Terms of Service
theZoomer: Television for Boomers with Zip! Terms of Service
1. By using or visiting the theZoomer website http://thezoomer.visiontv.ca or any related domain or products, software, data feeds, and services provided to you on, from, or through theZoomer website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) and incorporated herein by reference, and (2) theZoomer’s Community Guidelines, also incorporated herein. If you do not agree to any of these terms, please do not use the Service.
2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on http://thezoomer.visiontv.ca. theZoomer may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of theZoomer, including but not limited to all products, software and services offered via the theZoomer website(s), such as the ability to upload video content, embed video content uploaded elsewhere, post text, upload photographs or embed photographs.
2. The Service may contain links to third party websites that are not owned or controlled by theZoomer. theZoomer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve theZoomer from any and all liability arising from your use of any third-party website.
General Use of the Service—Permissions and Restrictions
theZoomer hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Service or the Content without theZoomer’s prior written authorization, unless theZoomer makes available the means for such distribution through functionality offered by the Service (such as the videos, shareable links, etc.).
2. You agree not to alter or modify any part of the Service.
3. You agree not to use the Service for any of the following commercial uses unless you obtain theZoomer’s prior written approval:
o the sale of access to the Service;
o the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
o the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from theZoomer appears on the same page and is of sufficient value to be the basis for such sales.
4. Prohibited commercial uses do not include:
o uploading an original video, text, photos to theZoomer;
o showing theZoomer videos through any player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
o any use that theZoomer expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, please read our FAQ)
5. If you share any videos or user-generated content on your website or on any other website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the theZoomer website.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the theZoomer servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, theZoomer grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. theZoomer reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, twitter, facebook, Instagram, Vine, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
7. In your use of the Service, you will comply with all applicable laws.
8. theZoomer reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to theZoomer, ZoomerMedia Ltd., VisionTV, ONE, MZTV Production & Distribution Inc., subject to copyright and other intellectual property rights under the law.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by theZoomer on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of theZoomer or the respective licensors of the Content. theZoomer and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that theZoomer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against theZoomer with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless theZoomer, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
1. As a theZoomer website visitor you may submit Content to the Service, including videos and user comments. You understand that theZoomer does not guarantee any confidentiality with respect to any Content you submit.
2. theZoomer reserves the right to remove any user-generated Content on the Service and may reject Content at any time.
3. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to theZoomer all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
4. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to theZoomer, you hereby grant theZoomer a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and theZoomer’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Your Content may appear on the television broadcast of theZoomer at any time. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that theZoomer may retain, but not display, distribute, or perform, server copies of your videos, text comments, or photograph that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
5. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant theZoomer all of the license rights granted herein.
6. You further agree that you will not submit to the Service any Content or other material that is contrary to the theZoomer Community Guidelines, currently found below, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
7. theZoomer does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and theZoomer expressly disclaims any and all liability in connection with Content. theZoomer does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and theZoomer will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. theZoomer reserves the right to remove Content without prior notice.
8. You agree that you will not post, email or make available any content or use this Service:
i. In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
ii. in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
iii. to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
4. in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
5. in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
6. in a manner that is harmful to minors in any way;
7. in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
8. to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Service without authorization;
9. to interfere or attempt to interfere with the proper working of this Service or prevent others from using this Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Service, or that otherwise negatively affects other persons’ ability to use this Service;
10. to facilitate the unlawful distribution of copyrighted content;
11. in a manner that includes personal or identifying information about another person without that person’s explicit consent;
12. in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Service or to users; and
13. in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
1. “Stalk” or otherwise harass anyone;
2. Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
3. Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Service or to proxy authentication credentials for any member of this Service for the purposes of automating logins to this Service;
4. Post any content containing child pornography to this Service;
5. Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
6. Post any content that constitutes pornography, contains nudity, or is adult in nature.
7. Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Service’s infrastructure;
8. Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Service;
9. Use this Service as a generic file hosting service;
10. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Service or for using it for purposes unrelated to this Service); and
11. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Service.
12. You agree not to authorize or encourage any third party to use this Service to facilitate any of the foregoing prohibited conduct. You also agree that these Terms of Service inure to the benefit of our service providers (including our Service platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms of Service.
13. Technology and hosting for aspects of this Service are provided by this Service’s online service provider. However, the Service controls the content, membership and policy of this Service, including those pages served by such service provider on behalf of this Service. Notwithstanding anything to the contrary, by participating with this Service you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Service and participation with this Service.
Account Termination Policy
1. theZoomer will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be an infringer.
2. theZoomer reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. theZoomer may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
1. theZoomer does not tolerate copyright infringement in any form and Content found to be infringing will be removed.
2. To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEZOOMER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THEZOOMER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THEZOOMER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THEZOOMER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL THEZOOMER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEZOOMER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by theZoomer, which is a television program produced by MZTV Production & Distribution, Inc., which is an affiliate production company of ZoomerMedia Ltd. theZoomer is produced in ZoomerMedia Ltd.’s facilities in Toronto, Ontario. theZoomer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless theZoomer, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by theZoomer without restriction.
You agree that: (i) the Service shall be deemed solely based in Toronto; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over theZoomer, either specific or general, in jurisdictions other than Ontario. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and theZoomer that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. These Terms of Service, together any other legal notices published by theZoomer on the Service, shall constitute the entire agreement between you and theZoomer concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and theZoomer’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. theZoomer reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THEZOOMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.