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Terms of Service
Last Updated: Januay, 1 st, 2019
These BCE Premium TV Terms of Service form a binding agreement (the “Agreement”) between BCE Premium TV, Inc. (“BCE Premium TV”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”, “you”, “your”).
The BCE Premium TV online video platform provides users (“Users”) with the ability to access and view a variety of audiovisual content and other information, data, and content (“Content”) through the BCE Premium TV website and other websites, web services, applications, and video players provided and operated by BCE Premium TV (the BCE Premium TV “Platform”).
The Platform, Content and additional services, functionality and resources (“Services”) made available solely under the terms of this Agreement. This Agreement is entered into between BCE Premium TV and You as of the earliest date You first access the Services or indicate your assent to this Agreement, as set forth below (the “Effective Date”).
PLEASE CAREFULLY READ THIS AGREEMENT. BY USING THE SERVICES OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY REGISTERING YOUR ACCOUNT, CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE OR REGISTER AN ACCOUNT.
If you access or use the Service or register an Account on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on them. In such case, the term “you,” as used in this Agreement, will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
Definitions. Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
Term. The term of this Agreement begins on the Effective Date and will continue as follows: (a) for Paid Subscriptions (as defined herein) the term of the Agreement will continue in accordance with the type of subscription you have, unless terminated earlier in accordance with Section 13 herein and (b) for all other access or use of the Services, the term of the Agreement will continue until terminated earlier in accordance with Section 13 herein.
Free Trial. Certain portions of the Services and Content are provided on a paid subscription basis. In order to access those portions of the Services, you must either elect (an “Subscription Election”) to receive a Monthly Paid Subscription (as defined herein) or an Annual Paid Subscription (as defined herein)(together with a Monthly Paid Subscription, the “Paid Subscriptions”). Except as prohibited under applicable law, all Fees will be non-refundable once paid to BCE Premium TV (including upon any termination or suspension of this Agreement). When you elect to receive a Paid Subscription, under certain conditions you may automatically receive a free trial subscription to the Services (“Trial Subscription”). During the Trial Subscription, you may access the Services, without any obligation to pay Fees (as defined herein). The Trial Subscription period will begin when you elect to receive a Paid Subscription which will automatically renew on a month-to-month or annual basis to the paid subscription rates for monthly or annual subscription at the expiration of the stipulated period after your Subscription Election (“Trial Period”) ends. Unless it is cancelled or changed by you prior to the expiration of the Trial Period (“Trial Termination Notice”), in accordance with these Terms of Service. You can choose to cancel prior to the expiration of the Trial Subscription period by visiting https://premium.b-c-e.us/Premium_Profile.php and choosing to cancel online at any time or by contacting BCE Premium TV through email/chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via social media, app reviews, etc. If you provide BCE Premium TV your Trial Termination Notice prior to the expiration of the Trial Period, your access to the Services may be terminated at that time or at any point between the date of your Trial Termination Notice and expiration of the Trial Period. If you notify BCE Premium TV that you wish to receive a different Paid Subscription to the Services prior to the expiration of the Trial Period, your access to BCE Premium TV will automatically convert to such a Paid Subscription at that time or at the expiration of the Trial Period. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of this Agreement.
Monthly Subscription. You may elect to receive a monthly, prepaid subscription to the Services (“Monthly Paid Subscription”). Monthly prepaid Subscriptions will automatically renew for subsequent additional one-month period unless you choose to cancel prior to the expiration of the then-current monthly subscription term by visiting https://premium.b-c-e.us/Premium_Profile.php and choosing to cancel online at any time or by contacting BCE Premium TV through email/chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via social media, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
Annual Subscription. You may also elect to receive an annual (when available), prepaid subscription to the Services (“Annual Paid Subscription”). Annual prepaid Subscriptions will automatically renew for subsequent additional one-year period, unless you choose to cancel prior to the expiration of the then-current annual subscription term by visiting https://premium.b-c-e.us/Premium_Profile.php and choosing to cancel online at any time or by contacting BCE Premium TV through email/chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via social media, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
Packages of Subscription. BCE Premium TV may offer a number of different packages of subscription, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Subscriptions. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. BCE Premium TV is not responsible for the products and services provided by such third parties. BCE Premium TV reserves the right to modify, terminate, or otherwise amend the subscriptions offered, and the contents of the packages and levels thereof.
Minimum Requirements. BCE Premium TV reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, BCE Premium TV may require a minimum commitment term, or BCE Premium TV may require you to subscribe to a minimum level or package of a subscription in order to view certain content or obtain access to purchase additional levels or packages of a subscription. In order to purchase certain packages, you may be required to first subscribe to a subscription for a set term (e.g., a year-long subscription).
Promotional Offers. You may initially accept a promotional offer for a certain subscription package that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the subscription will automatically renew on a month-to-month or annual basis at the then-current standard rates for monthly or annual access to the same subscription, unless and until they are cancelled or changed by you or BCE Premium TV, in accordance with this Agreement.
Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. BCE Premium TV reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. BCE Premium TV reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. BCE Premium TV does not guarantee that any promotional offers are or will be available to you at all, or in connection with any subscriptions desired by you..
Third Party Billing. If you used a third party (e.g. Apple, Roku, etc) to register or signup for a Trial Subscription or Paid Subscription of BCE Premium TV Services, you may need to contact that third party to manage or cancel that subscription; YOU MAY NOT BE ABLE TO CANCEL THAT THIRD-PARTY SUBSCRIPTION THROUGH BCE Premium TV.
Modifications. BCE Premium TV reserves the right, at any time, to modify the functionality of the Platform and any portion of the Content or Services. BCE Premium TV also reserves the right, at any time, to modify the terms of this Agreement. BCE Premium TV will inform You of the presence of any changes to this Agreement or the functionality of the Platform, Content or Services by posting those changes on the Platform and by providing You with notice through the Platform. Unless otherwise stated in the notification, any modifications will be effective 30 days following delivery of such notice, except in the case of a modification required for BCE Premium TV or the Platform to comply with applicable Law or to comply with any applicable requirement placed on BCE Premium TV by a licensor or supplier, each of which will be effective immediately upon notification. You may terminate this Agreement as set forth below if you object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content or Services following such notice period.
Eligibility. The Platform and all Content and Services are intended for use by individuals 18 years of age and older. You hereby affirm that you are over the age of 18. If You are not 18 years of age or older, You agree not to access or use the Platform or any Content or Services. You agree not to allow any individual under 18 years of age to access or use the Platform, whether or not You are the parent or guardian of that individual.
Content Access Through Accounts. Subject to the terms of this Agreement, You may be permitted to access certain Content and other Services through the Platform without establishing an account on the Platform (an “Account”). However, access to the Platform generally requires that You register as a User of the Platform and establish an Account. Approval of Your request to establish and maintain any Account will be at the sole discretion of BCE Premium TV.
Administrator Accounts. Your Account and the User identification and password for Your Account (Your “Account ID”) is personal in nature. Your Account is for Your personal use and Your User Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform and all Content and Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify BCE Premium TV immediately if Your Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under Your Account ID (whether lawful or unlawful) and any transactions completed through Your Account or under User Account ID will be deemed to have been lawfully completed by You.
Account Information. In connection with establishing Your Account, You will be asked to submit certain information about Yourself (“Account Information”). You agree that: (a) all Account Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Account Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that BCE Premium TV, in its sole discretion, deems offensive. You are solely responsible for confirming the set-up and configuration of Your Account in all respects and for making all changes and updates thereto through this Agreement.
To the Platform. You may access the Platform through the BCE Premium TV website and the other websites BCE Premium TV may provide or operate for accessing the Platform (each a “Site”) or using web services, mobile, online and other applications and video players provided and operated by BCE Premium TV for accessing the Platform (each, an “Application,” and each Site and Application included in the Platform for purposes of this Agreement). Subject to Your compliance with this Agreement, BCE Premium TV will permit You to access and use the Platform solely for your own lawful, personal, non-commercial uses and solely in accordance with the terms of this Agreement.
To Applications. Subject to Your compliance with this Agreement, including, without limitation, the restrictions in this Section 7, and any other terms and conditions accompanying each Application, BCE Premium TV will permit You to download and install Applications and operate those Applications solely for the purpose of using and accessing the Platform for your own lawful, personal, non-commercial use. You may install each Application only on devices or equipment owned or controlled by You and used only for Your own personal and non-commercial purposes in accordance with this Agreement and any applicable terms and conditions accompanying that Application or otherwise provided to You by BCE Premium TV. Except as expressly set forth in this Section, You are granted no licenses or other rights in or to any Application.
To Content. The Platform will provide You with the ability to access to a variety of Content, including, video, audio, text, photographs, illustrations, graphics, and other data, information and content. Unless otherwise noted on the Platform, all Content available through the Platform (“Platform Content”) is owned by BCE Premium TV and BCE Premium TV’s third party licensors and providers. All Platform Content is provided for entertainment purposes only and You are solely responsible for verifying the accuracy, completeness and applicability of all Platform Content and for Your use of any Platform Content. Subject to Your compliance with this Agreement, You may access the Platform Content solely for Your own lawful, personal, non-commercial purposes in connection with Your use of the Platform. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Platform Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Platform Content. BCE Premium TV has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Platform Content. Without limiting the foregoing, BCE Premium TV will not be held liable to You or any other third party for any Content, including Your Content (as defined below), under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or other rights in or to any Platform Content, or any IPR (as defined below) therein or related thereto. If You would like to use any Platform Content in a manner not permitted by this Agreement, please contact BCE Premium TV at email@example.com
Equipment and Connectivity. You are solely responsible for obtaining and maintaining all equipment, mobile devices, facilities, and internet connectivity required to access or use the Platform, Services, Applications and Platform Content provided through them. In order to access and use BCE Premium TV’s Platform, Services, Applications and Platform Content, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). BCE Premium TV makes no representations or warranties about the speed or quality of your watching experience on your or any device, as that will depend on factors outside of BCE Premium TV’s control, such as your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Content you are attempting to access, the device(s) you use to access the Platform and Services. BCE Premium TV also reserves the right change the format of the Platform Content based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience).
Devices. You must only use devices permitted (“Permitted Devices”) for use with the Platform, Applications, Services and Platform Content. You can access the Platform and Platform Content through different Permitted Devices, provided that you will only be to access the Platform and Platform Content through your account on one Permitted Device at a given time. We are not responsible for any issues relating to your device, its operating system or connectivity.
Bitrate Streaming. The Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth. If you choose to use the Cloud DVR, you are directing that playback be provided using ABS.
Other Restrictions. You may not use the Services to, or assist or encourage any other party to, engage in any of the following activities: (a) copying, framing or mirroring any part of the Services; Accessing the Service for purposes of monitoring its availability, performance or functionality; (b) permitting any third party to access the Services; (c) using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to BCE Premium TV; (d) publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”); (e) attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of BCE Premium TV internet protocol space; (f) avoiding payment of incurring charges or fees payable by you with respect to the Services; (g) distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (h) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to BCE Premium TV than a human can reasonably produce in the same period of time by using a conventional web browser ; (i) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (j) collecting or harvesting any personally identifiable information, including Account names and information about users of the Services, from the Services; (k) using the Services for any commercial solicitation purposes; (l) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (m) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (o) violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability; (p) removing any copyright, trademark or other proprietary rights notices contained in or on the Services; (q) executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; or (r) rebroadcast, retransmit or otherwise publicly perform, transmit or distribute any portion of the Services (including the trademarks of any content providers) or any account of any Content provided to You in accordance therewith.
Third-Party Content and Services. In addition to the terms of this Agreement, Your access to of certain Content and Services developed, provided or maintained by BCE Premium TV’s third party providers (“Third Party Content and Services”) may require You to agree to the terms of an additional agreement with that third party provider before being given access to the Third Party Content and Services (each, a “Third Party Content and Services Agreement”). The terms of any Third Party Content and Services Agreement (which may include payment of additional fees) will apply to the applicable Third Party Content and Services provided under that Third Party Content and Services Agreement in addition to the terms of this Agreement but will not apply to any other Content or Services You may access through the Platform. Except as set forth in this Agreement, the terms of any Third Party Content and Services Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Content and Services Agreement. BCE Premium TV TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR SERVICE AND YOUR ACCESS TO AND USE OF ANY THIRD PARTY CONTENT OR SERVICE IS SOLELY AS SPECIFIED IN EACH APPLICABLE THIRD PARTY CONTENT AND SERVICES AGREEMENT.
Fees. You agree to pay BCE Premium TV all fees applicable to Your Paid Subscription to the Platform and the Content and Services (“Fees”), Fees for Monthly Paid Subscriptions are due and payable on a monthly basis in advance, with your first payment due and payable on the first day of your subscription, following the Trial Period; each monthly payment thereafter will be made on the same day as the first month if that day is contained with the billing month; if such day is not contained within the billing month, then the payment will be made on either the 28 th or the 30 th of the applicable billing month in the discretion of BCE Premium TV Fees for Annual Paid Subscriptions are due and payable on an annual basis in advance, with your first payment due and payable on the first day of Your subscription, following the Trial Period; ; each annual payment thereafter will be made on the same day as the first annual payment if that day is contained with the billing month; if such date is not contained within the billing month, then the payment will be made on either the 28th or the 30th of that billing month in the discretion of BCE Premium TV. All other Fees will be due and payable as indicated through the Platform. If You have specified credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, You grant BCE Premium TV the right to charge the applicable payment account You provided to BCE Premium TV for all Fees incurred under this Agreement. When You register a credit or debit card for a new account, You authorize BCE Premium TV to place a pending charge to Your credit or debit card to verify Your billing address and the validity of Your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to You. Pending charges, while pending, will, however, reduce the available amount of credit on Your credit card or funds available to Your debit card. You are solely responsible for any and all fees charged to Your credit or debit card by the issuer, bank, or financial institution, including fees for any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once Your account is authenticated, the credit or debit card that You registered with Your account will be charged for each transaction without having to reenter Your credit or debit card information.