You have accessed the Website onviva.tv by ONVIVA Broadcasting Corporation (hereafter referred to as “Provider”).
By accessing this Website, you are agreeing with Provider to be bound by the following terms (the “Terms and Conditions for Use”) for this Website and to be responsible for compliance with any applicable local laws and regulations.
The Terms and Conditions for Use includes this preamble as well as:
If you do not agree with the entirety of the Terms and Conditions for Use, you are immediately prohibited from any use of, or further access of, the Website.
The materials contained in this Website are protected by applicable copyright and trademark law.
1. Use License
1.1 Content rights
The Website contains material that is derived in whole or in part from material supplied and owned by Provider as well as third parties (“Content”). The Provider owns or has the license to distribute all Content as provided on this Website.
Your access to this content does not transfer any right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Content. You acknowledge Provider’s valid intellectual and proprietary property rights in the Content and that your use of the Website is limited to the access, viewing and downloading of Content, all solely as authorized by Provider. Your rights do not extend to content which is restricted via subscription, password, or other means of which you are not otherwise authorized to access.
Nothing in these Terms and Conditions for Use shall be deemed to convey to you any right, title or interest in or to the Website or Content or to any portion thereof except for the limited rights expressly granted herein.
1.2 Circumvention and alteration
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent:
(i) any copyright, trademark, or other proprietary notices marked on the Website or Content,
(ii) any Digital Rights Management (“DRM”) mechanism, device, or other content protection or access control measure associated with the Website or Content, or
(iii) any advertisement on the Website and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Website or Content unless expressly permitted by Provider in writing.
You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Website or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Website with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Website. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Website or Content, whether or not for profit.
1.3 Embedding content
To the extent that Provider has provided you with written permission to embed content via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without:
(i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and
(ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
1.4 Social networks
You understand and agree that the Website may include integration with social network(s) such as, but not limited to Facebook, LinkedIn, Twitter, and/or Instagram (“Social Network”). If you have linked your account on this Website with a Social Network, or if you explicitly click on any of the social links on this Website your activities (e.g., video viewing, interactions with members and/or advertisers) may be posted to these social networks.
Where our Website contains a plug-in to a Social Network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant Social Network. The Social Network directly transmits the content of the plugin to your browser. If you are registered on the relevant Social Network and logged into your respective account, the Social Network receives certain relevant information about the Content and the specific page that you are viewing.
If you interact with a Social Network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus "1+" button or equivalent) or comment on the appropriate web page, the corresponding information is directly transmitted to the relevant Social Network from your browser. If you are not registered with the Social Network or you are logged out before you visit our Website, there is the possibility that at least your IP address will be submitted to and stored by the Social Network.
If you link your account with a Social Network account you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.). The information that you share with us will be listed when you link your account.
1.5 Wireless devices
The Website may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the Website’s features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (the “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
1.6 Pay-per-view and subscriptions
Purchases of events or subscriptions of any virtual items made available on the Website are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in the event or subscription, which remain Provider Content. Provider may also immediately suspend or terminate the rights we grant you to events or subscriptions for any or no reason, in our sole discretion, and without advance notice or liability. We may modify events or subscriptions at our sole discretion, and such modifications may make the event or subscription more or less common, valuable, effective, or functional.
We do not recognize the transfer of events or subscriptions (including for “real” money or any other consideration or items of value whether inside our outside of the Website). Accordingly, you may not purchase, sell, barter, or trade any event or subscription, or offer to purchase, sell, or trade any event or subscription. Any such attempted transfer will be null and void.
If we suspend or terminate any event or subscription, then you will forfeit the suspended or terminated event or subscription, except as may be set forth in any additional terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any event or subscription, or for loss or damage due to error, or any other reason.
Provider reserves the right to refuse sale of any event or subscription for any reason or no reason.
1.7 Account registration
You must complete a registration form to subscribe to all applicable services and to open a related account. As part of the registration process, you must select a user name and password. You must also provide certain registration information, all of which must be accurate and complete.
By registering for a service, you warrant that:
(i) you are of age of majority in the jurisdiction in which you reside;
(ii) all information you submit is true and correct (including without limitation all credit card information); and
(iii) you are the card holder of the credit card.
Provider reserves the right to refuse registration to any party for any reason or no reason.
1.8 Accuracy of user data
If you establish an account with Provider, you agree to provide true, accurate and current data in connection with that account.
1.9 Sharing of user accounts
User accounts are for your sole use only. Any usernames and passwords used for this Website are for individual use only and are not to be shared.
1.10 Account security
You agree to immediately notify Provider of any known or suspected unauthorized use of your password or account(s) or any other breach of security including loss, theft, or unauthorized disclosure of your password or credit card information.
You will promptly change your password upon any loss, theft or unauthorized disclosure of your password. To ensure the security of your account(s) you should not use the same username and password that you have used or use elsewhere.
You are responsible for maintaining the confidentiality of your password and for all usage or activity on your account(s), including use of the services by any third party authorized by you to use your user name and password. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party's use) of the services.
In the event of any fraudulent, abusive or otherwise illegal activity on your accounts, Provider may, in its sole discretion, terminate your accounts and forward any relevant account information to appropriate law enforcement agencies. You may be responsible for damages resulting from any such fraudulent, abusive or otherwise illegal activity.
You agree to pay all subscription fees, event fees, and other charges to your account(s), including applicable taxes, in accordance with billing terms in effect at the time each fee or other charge becomes payable. Provider reserves the right to change the amount of, or the basis for determining, any event or subscription fees or other charges for the pay services and to institute new subscription fees or other charges at its sole discretion with or without notice. You must provide Provider, and their billing partners, with valid credit card information.
All sales are final. There are no refunds of any kind to customer debit or credit cards; PayPal; eCheck; or other payment methods.
1.12 Supported devices
Only the following devices and browsers are supported for pay-per-view viewing:Windows - Internet Explorer 11 (or newer); Windows - Chrome 36 (or newer); Windows - Firefox 30 (or newer); Mac - Safari 6.1.6 (or newer); iPad - 2 or later (iOS8 or newer); iPhone - 5 and later (iOS8 or newer); Android – (OS 4.4 or newer)
Only one device may be logged into a user account at any one time.
The materials on the Website are provided "as is". Provider makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Provider does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this Website.
In no event shall Provider or its suppliers be liable for any damages (including, without limitation, any damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if Provider or a Provider authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you
You agree to defend, indemnify and hold harmless Provider, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from
(i) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Provider or their service provider’s servers, and/or from any and all use of your account(s);
(ii) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy;
(iii) any misrepresentation made by you in connection with your use of the online services; and
(iv) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the Website.
1.16 Reservation of rights
Provider reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Website and/or any software, facilities and services on this Website, with or without notice, and/or to establish general guidelines and limitations on their use.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Provider may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Website, or remove and discard any user content or information stored, sent, or received via the Website without prior notice and for any reason or no reason, including, but not limited to:
(i) permitting another person or entity to use your identification to access the Website,
(ii) any unauthorized access or use of the Website,
(iii) any violation of these Terms of Service, or
(iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Website. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the Website shall not affect any right or relief to which Provider may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Provider and its licensors and all rights granted by you to Provider shall survive in perpetuity.
1.19 Revisions and errata
The materials appearing on the Website could include technical, typographical, or photographic errors. Provider does not warrant that any of the materials on the Website are accurate, complete, or current. Provider may make changes to the materials contained on the Website at any time without notice. Provider does not make any commitment to update the materials.
Provider has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Provider of the site. Use of any such linked website is at the user's own risk.
1.21 Modification of these terms
1.22 Governing laws
Any claim relating to the Website shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions.
Your privacy is important to us and this policy identifies how we collect, use, disclose, transfer and store your personal information.
2.1 Collection and use of personal information
Personal information is data that can be used to identify an individual. When you visit the Website and register for a pay-per-view event, subscription or series, you will be asked to provide us with personal information for the purpose of billing.
Provider will be sharing this information with a third party registered billing affiliate and use it for the purpose of collecting payment from you.
2.2 What personal information we collect
If you choose to register for a pay-per-view event, subscription, or series you will be required to create an account by providing us with the following personal information:
- Your email address
- Your Name
- Your full address
- You will also be required to create a password.
If you choose to purchase a pay-per-view event, subscription, or series, you will be redirected to our billing affiliate and will be required to provide them with:Credit card number Credit Card expiry date Credit card security code (located on the back of your credit card).
2.3 How we use your personal information
The personal information we collect is used for the sole purpose of billing you for a pay-per-view event, subscription, or series you are purchasing from the Website.
We will store your personal information to comply with Canadian tax regulations and to provide you with a proof of purchase receipt.
Your credit card information will not be stored by us or our billing affiliate unless you choose to use express checkout. In the case you elect to use express checkout our billing affiliate will store your credit card information for the sole purpose of enabling this functionality. You have the option to request our billing affiliate to delete this information if you no longer wish to use express checkout.
2.4 Cookies and other tracking technologies
Some of our Website pages may utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about website activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a website user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
We use Google Analytics, including Google Analytics Demographics and Interest Reporting to provide us with anonymized reports of our website traffic. In accordance with Google Analytics’ policies we do not combine any of the personal information you provide with us with the aggregated anonymous data provided by Google Analytics.
You can opt-out of Google Analytics’ data collection via their opt-out management page.