1. Acceptance.
A. Welcome to the Push Website (the "Website") operated by Bell Canada ("your Service Provider" and/or “Bell”). The Website and its associated products and services (collectively, the "Services") are offered by your Service Provider at Web pages located at http://push.ca. Please note that your use of certain services provided directly to you through the Website (e.g. Microsoft's Windows Live ID [Microsoft Virtual Earth, Microsoft Silverlight]) are governed by separate terms.
B. Portions of the Services may be governed by additional posted guidelines, conditions, policies, rules, or other terms and conditions ("Additional Rules"). All Additional Rules are hereby incorporated by reference into these terms of use. In the event of a conflict between any Additional Rules and these terms of use, these terms of use shall control. However, the Privacy section below, supersedes any conflicting language in these terms of use and/or any Additional Rules with respect to the subject matter covered by the Privacy Policies.
C. By accessing the Website or using any of the Services, you agree, without limitation, to be bound by these terms of use and the Additional Rules, as all of the same may be modified by your Service Provider from time to time by posting such updated terms of use or Additional Rules on the Services (collectively the "Terms of Use"). If you do not accept these Terms of Use in their entirety, you may not access or use the Services. Please note that the Terms of Use may be updated from time to time, without notice to you, by posting such updated Terms of Use on the Services, so please check back periodically. The most current version of the Terms of Use can be found here. Because the Terms of Use contain legal obligations, please read them carefully.
2. User Submissions.
A. This Website may now or in the future permit the submission of photographs, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not User Submissions are published, your Service Provider does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize your Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to your Service Provider, you hereby grant to your Service Provider a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in connection with the Website and your Service Provider’s business including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete your User Submission from the Website.
C. In connection with your User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant your Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage your Service Provider or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
3. No Commercial Use of the Services. The Services are only for your personal use. You will not use the Services for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Services or any portion of the Services, including any coupons or credits related to same for any commercial purposes whatsoever.
4. Registration, Accounts and Passwords. Certain of the Services and related features, such as uploading, streaming made available over the Services, may require registration and may be governed by a specific service agreement accompanying such service. If you receive access to a service that is not accompanied by a separate service agreement, then should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Services, and (b) all activities that occur under such password or account. Further, you agree to notify your Service Provider of any unauthorized use of your password or account. Your Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 4.
5. Responsibility for Minors. In cases where you have authorized a minor to use any of the Services, 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 any such Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Services may contain material that is inappropriate for minors. If you are a minor, please obtain your parent's permission to utilize the Services and please ensure that your parents review these terms.
6. Monitoring of Content. You acknowledge that your Service Provider has an obligation to monitor the Services or any content (including User Submissions), products or services (collectively, "Content") accessible through the Website or any of the Services. However, you agree that your Service Provider has the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, ensure compliance with the Terms of Use or to protect itself or its users in accordance with the Privacy Policies. Your Service Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms of Use. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall your Service Provider be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.
7. Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Your Service Provider assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that your Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
8. Software Downloads and Shareware.
A. Your use of any software associated with the Services will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then your Service Provider grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with the Terms of Use. Your Service Provider reserves all rights to such software not expressly granted to you in the Terms of Use. Such software is protected by copyright and other intellectual property laws and treaties. Your Service Provider or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.
B. The Services may also allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that your Service Provider, including its suppliers, shall be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
9. Disclaimer Regarding Third Party Content. The Services offer access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Services websites and web pages or sites displayed as search results or contained within a directory of links on the Services, your Service Provider generally exercises no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party web pages, including but not limited to web casting or any other transmission. Inclusion of a link to third party content does not imply endorsement by your Service Provider of such content. You further agree that your Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
10. Service Modifications. You acknowledge and agree that your Service Provider reserves the right at any time to modify or discontinue (with respect to an individual user or all users) any of the Services with or without notice to you, and that your Service Provider will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
11. Termination. You acknowledge and agree that your Service Provider, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where your Service Provider believes that you have violated any of the Terms of Use, or where your account has been inactive for any period of time. You further agree that your Service Provider shall be liable to you or to any other person as a result of any such suspension or termination. Upon termination your right to use the Services immediately ceases. If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of your Service Provider in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR SERVICE PROVIDER, ITS AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, CONTRIBUTORS, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS NOR EMPLOYEES (THE "SERVICE PROVIDER PARTIES") MAKES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE SERVICE PROVIDER PARTIES SPECIFICALLY MAKE NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY SERVICE PROVIDER PARTY, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH PARTY, HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
14. Indemnity. You agree to defend, indemnify and hold the Service Provider Parties harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your (or any user of your accounts): (a) violation of the Terms of Use, or (b) use of the Website or any of the Services, or (c) placement, posting or transmission of your User Submissions or other content on the Website or through any of the Services.
15. No License; Intellectual Property of your Service Provider and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under your Service Provider or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of the Service Provider Parties. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Website. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Services.
16. Trademarks. Push and push.ca, and Bell and their associated logos are registered trademarks of Bell Canada. All products, brands and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services without the express written consent of your Service Provider or the owner of the mark, as appropriate, is strictly prohibited.
17. Copyright Notices. All information and content contained on, or made available over, the Services are: Copyright © 2007, Bell Canada and/or its respective suppliers. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owners.
18. Territory. The Services is only intended for use by users located within Canada.
19. Submission of Ideas and/or Suggestions. Your Service Provider is always improving its Websites and Services and developing new features, and we welcome your voluntary feedback and suggestions to help us do this. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO THE SERVICE PROVIDER PARTIES BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL, DIRECTLY OR INDIRECTLY, TO YOUR SERVICE PROVIDER, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO YOUR SERVICE PROVIDER THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT YOUR SERVICE PROVIDER IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF ITS SO DESIRES, AS PROVIDED OR AS MODIFIED BY YOUR SERVICE PROVIDER, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Services. For terms and conditions governing the use of such information, please refer to our Privacy Policies. This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any linked sites or services. Please refer to the terms and condition of such sites and services to determine the rights of the site or service provider to such documents, information and/or data.
20. Miscellaneous. The Terms of Use constitute the entire agreement between your Service Provider and you pertaining to your use of the Services and, except as specifically set forth herein, supersede any prior agreements between you and your Service Provider relating to the Services. Your Service Provider may assign these Terms of Use, in whole or in part, at any time. Your Service Provider’s failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais. In the event of a conflict between the English and French version of these terms, the English version shall prevail.