the Platform (the “App”).

Parties & Third Party Beneficiaries

These Terms of Use are between you and AMI only. Unless otherwise provided herein, these Terms of Use do not and are not intended to confer any rights or remedies upon any person or entity other than you. Where an App version of the Platform is provided, AMI is solely responsible for such App, including all services provided via the App.

If you download the App via a third-party application store, the provider of such third-party application store shall be a third-party beneficiary to these Terms of Use and have the right to enforce these Terms of Use against you as a third party beneficiary. However, these third-party beneficiaries are not a party to these Terms of Use.

You acknowledge and agree that your access to the App using a third-party application store shall also be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the App (for example, the Roku Channel Store).

You acknowledge that the third-party beneficiaries have no obligation whatsoever to furnish any maintenance and support services with respect to the App. You further acknowledge and agree that to the extent you have any claim arising from or related to your use of the App, in no event will the third-party beneficiaries be responsible for any claims relating to the App, including but not limited to (a) intellectual property claims, (b) product liability claims, or (c) any claims arising under consumer protection or similar legislation.

Mobile Network

When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply and you will be responsible for all such charges. Downloading, installing or using the App may be prohibited or restricted by your network provider and the App may not work with your network provider or device.

Software Updates

We reserve the right to provide updates, new versions, and revisions, and make changes, corrections, and/or improvements (collectively “Updates”) to the App. By downloading, installing, starting or using the App, you agree to receive automatic software Updates, including any files that are automatically delivered to you by us (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the App.

NON-SOLICITATION POLICY

The sender of any communications to this Platform or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness, accuracy and adherence to copyright and other intellectual property laws.

In your communications with us or postings on the Platform, please keep in mind that we do not seek any unsolicited ideas or materials for script and concept development, audiovisual content, products or services, or suggested improvements to the foregoing (collectively, “Unsolicited Ideas and Materials”). We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Platform or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing audiovisual content, goods or services.

Any personal information in electronic communications to this Platform is governed by our Privacy Policy.

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Platform, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Platform; and (c) the consequences of any misuse by the minor.

TERMINATION

This Terms of Use will terminate immediately without prior notice from AMI, if in AMI’s sole discretion you fail to comply with any term or provision of this Terms of Use, if you are a repeat infringer of the rights of AMI or any third party, or if you engage in conduct that is illegal, torturous or that interferes with the technological operation of the Platform. Upon termination, you must destroy all Content obtained from the Platform and all copies thereof, whether made under these Terms of Use or otherwise and you are no longer authorized to access the Platform or that part of the Platform affected by such termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. AMI shall not be liable, obligated or otherwise responsible to any party for damages arising from such termination. AMI reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.

LINKS TO OTHER DIGITAL PLATFORMS

The Platform may contain links to third party websites, apps or other digital platforms. These links are provided solely as a convenience to you and not as an endorsement by AMI. AMI is not responsible for the content of linked third-party websites, apps or platforms and does not make any representations regarding the content or accuracy of content on such third party websites, apps or platforms. If you decide to access linked third party websites, apps or platforms, you do so at your own risk and these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy policies, of any third party website, app or digital platform to which you navigate from our Platform.

THIRD PARTY MATERIAL

AMI may, in our sole discretion, post material, advertisements, links and other promotional material of third parties on the Platform (“Third Party Material”). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by AMI, and AMI is not responsible for any Third Party Material. Your correspondence or dealings with these third parties found on the Platform are solely between you and such third party. You agree that AMI shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. With regard to services or products purchased or obtained by you from someone other than AMI, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products.

NO WARRANTIES

AMI makes no representations or warranties with respect to this Platform or its Content, which are provided for use on an “as is, where is” basis and “as available.” Except where excluded by applicable law, AMI disclaims all representations, warranties, and conditions, express or implied, or arising by statute, usage, custom or otherwise, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, with respect to the Platform and any website, app or other digital platform with which it is linked. AMI does not warrant the functions, information or links contained on this Platform or that its Content will meet your requirements, that this Platform or its Content are fit for any particular purpose, or that the operation of this Platform or its Content will be uninterrupted or error-free, that defects will be corrected, or that this Platform or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots or other harmful components. AMI does not warrant or make any representations regarding the use or the results of the use of the Content on the Platform in terms of its correctness, accuracy, reliability, or otherwise.

In accessing this Platform or any other you assume all risk associated with any viruses, worms, Trojan horses, cancelbots and other destructive items. You should take any necessary precautions before you access this Platform in respect of any such potential risks.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall AMI be liable for any special, incidental, consequential, compensatory, direct or indirect damages, loss of data, income or profit or damage to property that result from your use of, or your inability to use, the Platform, even if AMI or an AMI authorized representative has been advised of the possibility of such damages. Except where excluded by applicable law, in no event shall AMI’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Platform.

INDEMNITY BY USER

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AMI, our officers, directors, employees, affiliates, parents, subsidiaries, related entities and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Platform or your breach of these Terms of Use. AMI shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

JURISDICTION

By accessing the Platform, you agree that the laws of the Province of Ontario (and the laws of Canada applicable therein) will apply to all matters relating to your use of this Platform, without regard to rules relating to conflict of laws. AMI makes no claims that the Content may be lawfully viewed or downloaded outside of Canada. Access to Content may not be legal by certain persons or in certain countries. If you access the Platform from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of such jurisdiction.

RELATIONSHIPS

The relationship between AMI and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Platform.

SEVERABILITY

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by AMI as set forth above.

The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

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