PLEASE READ THIS AGREEMENT CAREFULLY. BY
USING THE STREAMING SUBSCRIPTION SERVICES, OR BY CHECKING THE "I ACCEPT
THE TERMS & CONDITIONS AND PRIVACY POLICY" BOX LOCATED ON THE ONLINE
ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE
TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM
TIME TO TIME.
GENERAL
The NEME.TV Streaming Service (the
“Service”) is offered through the Site, is made available by Nordest Media Inc.
(“Nordest”) in cooperation with our content partners (“Partners”).
Nordest provides streaming platform
services that enable content providers to deliver the arts, cultural and corporate
events as well as independent media and entertainment content over the internet
to certain internet connected devices such as PCs, mobile phones, tablets
connected TVs and other devices.
DESCRIPTION OF SERVICE
The Service enables website visitors to
view live and on-demand streaming of Partner events (the “Content”) on the
website http://neme.tv
(the "Site"). The Service provides and range of free-to-view Content
without the need to register, free-to-view access requiring user registration,
and pay-per-view (“PPV”) access to Content. The Service includes access to event
schedules, and live and VOD event streams. To access PPV events offered within
the Service, the user must complete an order form (the "Order".)
FEES & PAYMENT TERMS
Access to Ticketed Events and PPV
content (PPV) requires an access fee that is set by the respective “partners”.
Registered users are able to access this content by (i) paying a fee to access
select premium content for the time period defined by the partner. ("subscription
Fee" & “All Access fee”) defined in the package offer; or (ii) paying
a one-time fee to access certain live PPV content at a designated time for
forty-eight (48) hours ("Pay-Per-View Fee"). The current Order fees
(the "Charges") applicable to the Services are located on the Partner
pages located at http://neme.tv. You may be directed to another NEME.TV
website for payment and access to Content, depending upon the Partner Content
selected. The Charges applicable for the Services together with all applicable
taxes will be billed automatically to the credit card (the "Account Credit
Card") you designated during the Order process or subsequently designated
to NEME.TV. You warrant that you are the cardholder of the Account Credit Card
and the relevant information required for processing charges is valid at all
times. You must notify us of any change of address or other relevant
information in a timely fashion. If the Account Credit Card expires, you must
notify us of the new expiration date before the previous expiration date has
passed. Nordest reserves the right to levy an administration fee for any credit
card transaction that fails. If you want to designate a different credit card
or if there is a change to the existing Account Credit Card, please advise us
e-mailing nemetv@nordeststudio.com. You agree to pay all Charges incurred in
connection with your use of the Service through your Order, including any
applicable taxes, at the rates in effect when the said Charges were incurred.
Except as provided herein, all Charges are non-refundable. I understand that
payment will be processed by Nordest Media Inc. and that NEME.TV or the Partner
name is the name that will appear on my transaction record. Please note that
Charges do not include any applicable fees or charges incurred to access, or to
receive alerts or other information from the Site or any of the Services,
through an Internet, wireless or other third-party service provider. Accounts
will remain active for the period specified in the Order. Refunds will not be
given for partial periods. Accounts may be terminated by emailing nemetv@nordeststudio.com
and providing your name, account login and last four (4) numbers on the credit
card used to place the Order.
TECHNICAL REQUIREMENTS
You are responsible for all hardware,
software and internet connectivity necessary to access the Services. We will
use reasonable measures to ensure that the Service is available at all times,
however, the Service is provided on an "as is" basis. The quality of
the display of the streaming of events may vary from computer to computer, and
device to device, and may be affected by a variety of factors, such as your
location, the bandwidth available through and/or speed of your Internet
connection. At certain events and venues the video and technical requirements
associated with producing the streams may be provided by external personnel. We
will not have any liability to you for the cancellation or abandonment of any
event or the failure to show an event as scheduled, nor in the circumstance
where you are unable to watch any event on a specific platform device.
Certain software used to deliver the
Service may vary by device and medium, and functionalities may also differ
between devices. You acknowledge that the use of the Service may require
third-party software that is subject to third party licenses.
CONTENT USAGE RESTRICTIONS
The Services and the Content are for
your personal, non-commercial use, entertainment and enjoyment. You may not
reproduce, duplicate, copy, translate, broadcast, publicly display, sell,
transmit, retransmit, license, sub-license, publish or modify any of the
Services or the Content without the prior written consent of Nordest and the
content Partner.
You agree that your access to the PPV
Content is restricted to simultaneous access on two or fewer distinct devices
at one time and we reserve the right to force a log off for your account or
restrict login access in the event we determine at any time, in our sole
discretion, that your account has been simultaneously logged into on more
distinct devices than permitted.
NORDEST TERMINATION
Nordest reserves the right to terminate
your Order and your access to the Site and PPV Service at any time and for any
reason, including without limitation, if the Account Credit Card is invalid for
any reason, if Nordest does not receive payment, if a password is shared, or
where Nordest has determined, in its sole discretion, that use of the Service
by you is, or was in breach of the Terms of Service. Any such termination by Nordest
shall be in addition to and without prejudice to such rights and remedies as
may be available to Nordest, including injunction and other equitable remedies.
The disclaimer, limitations on liability, and indemnity provisions shall
survive termination or expiry of your order and this Agreement.
DISCLAIMERS
YOU EXPLICITLY UNDERSTAND AND AGREE THAT
EACH OF NORDEST, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR
RESPECTIVE AFFILIATES (COLLECTIVELY “NORDEST AND AFFILIATES") DOES NOT
MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS,
CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM
FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
FURTHER, NORDEST AND AFFILIATES DO NOT WARRANT THAT THE SITE, THE SERVICES OR
THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION
OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPLICITLY
UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NORDEST (INCLUDING EACH OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE
TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF
INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE
LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY
OF THE CONTENT (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER NORDEST AND AFFILIATES
HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM,
DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY,
CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NORDEST'S AGGREGATE LIABILITY
TO YOU EXCEED THE AMOUNT PAID TO NORDEST BY YOU FOR THE SERVICE. CERTAIN
SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC
TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF NORDEST. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NORDEST AND
AFFILIATES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE,
SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR
MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the
Services may be temporarily unavailable as a result of disruptions as described
above. While Nordest makes every reasonable effort to minimize such downtime, Nordest
cannot guarantee the 100% availability of the Services. Accordingly, if you are
dissatisfied with the Services for any reason, your sole and exclusive remedy
is to discontinue use of the Services in accordance with these Terms of
Service. You explicitly acknowledge that Nordest has set the Charges for the
Services, entered into this Agreement, and has and will make the Services
available to you in reliance upon the limitations and exclusions of liability
and the disclaimers set forth herein, and that the same form an essential basis
of the bargain between you and Nordest. You explicitly agree that the
limitations and exclusions of liability and the disclaimers set forth herein
will survive, and continue to apply in the case of, a fundamental breach or
breaches, the failure of essential purpose of contract, the failure of any
exclusive remedy or termination of this Agreement.
You acknowledge and agree that the
Services may be temporarily unavailable as a result of disruptions as described
above. While Nordest makes every reasonable effort to minimize such downtime, Nordest
cannot guarantee the 100% availability of the Services. We rely on certain
third-party technologies and providers for web hosting, video streaming,
transaction processing and related platform functions. Any failures within
third-party software and infrastructure used in the delivery of the Services
are outside of our control. Therefore, we do not warrant that all events
scheduled will be successfully streamed. Accordingly, if you are dissatisfied
with the Services for any reason, your sole and exclusive remedy is to
discontinue use of the Services in accordance with these Terms of Service. You
explicitly acknowledge that Nordest has set the Charges for the Services,
entered into this Agreement, and has and will make the Services available to
you in reliance upon the limitations and exclusions of liability and the
disclaimers set forth herein, and that the same form an essential basis of the
bargain between you and Nordest. You explicitly agree that the limitations and
exclusions of liability and the disclaimers set forth herein will survive, and
continue to apply in the case of, a fundamental breach or breaches, the failure
of essential purpose of contract, the failure of any exclusive remedy or
termination of this Agreement.
REFUNDS
You are responsible to test your system
to ensure that you have adequate bandwidth and processing power on your device
to view the content. We will use our reasonable endeavours to ensure that the
Service is always available to you. However, the Service is provided on an
\"as is\" basis. We will not have any liability to you for the
cancellation or abandonment of any event or the failure to show any event as
scheduled, nor where you are unable to watch an event on any specific platform
device not officially supported by the Service. Refunds are not granted as a
result of end user connectivity and computer issues or for poor production
feeds delivered by the event site to Nordest including, but not limited to: low
or no audio, poor quality video, bad camera work, poor commentating, video
pixelization or temporary stream drops.
COMPUTER VIRUSES
While Nordest makes every reasonable
effort to ensure that the Services made available on the Site do not contain
computer viruses and other destructive elements, you acknowledge and agree
that, prior to your use of any of the Services, it is solely your
responsibility to (a) take all protective measures to guard against viruses and
other destructive elements (including the use of industry standard and updated
virus scanning tools); and (b) ensure that you have a complete, current and
secure back-up of the applicable items of information and software on your
computer or other electronic device used to access the Site and Services.
INDEMNITY
You agree to defend, indemnify and hold
harmless each of Nordest, its affiliates, licensors, co-branders and other
partners, and each of their respective officers, directors, employees and
agents, including all third parties mentioned on the Site, from and against any
and all claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from: (a) your breach of any
of the Terms of Service; (b) your access to or use of the Site or Services; (c)
your use or reliance on, or publication, communication or distribution of
anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES
You agree to comply with all applicable
laws with respect to your use of the Services. Nordest may investigate any
violations of law and may cooperate with law enforcement authorities in
prosecuting users in this regard.
LAW AND JURISDICTION
The Site and Services are controlled,
operated and administered by Nordest from its offices within Canada. The Terms
of Service shall be interpreted, construed and governed by the laws in force in
the Province of Ontario, Canada.
GENERAL
This Agreement is personal to you, and
you may not assign your rights or obligations to anyone. The Terms of Service
constitute the entire agreement between Nordest and you pertaining to your use
of the Services and supersede any prior agreements between you and Nordest. The
parties have required that the Terms of Service and all documents relating
thereto be drawn up in English.
CONTACT US
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