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Thank you for visiting this site controlled by QuickPlay Media Inc. ("QuickPlay") and for using the QuickPlayer for BlackBerry application (the "Application"). The use of the Application is subject to only the following terms and conditions (the "Terms"). Further as the Application accesses content from third party parties, on a fee or without fee basis, certain information must be collected from you in order to allow you to use the Applications. If you do not agree with the Terms and thereby consent to the use of certain information, any further download of the Application will be terminated and any use of the Application by you is prohibited.
1. The Application. The QuickPlayer for BlackBerry java-based application that enables certain audio and video content to be accessed through certain BlackBerry devices. Through the Application you will be able to access certain content on a without fee basis or on a fee basis based upon a monthly subscription charge. The Application is being made available to you by QuickPlay on a without fee basis from QuickPlay. By downloading the Application and using it to access the available content or by clicking on the "I Accept" button below, you agree, without any limitation or qualification, to be bound by these Terms. You agree that QuickPlay is making this Application available to you in reliance of the Terms set out therein, and that the disclaimers, limitations and exclusions of liability and indemnification provisions of these Terms shall survive any termination of this agreement between you and QuickPlay.
2. Carrier/Provider Network Charges. PLEASE NOTE: WHILE THE APPLICATION IS BEING MADE AVAILABLE ON A WITHOUT FEE BASIS, WHEN YOU DOWNLOAD THE APPLICATION OR ACCESS VIA THE APPLICATION YOU MAY BE CHARGED FOR THIS DOWNLOAD BY YOUR CARRIER OR SERVICE PROVIDER. ANY SUBSCRIPTION CHARGES ARE IN ADDITION TO ANY CARRIER/PROVIDER NETWORK CHARGES. PLEASE REVIEW YOUR CARRIER/PROVIDER SERVICE AGREEMENTS WITH RESPECT TO ANY CHARGES THAT YOU MAY BE LIABLE FOR WITH RESPECT TO THE DOWNLOAD OF THIS APPLICATION AND USE OF ANY CONTENT VIA THE APPLICATION.
3. The License. The Application is being licensed to you and is not sold to you. QuickPlay hereby grants to you a non-exclusive, non-transferable license, without any rights of sublicense to use the Application (in object code only) for your own personal and non-commercial uses; no other license is intended or implied. Further, as you may access certain content via the Application, you are licensed only to view the content in a streamed format and you may not modify, record, copy, re-transmit or re-distribute the content accessed via the Application in any way, or in any media now known or that may be developed. You agree not to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the Application. You agree and acknowledge that you are prohibited from any resale or unauthorized distribution of the content you access through the Application.
4. Application Disclaimer. YOU ACKNOWLEDGE AND AGREEE THAT THE APPLICATION IS BEING PROVIDED BY QUICKPLAY TO YOU ON A WITHOUT CHARGE BASIS (EXCEPT FOR ANY NETWORK CHARGES) AND ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. QUICKPLAY DOES NOT PROVIDE ANY WARRANTY THAT THE APPLICATION AND ANY CONTENT (WHETHER PROVIDED ON A WITHOUT FEE BASIS OR ON A FEE BASIS AS PART OF A MONTHLY SUBSCRIPTION FEE) FROM A THIRD PARTY CONTENT PROVIDER IS OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
5. Limitation of Liability. IN NO EVENT SHALL QUICKPLAY, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY ("DAMAGES"), REGARDLESS OF WHETHER QUICKPLAY HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AS SET OUT BELOW WILL BE TO TERMINATE ANY SUBSCRIPTION SERVICE.
6. Indemnification. You agree to defend, indemnify and hold QuickPlay, its affiliates, licensors, directors, officers, employees, agents and advisors, including any and all third party content providers whose content you may access through the Application, from and against any and all claims, actions, controversies and demands of any kind, including without limitation reasonable legal fees and expenses ("Claims") resulting from your download of the Application, use of the content via the Application and your breach of the Terms. In the case of defence of Claims, you will use best efforts to cooperate with QuickPlay that shall, at its own expense, assume exclusive control and defence of any Claims.
7. Consent To Use Your Private Information. In the event that you subscribe for certain content from a third party content provider ("Subscription Service"), QuickPlay will collect from you certain information from you in order to process your Subscription Service request. This information will be collected by QuickPlay, encrypted and provided to a third party billing intermediary in order to process your Subscription Service. You agree to pay all the fees applicable for such Subscription Service you incur, including any and all network/provider charges. All fees are non-refundable. As the fees for any Subscription Service are set by the third party content providers, you acknowledge that the monthly fees for any Subscription Service may be subject to change by the third party content provider and that new fees may be instituted at any time and be effective as such time with or without notice to you. You specifically acknowledge and consent that in order to ensure the payment of fees to QuickPlay, its third party content providers and to process the such fee through a third party billing mediator it will be necessary to collect certain financial information and to distribute such information to the third party billing mediator in order to allow you to access the Subscription Service. Also, you specifically acknowledge and consent to the collection and use of certain individual information related to the use of the Application, access to the Content and your use of certain features within your BlackBerry to all the content to be accessed through the Application in order to allow the provision of a high-quality service, to provide any assistance to you and to ensure the territorial integrity of distribution of certain content. Any information collected and distributed on an individual basis is only for aforementioned purposes only. QuickPlay does reserve the right, however, to perform statistical analyses of user behaviour and characteristics, in order to improve the design and navigation of the Application and to gather marketing information to improve the quality of the Application and access to content. Only aggregated data from these analyses is used for these purposes. You represent that any and all information provided by you to QuickPlay for the purposes of using the Application shall be up-to-date, complete and accurate in all respects.
8. Intellectual Property. The Application, inclusive of its software, is the property of QuickPlay and is protected by Canadian and international copyright laws. The QuickPlay Media mark and logo, the terms QuickPlay, QuickPlay Media and QuickPlayer are the property of QuickPlay and may only be reproduced with the express written authorization of QuickPlay. All rights are reserved. The Content accessed through the Application, including the text, images, any audio or video, as well as the compilation of any of the aforementioned content, is the property of the respective content provider and is protected by Canadian and international copyright laws. All rights are reserved. With respect to the Application, the RIM and BlackBerry families of related marks, images and symbols are the exclusive trademarks and properties of Research In Motion Limited - used by permission. BlackBerry, the BlackBerry logo, the 'envelope-in-motion' symbol and 'Always On, Always Connected' are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other logos, marks, trademarks, service marks, service, product and/or company names that appear as a result of your use of the Application or any third party hyperlink remain the property of their respective owners.
9. Third Party Links. In order to access content, the Application provides links to third party content sites. The content provided within the third party sites are not under the control of QuickPlay. Any subscription to any third party content is at your own risk. QuickPlay makes no representation or warranty whatsoever regarding any third party linked site, any information contained therein, any products or services that may be described or obtained therefrom or any accuracy or compliance with laws of any third party site.
10. Modification of Terms. QuickPlay reserves the right from time to time, without notice to you, to modify, discontinue on a temporary or permanent basis the content line up and these Terms. It is your responsibility to check from time to time these Terms.
11. Your Sole Remedy. In the event of any dispute, controversy or claim, you agree that your sole remedy will be to terminate your subscription to any Subscription Service. QuickPlay reserves the option in its sole discretion to assist you and to refund any payments made by you to QuickPlay except for any administrative fees associated with the processing of your Subscription Service that cannot be refunded to QuickPlay by its third party billing mediator.
12. General Terms. This agreement with you is personal to you and cannot be assigned by you. The Terms shall be interpreted and construed in accordance with the domestic laws of the Province of Ontario and Canada without any reference to its conflicts of laws principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Each of QuickPlay and you agree that any Claims, if outstanding, will be referred to and finally settled with respect to any and all matters related to a Claim by private and confidential binding arbitration in English before a single arbitrator held in the Toronto, Ontario, Canada pursuant to the Arbitration Act, 1991 (Ontario). Notwithstanding anything to the contrary with respect to the foregoing, you agree that any breach of QuickPlay?s or its third party content provider?s intellectual property rights would cause irreparable harm to QuickPlay and/or its third party content providers that could not be compensated solely by monetary damages and that QuickPlay reserves the right to pursue the protection of QuickPlay?s intellectual property rights or those of its third party content providers by injunctive or such other equitable relief through any court of competent jurisdiction.
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