POLICIES

 
 
   
 
 

Terms Of Use

Customer Service Agreement

 

READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ORDERING OR USING THE EuroTV SERVICE.

 

1. ACCEPTANCE OF TERMS OF USE

 

These Terms of Use govern your use of the EuroTV website and services. The website and services are provided to you by EuroTV Inc. and our third-party service provider, Neulion Inc. By visiting the EuroTV website and subscribing to our online television service (the “Service), you agree to the following terms of use. Please read them carefully. This Agreement governs both the Service and any EuroTV-provided equipment, such as an IP connection device, used in conjunction with the Service.

 

2. CHANGES TO TERMS OF USE

 

EuroTV reserves the right from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most recent versions of all EuroTV agreements and policies may be found at www.eurotv.ca. The most current version of the Terms of Use will supersede all previous versions. Your use of the EuroTV website and/or services after changes are made means that you agree to be bound by such changes

 

3. ELECTRONIC COMMUNICATIONS

 

By accessing this website or sending electronic mail to EuroTV you are communicating with EuroTV electronically and by doing so, you agree to receive communications from EuroTV electronically, including any notice required to be provided pursuant to these terms of use.

 

4. SERVICE PLAN

 

You are purchasing the Service for an initial term per the Service Plan that You choose when You place Your initial order (“Initial Term”). The description of Plans and associated charges are available at www.eurotv.ca.  If You choose a month-to-month Plan, You agree to pay for Services each month, until the Service is cancelled in accordance with this Agreement. If You choose a pre-paid Plan, You agree to pay for the Service Fees for the term of the Service Plan and Equipment charges prior to activation of Service; at the end of the pre-paid Plan, your subscription will automatically renew with the same conditions of your purchased package named Service Plan, for another term of the same length. In case you received a promotion for the first term, your plan will renew to the regular Service Plan for the chosen period, respectively monthly, six months plan or one year plan at Service Plan standard rates. It is Your reponsibility to notify EuroTV before your subscription expiration if You don't want a service auto-renewal so EuroTV can put a stop on Your service at the expiration of the Initial Term.  EuroTV reserves the right to substitute programming or channels with comparable content at any time, but will make reasonable efforts to notify You of such changes.

 

5. TERM AND TERMINATION

 YOUR RIGHT TO CANCEL IS SUBJECT TO THE CANCELLATION PROCESS DESCRIBED IN SECTION - BELOW.

Your Service Plan begins on the day we activate your Service.  You may cancel your Service Plan within the first 30 days of Service under our “Return Policy” described in Section 12 below.

 

If You have a month-to-month Service Plan, You may cancel your Service Plan after the first 30 days of Service at any time, subject to your payment of fees and other charges for Service through the end of your billing cycle.

 

If You have a pre-paid Service Plan, You may cancel Your Service after the first 30 days of Service at any time, subject to your payment of an early termination fee (“Early Termination Fee”) in an amount that is the total of: a) the number of months of Service prior to cancellation times the standard rate for month-to-month Service; and b) activation price of $15 US, and c) shipping charges of $25 US, if you received free shipping on your STB, and d) an administrative fee of $49.99 US. Depending on your location taxes might apply to the above charges.

 

If you have a month to month Service plan, You may cancel the Service after the first 30 days of Service at any time, subject to your payment of an early termination fee (“Early Termination Fee”) in an amount that is the total of: a) the difference in price between the promotional price you might receive and the full price for that respective plan multiplied with the number of months you received the promotion, b) shipping charges of $25US , if you received free shipping on your STB and c) activation charges of $15US if you received free activation. Depending on your location taxes might apply to the above charges.

 

If You had our Service on a month to month basis for at least 1 year and 6 months and you received less than 3 months of promotional price in this period, You can cancel our Service free of charge.

 

We will refund to You the balance of Your account (less the Early Termination Fee and any other unpaid charges such as video-on-demand and taxes) within thirty days of the end of your billing cycle. The Early Termination Fee is not a penalty, but is rather liquidated damages to compensate us for your failure to satisfy the Service Plan on which your rate plan is based. AFTER YOUR PREPAID SERVICE PLAN ENDS, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, unless cancelled before then.


We may cancel your Service Plan if you fail to pay us per this Agreement and your Service Plan or You otherwise materially breach this Agreement, in which case You agree to immediately pay all Service fees and other charges incurred and unpaid through the cancellation date.

 

You agree that your failure to abide by any provision of these terms of use may be considered by EuroTV to be a material breach of these terms of use and that we may provide to you a written notice to the last e-mail address for you on record with EuroTV describing this breach to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to EuroTV, that you have not breached these terms of use, EuroTV may suspend your membership without further notice. EuroTV will not refund any fees paid by you prior to the suspension of your Service Plan for breach of these terms of use. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

 

6. ACCOUNT REQUIREMENTS

 

In order to order and receive the Service, You must be at least 18 years old must provide a valid credit card or other form of payment. The Service is for personal use only. You are responsible for providing a broadband Internet connection to use the Service (with a minimum of 1.5 megabits per second; the Service is optimized at 3.0 megabits per second) and for any costs associated with the computer network, if any, used to access the Service. You are responsible for charges for the Service regardless of the status of other underlying power or phone services.

 

7. THE SERVICE

 

The Service consists of the delivery of certain digital television programming, delivered to Your home television via a broadband Internet connection. You must use EuroTV-provided Equipment for the Service and You are responsible for the equipment and service for the broadband Internet connection portion to connect to the Service. From time to time, EuroTV may impose reasonable rules and regulations regarding the use of the Services. Certain minimum requirements for the broadband Internet connection apply (and are available at www.eurotv.ca).

 

The Service shall be used only in qualifying areas of the United States and Canada.  The Service is for residential purposes only. This is not a business service. You shall not resell or transfer the Service or the Equipment to another party without the prior written consent of EuroTV. EuroTV reserves the right to immediately terminate or modify Your Service if we determine, in our sole and absolute discretion, that Your use of the Service or the Equipment is, or at any time was, inconsistent with normal fixed residential usage patterns or for any other reason. You shall use the Service and the Equipment only for lawful purposes.

 

Due to licensing restrictions, We are not permitted to transmit certain individual television programs (“Restricted Programs”) in the United States and Canada; in such case, we may substitute Restricted Programs with other programming at our discretion at no extra charge.  We shall not be responsible for programming or scheduling changes made by the television programming content providers.  The Service quality can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of EuroTV. EuroTV does NOT guarantee video and audio quality or upload or download speeds and Your sole remedy is to cancel the Service.

Romanian channels displayed on EuroTV site are offered through EuroTV's partner ITVRSN USA www.itvrsn.com . The Romanian Basic Package consists of a total of 20 Romanian Tv channels organized in 10 distinct  TV channels. The Romanian Premium Package consists of 26 Romanian TV channels organized in 16 distinct TV channels.

 

8. INSTALLATION

 

The Service includes equipment provided by EuroTV (`the Equipment`). The improper installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to Your computer, television, or home network. EuroTV and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of Your computer hardware, television sets, software, files, data, or peripherals.

 

If You are unable to perform self-installation, EuroTV may suggest an outside vendor to help install the Service as the Service may require professional installation of the Equipment inside Your home. You are also responsible for all inside wiring repair necessary to install the Service. If You are not the owner of the premises, You warrant that You have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You shall indemnify and hold EuroTV harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

 

You will be responsible for all costs and scheduling associated with the installation by a outside vendor or other third party. 

 

EUROTV DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A OUTSIDE VENDOR OR OTHER THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, EUROTV SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

 

9.  SUPPORT

 

EuroTV shall make available telephone support between the hours of 9 am and 5 p.m., Eastern Standard Time, Monday through Friday, at the Customer Support phone number listed below in Section 19.  EuroTV shall also provide email support during those same hours at the email address listed below in Section 19. Due to the wide range of hardware and software configurations and compatibility, it may not be possible for EuroTV to provide technical support for Your current set of products. In certain circumstances, it may be necessary to refer You to the manufacturer of Your hardware, Your Internet access provider, or software vendor for technical support of their products.

 

10. YOUR ACCOUNT, PASSWORD, AND SECURITY

 

Upon registration, You may receive a username, password, and other account information. You and members of Your household are the only authorized users of Your EuroTV account and must comply with this Agreement. You must keep Your password confidential so that no one else may access the Services through Your account. You must notify EuroTV immediately upon discovering any unauthorized use of Your account.

 

11.  CHARGES AND PAYMENT

 

Depending on Your Service Plan, We will bill You for the initial Equipment Fee when You place Your order as follows:

 

a)  If You choose a pre-paid Service Plan, We will also bill You for the entire Service Fee for the term of the pre-paid Service Plan when You place Your order.  If You order a  special feature Service (for example, a movie or live sports event), We will charge your credit card on file (or debit a credit balance You have with us);

 

b)  If You choose a month-to-month, We will bill You for the monthly service fee, on a monthly basis, at the beginning of the billing cycle (your first bill will also include the pro-rated Service fee if Your Service starts in the middle of the billing cycle). If You order special feature Services (for example, a movie or live sports event), We will include the charges in the monthly bill.

 

Some services may also include charges for hardware, activation, collection costs for delinquent fees, charges for insufficient funds, return items, chargebacks, reactivation fees, and early cancellation fees. EuroTV may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges.

 

Your initial set-up of the Service includes an Internet streaming account activation fee which is presently set up at 5.99 USD. You will also be charged this fee on re-activation of your account if you temporarily suspend your service or your account is being suspended automatically by the sytem for non-payment.

 

You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information to EuroTV immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. If You provide EuroTV with Your credit card information, You authorize EuroTV to automatically charge Your credit card on a monthly basis to pay Your account in full each month.  If you provide EuroTV with Your debit information, You authorize EuroTV to automatically debit Your bank account on a monthly basis to pay Your account in full each month.

 

You are responsible for any charges to Your account. Questions regarding charges to an account should be directed to Customer Service at the phone number listed in Section 19. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are disputed more than thirty days after the billing date.

 

Charges may be billed to Your credit card, debit card or bank account via electronic debit through ACH, as applicable, each month for the Service as well as any additional usage, services, taxes and fees. EuroTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EuroTV. You agree to maintain valid and current credit card, debit card and/or bank account information on file with EuroTV at all times. For certain legacy customers, if payment by check was approved at the time the customer requested the Services, then payments by check must be received by EuroTV within 21 days from the billing date.

 

EuroTV reserves the right to change prices of the Service upon 30 days notice; however, Your price is guaranteed during the term of a pre-paid Plan. EuroTV reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our Website or calling Customer Service at the phone number listed in Section 19.

 

12. RETURN POLICY AND CANCELLATION

 

If You are not happy with the Service, You may cancel Your Service and return the Equipment to EuroTV for a refund of the Equipment fee (but not the Service Fee) any time within 30 days of Your Service activation date (“Try-out Period”).  Instructions for returning the Equipment (“Return Policy”) are available by request and you may obtain them by sending an e-mail at wecare@eurotv.ca . You must return the Equipment in undamaged and good working condition to EuroTV within the deadline in the Return Policy in order to be entitled to your Equipment Fee refund.  The 30 day cancellation policy does not apply to monthly fee, shipping fees, activation fees or any other promotions the customer might have benefited. EuroTV will only refund the value of the equipment (Set Top Box), providing the equipment is returned in good and undamaged condition. EuroTV will not refund shipping and activation charges and will also not refund the value of any other promotions that the customer might have benefited of. If customer received promotions such as free shipping , free activation or free installation, the value of these services will be deducted from the amount owned by EuroTV to customer for the return of the equipment (Set Top Box). The value of these services are as follows: 25 USD for shipping charges, 15 USD for activation and 50 USD for free installation. At the time of the refund, EuroTV reserves the right to set-off any unpaid Service fees against the refund amount. Except in certain cases in EuroTV’s sole discretion (e.g., improperly invoiced charges), EuroTV will not refund any fees after 30 days from Your Service activation date as determined by EuroTV.  

After the Try-out Period, You may cancel Service at on 30 days notice prior to the expiration of the term of your Service Plan. You will be responsible for any unbilled charges and the Early Termination Fee (if any required by Your Service Plan) all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement.

 

EuroTV will accept Service cancellation only in a written format by e-mail sent to wecare@eurotv.ca . Cancellation will be effective at the end of the billing cycle after the notice of cancellation is received and processed by EuroTV. You will be issued a confirmation number as Your only proof of cancellation. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If Your do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation.

 

If You are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, Your sole remedy is to discontinue using the Service and to cancel Your account in accordance with the terms of this Agreement.

 

EuroTV may terminate this Agreement, Your account, or Your use of the Services for any reason, including, without limitation, if EuroTV, in its sole discretion, believes You have violated this Agreement, violated the EuroTV Acceptable Use Policy or if You fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address You provided for the Service.  EuroTV reserves the right to collect interest on overdue accounts at the rate of one and one half percent (1.5%) per month or the amount allowable by applicable law, whichever is less.

 

13. RETURNED EQUIPMENT

 

The process for returning Equipment to EuroTv is available by request over the phone and include:
1.    Obtaining a return authorization number and address by e-mail from EuroTV Customer Service prior to sending Equipment;
2.    Packing and shipping Equipment, including all accessories (Customer is responsible for the return shipping costs); and
3.    Equipment must be returned in undamaged and in good working condition.  You may be responsible for the cost to repair or replace any Equipment returned in less than good working condition.

 

14. MONITORING THE SERVICES

 

EuroTV has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if EuroTV, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy. EuroTV may immediately remove Your information from EuroTV's servers, in whole or in part, which EuroTV, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.

 

15. WARRANTIES AND DISCLAIMERS

 

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH EUROTV TO YOU AT NO ADDITIONAL CHARGE. EUROTV WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASSTHROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, EUROTV OR ITS AGENT MAY REPAIR OR REPLACE DEFECTIVE HARDWARE WITH NEW OR RE-CONDITIONED EQUIPMENT ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES.  

 

THIS EQUIPMENT WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF EUROTV'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN EUROTV OR ITS CONTRACTOR. EUROTV RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. EUROTV WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF EUROTV'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

 

THE SERVICES ARE PROVIDED ON AN `AS IS` AND `AS AVAILABLE` BASIS. EUROTV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED. EUROTV MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EUROTV OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EUROTV OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NEITHER EUROTV NOR IT’S EMPLOYEES, OFFICERs, DIRECTORS OR AGENTS SHALL BE LIABLE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, EUROTV'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE SIX MONTHS IMMEDIATELY PRECEDING A CLAIM.

 

EUROTV SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS FOR ACTS THAT MIGHT INTERFERE WITH PROPER OPERATION OF THE SERVICE BY EUROTV AND ARE NOT DEPENDENT OF EUROTV OR ON WHICH EUROTV HAS NO CONTROL. THESE ACTS INCLUDE BUT ARE NOT LIMITED TO ACTS OF TERRORISM THAT MIGHT AFFECT EUROTV'S INFRASTRUCTURE OR COMMUNICATION LINES, ACTS OF GOD LIKE THUNDERSTORM, LIGHTNING, HAIL, FLOOD, FIRE CAUSED BY LIGHTNING OR BY EXTREME TEMPERATURES, EARTHQUAKE, ELECTRICAL FIRE CAUSED BY INFRASTRUCTURE NOT CONTROLLED BY EUROTV, ARSON.

 

EUROTV SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

 

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF EUROTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST EUROTV IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BETWEEN PROVINCES AND TERRITORIES (IN CANADA) OR BETWEEN STATES (OUTSIDE OF CANADA).

THE SET TOP BOX PURCHASED FROM EUROTV COMES WITH ONE YEAR WARRANTY IF NOT OTHERWISE MENTIONED BY EUROTV. DURING THIS PERIOD OF TIME EUROTV WILL REPLACE THE EQUIPMENT UNDER WARANTY TERMS AND ON EUROTV'S COSTS. IF THE SET TOP BOX BECOMES DEFECTIVE OUTSIDE OF WARRANTY PERIOD, EUROTV HAS NO OBLIGATIONS OVER THE DEFECTIVE  EQUIPMENT. THE RESPONSABILITY OF AQUIRING A NEW SET TOP BOX BELONGS TO EUROTV' CUSTOMER. EUROTV WILL BE ABLE, BUT NOT NECESSARILY OBLIGED TO OFFER THE CUSTOMER A DISCOUNT ON PURCHASING A SECOND SET TOP BOX. IF CUSTOMER DOESN'T WANT TO PURCHASE A SECOND SET TOP BOX AND CHOOSES TO DISCONTINUE THE SERVICE, THE SERVICE INTERRUPTION FALLS UNDER THE TERMS OF TERMS AND TERMINATION AND CANCELLATION POLICY OF THIS AGREEMENT.  

 

16. INDEMNITY

 

You agree to release, indemnify and hold EuroTV, our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), costs and expenses, including legal fees, that EuroTV may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, or any of EuroTV's other agreements and policies and for any act or omission of You that are in any way related to the Service.

 

17. YOUR CONDUCT ON THE EUROTV WEBSITE

 

By accessing the EuroTV website, you agree not to upload, post, email or otherwise send or transmit any material 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 associated with the EuroTV website. You also agree not to interfere with the servers or networks connected to the EuroTV website or to violate any of the procedures, policies or regulations of networks connected to the EuroTV website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the EuroTV website, conduct yourself in a vulgar or offensive manner while using our service, or use the EuroTV website for any unlawful purpose.

 

18. COPYRIGHT AND TRADE MARKS

 

Copyright © 2008, 2009 EuroTV Inc., All rights reserved. The trade-marks EuroTV and logos are the property of EuroTV Inc. and are protected by Canadian and international trade-mark laws.  All content on the EuroTV website, including without limitation graphics, text, logos, video clips and software is provided to EuroTV Inc. under license and is protected by Canadian and international intellectual property laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.

 

19. JURISDICTION

 

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada, as applicable, without giving effect to any conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, ( whether in contract or tort, or pursuant to statute , regulation or otherwise, whether pre-existing, present or future, shall be settled by arbitration in Ontario to the exclusion of the courts by a single arbitrator., Any such arbitration will be governed by the laws of the Province of Ontario, the Arbitration Act 1991, S.O. 1991,c. 17, and amendments thereto, and will be held in Toronto, Ontario. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You waive any right you may have to commence or participate in any class proceedings against us or officers, director, agents, employees, representatives or third – party providers.

 

The Service is provided by EuroTV, Inc., 31044 Westney Heights RPO, Ajax On, L1T3V2, Canada. Charges vary depending of the type of service. Current pricing may be obtained from our website: www.eurotv.ca. EuroTV reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

 

Complaints and questions about the service should be directed to EuroTV Customer Service at 1-877-387-6881.

 

20. MISCELLANEOUS

 

This Agreement, the Privacy Policy, and policies and applicable plans posted on EuroTV's website constitute the entire agreement between You and EuroTV with respect to Your use of the Service. EuroTV may revise, amend, or modify the Agreement and policies at any time and in any manner. Notice of any revision, amendment, or modification will be posted on EuroTV's website: (www.eurotv.ca) and/or on Your start pages and/or by email and/or in our various publications and mailings to You. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of EuroTV.

 

You may not assign Your rights or delegate any of Your duties under this Agreement without the prior written consent of EuroTV, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. EuroTV will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EuroTV as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EuroTV may subcontract any work, obligations or other performance required of EuroTV under this Agreement without Your consent.

 

21. PRIVACY POLICY

 

Your privacy is important to us. This Privacy Policy governs the practices of EuroTV and its affiliates. EuroTV is committed to undertaking reasonable measures to protect the privacy and security of all of the personal information that is provided to us. Please read the following description of our policies and practices regarding your personal information. This policy covers how EuroTV treats personal information that EuroTV collects and receives through its website, http://www.eurotv.ca (the `Web Site`). This policy does not apply to the practices of companies that EuroTV does not own or control. EuroTV’s privacy practices are in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and where applicable, the privacy rules established by the Canadian Radio –Television and Telecommunications Commission ( the “CRTC”)

 

  • In connection with your visit to and participation in activities at the Web Site, you may submit personal information such as your name and other personal information, your shipping address, your billing information and information of your home network. We may obtain additional information regarding your visit to and participation in such activities at the Web Site (all of this information is collectively referred to as `Personal Identifiable Information`). EuroTV is committed, in accordance with this Privacy Policy, to undertaking all reasonable measures to protect the privacy and security of your Personal Identifiable Information that we may collect and receive from you at our Web Site. Personal Identifiable Information does not include aggregated information that is not linked to any of your personal information that can personally identify you.
  • When you voluntarily provide Personal Identifiable Information, we will assume your consent to its use and disclosure in accordance with this Privacy Policy, subject to any use and disclosure from which you have opted out, as provided below.
  • We may be required to collect, share or disclose your Personal Identifiable Information without your consent in the following instances: (i) pursuant to judicial orders, subpoenas, decrees, or warrants; (ii) in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, safety or the security of persons or property, violations of the Web Site Terms of Use, or as otherwise authorized or required by law; and (ii) in connection with the sale or transfer of all or any part of EuroTV.
  • From time to time we may place a `cookie` on your computer. Our third party service providers and ad servers may also place a `cookie` on your computer. A cookie is a file written to your computer hard drive that records certain technical information about your Internet usage, such as your IP address, browser type, or domain name. Also, if you submit Personal Identifiable Information to our Web Site (such as your name, interests or preferences), `cookies` may be used to keep track of such information so that you will not need to reenter this information during subsequent visits. We use `cookies` to customize delivery of our Web Site content and advertisements. You may set your Internet browser preferences to notify you when you receive a `cookie` or to decline its acceptance. If you decline acceptance of `cookies`, however, under certain circumstances you may experience less than optimal performance of our Web Site.
  • Web servers serving our Web Site may automatically collect Personal Identifiable Information regarding the Web Site pages you visit, as well as your IP address or domain name. We may use this information for our internal Web Site business purposes, for example, to tailor our Web Site content or to assess the amount of traffic to our Web Site.
  • Our Web Site may contain advertisements or services offered by other parties and links to their web sites. These other parties and their web sites may include our partners, sponsors and advertisers that may be authorized to use the EuroTV name or logo as a link between the Web Site and their web sites. The links and web sites operated by such other parties may set and access cookies. We are not related to and have no control over such web sites and parties. Those parties are covered by their own privacy policies, and we cannot take any responsibility in that regard.
  • Our Web Site incorporates reasonable safeguards to protect the security and privacy of your Personal Identifiable Information collected at our Web Site in accordance with this Privacy Policy. However it is always possible that any Personal Identifiable Information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly we cannot warrant the security of your Personal Identifiable Information under such circumstances. In addition, Personal Identifiable Information that you may voluntarily disclose and post at our Web Site (such as on message boards and in chat rooms) that may be viewed by the public will create a risk that such Personal Identifiable Information may be used by others and that you may receive unsolicited email or information as a result.
  • Each subscriber to our Service will be supplied with a personal login to the Members Only area of the website. When you set up your account, you are asked to create and secure access to the Members Only area by supplying us with your email and Password. You will also be asked to supply us with personally identifiable information, including your name, billing address, mailing address, telephone numbers, email address and credit card information. We will collect and maintain all of that information and any other information you provide to us in the future through the Members Only area for the purpose of account management, billing and collections, customer support and service management and to provide you and us with a constant source of information about the status of your account, payments, licenses to content and memberships and subscriptions. You are solely responsible for maintaining the confidentiality of your User Name and Password to the Members Only area for ensuring that no minors or third parties access or use in any way your EuroTV account.
  • Your use of the Web Site constitutes your acceptance of our Privacy Policy. If we decide to make any important changes to our Privacy Policy we will post the changes here. Accordingly you should refer to this Privacy Policy before you use the Web Site and/or furnish Personal Identifiable Information to the Web Site. If you have any comments or questions about our Privacy Policy or your Personal Information collected at our Web Site, including its accuracy, integrity, or completeness, or if you wish to access, review, verify, correct, amend, or remove such information, or if you have any questions or comments about our use or disclosure of your Personal Information you may contact us in writing at : EuroTV Inc., 35551 York Mills Plaza, Toronto, ON M2L2Y4, Canada.

Updated October 31st 2014