Bell Video Store: Canada's Video Download Store

BELLVIDEO STORE SERVICE– SERVICE AGREEMENT

WELCOME TO THE BELL VIDEO STORE SERVICE AVAILABLE AT www.bellvideostore.ca. LIMITED USE OF THIS SITE IS OFFERED TO YOU BY BELL CANADA , SUBJECT TO YOUR ACCEPTANCE OF THE SERVICE AGREEMENT. BY USING THIS SITE, YOU AGREE TO THE SERVICE AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

IF YOU WOULD LIKE TO USE THE SERVICE OR ANY OF THE DOWNLOADED CONTENT (DEFINED BELOW), YOU MUST READ AND AGREE TO BE BOUND BY THE SERVICE AGREEMENT BEFORE DOING SO. IF YOU DO NOT AGREE TO THE SERVICE AGREEMENT YOU WILL NOT BE ABLE TO USE THE SERVICE OR ANY OF THE DOWNLOADED CONTENT.

1. The Service. The Bell Video Store service is a video download service accessible at www.bellvideostore.ca provided by Bell Canada (“Service”) that
offers downloads of digitized versions of movies, television shows, music videos, sporting events, news events and other video content (“Downloaded Content”) under certain terms and conditions as set forth in this Agreement. “You” and “your” means, as applicable, you and every person who uses the Service through your account.

2. Account and Password. Certain features or services available on or through the Site require you to register and open an account, including setting up a username and password and providing certain information. It is your sole responsibility to maintain and update your information with Bell Canada to keep it accurate, current and complete and to maintain the confidentiality and security of your account information, including your password. You are solely responsible for any purchases and any other activity that occurs under your account. You will notify Bell Canada immediately of any unauthorized use of your account or password or any other security breach. You may be held liable for any loss or damage incurred by Bell Canada or any other user or visitor to the Site due to another party using your account or password.

3. Authorized Devices. You may only download and view the Downloaded Content on a personal computer (lap top or desk top) or other device authorized by Bell Canada from time to time that meets the minimum system requirements that Bell Canada may establish from time to time (“Authorized Device(s)”).

4. Software. In order to download and view the Downloaded Content on the Authorized Devices you will need to install the Bell Media Player software (“Software”) on the Authorized Devices. The Software may need to be upgraded from time to time and we recommend that you install upgrades that are made available to you. If Bell Canada determines that an upgrade is necessary to comply with applicable law or to protect the rights, property or safety of Bell Canada or others, a particular upgrade may be required before continuing to use the Service and the Downloaded Content. Alternatively, Bell Canada may automatically upgrade the Software that you are using and you consent to such automatic upgrading.

5. License to Software and Downloaded Content. Subject to the terms and conditions of this Agreement, Bell Canada grants you a non-exclusive, non-transferable, revocable, limited right and license to:

a. download and use the Software in association with the Service and the Downloaded Content; and

b. retain a copy of the Downloaded Content and view, use and privately display the Downloaded Content on up to three (3) Authorized Devices;

in each case for your personal and non-commercial use, excluding any public presentation (for example, presentation in an eatery or dorm.

You may make a back-up copy of the Downloaded Content on removable media or on an external hard drive to play on your Authorized Devices only.

6. Restrictions. Except as otherwise expressly permitted herein, you will not:

reverse engineer, modify, translate, create derivative works, decompile or disassemble the Site, Service, Software or the Downloaded Content, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the Software or the Downloaded Content than expressly permitted in this Agreement;
publish or otherwise make the Software or the Downloaded Content available for others to copy;
sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site, Service, Software or the Downloaded Content;
use the Site, Service, Software or the Downloaded Content for any commercial purposes or for any illegal purposes;
remove any proprietary notices from the Software or the Downloaded Content;
attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Site, Service, Software or the Downloaded Content;
interfere or attempt to interfere with the operation of the Site or Service in any way through any means or device, including spamming, hacking, uploading computer viruses or time bombs;
take any wrongful action in order to obtain any service to which you are not entitled;
probe, scan or test (or attempt to do so) the vulnerability of the Site or the Service;
frame or link to the Site;
use the Service to invade the privacy of or obtain personal information about any Bell Canada account holder or user or to obtain a list of Bell Canada account holders or users;
use the Service to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful,hateful or otherwise objectionable;
counterfeit or paste content from the Site to any other web site or web page;
publicly display any portion of the Service or the Downloaded Content, or any videos or other audiovisual or digital works available at the Site without a written sublicense signed by Bell Canada ;
violate any applicable domestic or international export laws and regulations that apply to the Software; or
use any data mining, robots, or similar data gathering and/or extraction tools in connection with the Service.

7. Ownership. Except for the limited rights explicitly granted to you in this Agreement, all right, title, interest and intellectual property rights in and to the Software, any related materials and copies of the Software are owned by Bell Canada , its licensors or its suppliers. Except for the limited rights explicitly granted to you in this Agreement, all right, title, interest and intellectual property rights in and to the Service and the Site and each component thereof, and any content available through the Service and the Site, including the Downloaded Content, are the property of Bell Canada and/or its content providers and are protected by applicable copyright and/or other intellectual property laws and treaties. Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Downloaded Content as a result of downloading it. This Agreement does not grant you any rights in connection with any trade-marks of Bell Canada or its licensors and any unauthorized trade-mark use is strictly prohibited.

8. Payment. You will pay Bell Canada the applicable license fees, as well as any other fees identified to you upon placing your order for the Downloaded Content or otherwise identified to you from time to time, together with all applicable taxes. Bell Canada may change the fees from time to time. A late payment charge at the rate of 2% per month (26.82% per annum), which rate is subject to change by Bell Canada from time to time, will be applied from the bill date when payment has not been received by Bell Canada within 30 days of the bill date. You authorize Bell Canada to charge your credit card to collect any amounts due, including late payment charges. You will promptly notify Bell Canada of any changes to your credit card account, billing address or any other information necessary for payment collection.

9. Sales Final, Downloading of Downloaded Content. All sales of licenses to the Downloaded Content are final when you complete the order process for the purchase of the license to the Downloaded Content and all fees and charges are nonrefundable, except as otherwise set forth in this Agreement. Bell Canada recommends that you download the Downloaded Content promptly after purchase. You bear all risk of loss for completing the download of the Downloaded Content, for the quality of the Downloaded Content and for any loss of Downloaded Content that you have downloaded, including any loss due to file damage or corruption or computer problems. On occasion, delivery of your Downloaded Content may be delayed or prevented. Your sole and exclusive remedy with respect to Downloaded Content that is not delivered within a reasonable period will be either replacement of such Downloaded Content or a credit or refund of the fee paid for such Downloaded Content, as determined by Bell Canada in its sole discretion.

10. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELL CANADA , ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE USE OF THE SITE, THE SERVICE, THE SOFTWARE OR ANY DOWNLOADED CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS. THE SITE, THE SERVICE, THE SOFTWARE AND THE DOWNLOADED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELL CANADA , ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE USE, AVAILABILITY, ACCURACY, QUALITY, PERFORMANCE, RELIABILITY AND TIMELINESS OF THE SITE, THE SERVICE, THE SOFTWARE AND THE DOWNLOADED CONTENT.

11. Limitation of Liability. Except where prohibited by applicable law, in no event will Bell Canada, its affiliates, suppliers, licensors and agents be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential losses or damages, including lost profits or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement, the Site, the Service, the Software or any Downloaded Content, even if Bell Canada was advised of the possibility of damages or was negligent. If, notwithstanding the other provisions of this Agreement, Bell Canada is found liable to you for any damage or loss which results directly or indirectly out of this Agreement, the Site, the Service, the Software or the Downloaded Content, Bell Canada’s liability will be limited to direct damages which in no event will exceed fifty dollars ($50).

12. Indemnification. You agree to indemnify and hold harmless Bell Canada and each of its affiliates, directors, officers, employees, licensors and suppliers from and against any claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including without limitation reasonable legal fees and other litigation expenses) incurred by Bell Canada or its affiliates, directors, officers, employees, licensors or suppliers relating to: (a) the breach of any provision of this Agreement; (b) the use or inability to use the Site, the Service, the Software or the Downloaded Content; (c) your violation or alleged violation or misappropriation of any intellectual property right or non-proprietary right of any third party; (d) the posting or otherwise making available of Your Submitted Content (defined below) by you; or (e) the exercise of the license to Your Submitted Content provided by you in Section 13.

13. Content You Submit. If you post or otherwise make content, including without limitation notes, messages, ideas, available on areas of the Site or Service that are intended by Bell Canada to be available to the general public (“Your Submitted Content”), you grant Bell the world-wide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and communicate Your Submitted Content on the Site and Service and to incorporate it into other works in any format or medium now known or later developed with respect to the content. Bell reserves the right to move, remove or refuse to post any content in whole or in part that it determines is unacceptable or in violation of this Agreement. This license exists only for as long as you include Your Submitted Content on the Site or the Service and terminates when you remove or Bell Canada removes Your Submitted Content from the Site and/or the Service. Notwithstanding the foregoing, you hereby acknowledge and agree that Bell Canada, its affiliates, suppliers, licensors and agents may retain and use in perpetuity, any information, comments or ideas conveyed by you relating to the Site, the Service, the Software or any Downloaded Content. This information may be used to provide you with better service.

14. No Responsibility For Content. By using the Site and the Service you may find content, including the Downloaded Content that may be deemed obscene, offensive or otherwise objectionable. You agree to use the Site and the Service, at your sole risk and Bell Canada will have no liability for any content, including the Downloaded Content that may be found obscene, offensive or otherwise objectionable.

15. Links to Third Party Sites. This Site may contain links or other references to third-party Internet sites (“Third Party Sites”). The Third Party Sites are not under Bell Canada ’s control and Bell Canada is not responsible or liable for and does not warrant, endorse, sponsor or review the content of the Third Party Sites. You are solely responsible and liable for any interactions with the Third Party Sites.

16. Termination. Unless otherwise permitted by applicable law, you may terminate your Service and this Agreement at any time by providing Bell Canada no less than thirty (30) days advance notice at the points of contact referred to in Section 24. Unless otherwise stated in the Agreement, Bell Canada may terminate the Service, including your access to the Site and your license and access to the Software and the Downloaded Content, as well as this Agreement, upon thirty (30) days advance written notice to you. Bell Canada may terminate or suspend the Service, including your access to the Site and your license and access to the Software and the Downloaded Content, as well as terminate this Agreement, without notice, effective immediately, if: (a) you breach any provision of this Agreement (including your payment obligations); (b) you fail to pay any amount owed to Bell Canada when due; or (c) Bell Canada suspects your account is the subject of fraud, or unlawful or improper use. You will remain liable for any amounts incurred up to and including the date of termination.

17. Privacy. Your personal information will be protected by Bell Canada in a manner consistent with the Bell Customer Privacy Policy and the Bell Code of Fair Information Practices, available by visiting www.bell.ca/bellprivacy or by contacting Bell Canada at 310-BELL (310-2355). By using the Service and/or the Site or otherwise agreeing to this Agreement, you consent to the collection, use and disclosure of your personal information, as described in the above policy and practices. You may withdraw your consent at any time by using the opt-out form available at www.bell.ca/bellprivacy or by contacting Bell Canada at 310-BELL (310-2355).

18. Age. You must be at least 18 years of age or older to use the Site and the Service, including licensing the Downloaded Content and Bell Canada is relying on your representation to this effect.

19. Territory. The Site and the Service are available only to users located in Canada . If you are outside of Canada you are prohibited from using the Service or the Site.

20. Governing Law, Severability. Bell Canada is a federally-regulated undertaking and as such this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of this Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. Certain elements of the Service and the Site may be provided to you by third party service providers located outside of Canada and as such your use of the Service and the Site may be subject to the laws of foreign jurisdictions.

21. General. This Agreement, any and all policies or practices referenced herein, any order form or verification of order form, any invoice terms or any additional terms and conditions applicable to the Site, the Service, the Software or the Downloaded Content which may be provided to you or to which you may be directed in connection with the Site, the Service, the Software or the Downloaded Content, each as they may be amended or provided to you from time to time, constitute the entire agreement between you and Bell Canada with respect to the provision of and use of the Site, the Service, the Software and any Downloaded Content and supersede all prior agreements, written or oral, with respect to the same subject matter. If there is any inconsistency between this Agreement and any other document that forms part of the entire agreement between you and Bell Canada , the terms of this Agreement will prevail. Bell Canada ’s failure to enforce strict performance of any provision of the Agreement does not mean Bell Canada has waived any provision or right. Neither the course of conduct between Bell Canada and you nor trade practice modifies any provision of the Agreement. The Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Bell Canada ’s respective successors and assigns. You may not assign or transfer the Agreement without Bell Canada ’s prior written consent. Bell Canada may assign or transfer the Agreement or any of its rights or obligations hereunder without your consent. The provisions of Sections 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22 and 23 survive termination of the Agreement. The parties have required that this Service Agreement and all documents relating thereto to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

22. Modification, Amendments. To the extent permitted by applicable law, Bell Canada may modify the Site, the Service, the Software, the Downloaded Content and this Agreement, including any other document that forms part thereof, at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of fees or modification, amendment or termination of any feature of the Site or the Service. Bell Canada will notify you of any amendment or change to this Agreement or of any material change to the Service in advance by posting notice of such change on the Site, by sending you notice via email or by using any other notice method that will likely come to your attention. You agree to go to the Site periodically and to review this Agreement to be aware of such modifications. Nothing in this Agreement will be construed as obligating you to accept receipt of the Service after any change is made to the Service or this Agreement; however, to the extent permitted by applicable law, your sole remedy in the event that you do not wish to accept such change shall be cancellation of the Service (and termination of this Agreement) including the payment of any charges that may apply.

Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change.

Without limiting the generality of the foregoing, Bell Canada reserves the right to modify, suspend or discontinue the Service, the Site or any part thereof, at any time without notice to you and Bell Canada will not be liable to you should it exercise such rights, even if your use of the Downloaded Content is impacted by such change.

23. How to Contact Bell Canada . To contact Bell Canada regarding this Agreement, the Service or your account, you may do so at Sympatico Member Services, P.O. Box 70092, Ottawa, Ontario, K2P 2M3, by email to support@bellvideostore.ca , by telephone at 310-SURF (310-7873) or by fax: 1-800-714-8705.

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