Terms of use – Fizz Wi-Fi application

These terms of use (the “Terms of Use”) govern the use of the application Fizz Wi-Fi (“the Application”) that Videotron Ltd. operating under the name of Fizz (hereinafter “Fizz”) is making available to customers.  The said Application is owned by a third party and Fizz is authorized to offer it to its customers.  

 

ACCEPTANCE OF TERMS OF USE

BY USING THE APPLICATION FIZZ MAKES AVAILABLE TO YOU, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APPLICATION OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED FROM TIME TO TIME, AND SUCH AMENDMENTS AND UPDATES SHALL BE EFFECTIVE UPON POSTING. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS OF USE, AS SUCH TERMS OF USE MAY BE AMENDED AND UPDATED FROM TIME TO TIME. YOUR USE OF THE APPLICATION AFTER POSTING OF ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL CONSTITUTE YOUR AGREEMENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

 

Welcome

Fizz (“we” or “our”) is providing its content on this Application subject to these Terms of Use.

 

Privacy policy

For an explanation of our practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy for Fizz subscribers, located here (https://fizz.ca/en/privacy-policy), which is hereby incorporated into these Terms of Use by reference and hereby made a part of these Terms of Use.

 

In order to use the Application, you must register by creating an account with ______ ("the ______ Account") and providing certain personal information about yourself when requested to do so by the Application's registration form.

 

APPLICATION POLICIES

 

Copyrights and trademarks

All content and functionality on the Application, including, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of a third party and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

 

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Application are the registered and unregistered Trademarks of Fizz and its licensors. You agree that you will not refer to or attribute any information to Fizz or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Fizz or its licensors.

 

License and Use of Application Content

Subject to your compliance with these Terms of Use, Fizz hereby grants you a limited, revocable, non-exclusive, non- transferable, license to access and download, display, and print one copy of the content and functionality displayed on the Application (the “App Content”) on any single phone solely for your personal use internal, business use, provided that you do not modify the App Content in any way and that you retain all copyright and other proprietary notices displayed on the App Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the App Content without our prior written consent. Fizz and its licensors reserve the right to terminate or suspend your license at any time, for any reason or no reason, with or without notice to you.  Fizz and its licensors shall not be liable for any loss or damage caused, directly or indirectly, by any such termination or suspension.

 

Notices of Infringement

Fizz and its licensors prohibit the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Application, please write to Fizz  at the address shown below, giving a written statement that contains: identification of the copyrighted work and/or intellectual property right claimed to have been infringed; identification of the allegedly infringing material on the Application that is requested to be removed; your name, address, and daytime telephone number, and an email address if available; a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Fizz or its licensor will take reasonable measures to delete or prohibit access to any posted content that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512©(3)). Our contact for submission of notices under this Section is: Videotron Ltd., doing business as FIZZ, headquartered at 612 St-Jacques Street, Montreal (Quebec) H4C 3M8 and Contact us | Fizz

 

Your obligations

The Application may be used to access detailed technical information on a network. Accordingly, the Application is not for use by minors, and is only for use by either the owner of the network that it is being used to analyze or is being used by a person who has obtained the consent of the owner of the network to use the Application on that network.

 

Accordingly, you hereby warrant to us that:

a. You are at least 18 years of age;

b. All information that you submit to Fizz is true and accurate; and

c. You will only use the Application on a network which you either (a) own; or (b) have obtained the consent of the owner of the network to use the Application on that network.

 

In using the Application You shall not:

a. impersonate any person or entity or misrepresent their affiliation with a person or entity;

b. interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 

c. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

d. collect or store personal data about other users or viewers;

e. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application;

f. copy, modify, distribute, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application or any software or App Content provided as part of the Application;

g. access the Application in a manner that utilizes the resources of the Application more heavily than would be the case for an individual person would during conventional use; or

h. upload or otherwise transmit any content that is subject to any third-party rights, unless the third-party holder of such rights has given you express written authorization for such upload or transmission;

except to the extent any of the foregoing restrictions are expressly prohibited by applicable law or regulation.

 

Links to third party sites

Any third-party sites linked to the Application or App Content (“Linked Sites”) are not controlled by Fizz or its licensors and Fizz and is licensors shall have no responsibility for the content of such Linked Sites or your use of such Linked Sites.

 

Disclaimers and Limitation of Liability

The content and functionality on the Application is provided with the understanding that Fizz and its licensors are not herein engaged in rendering professional advice and services to you. All content and functionality on and the security of the Application is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, ownership, non-infringement, or that your use of the Application will be uninterrupted, error free, secure, private or free from viruses. Fizz and its third-party content providers and licensors make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the App Content. Your use of the Application and App Content is at your sole risk. To the maximum extent permitted by applicable law, Fizz and its licensors shall have no liability or responsibility for your use of the Application or any App Content, including any information published on linked web sites, contained in any content published on the Application, or provided by third parties.

 

Neither Fizz nor its third-party content providers or licensors shall be liable for any damage or losses that you may incur, including direct, indirect, special, incidental, consequential, or punitive damages or for lost of revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability or law, whether in action under contract[JC1] , tort or otherwise, and extra-contractual action, or a civil suit, or by any other legal remedy. This limitation of liability clause shall apply notwithstanding the failure of any limited remedy available at law.

 

Availability & Updates

Fizz or its licensors may alter, suspend, or discontinue this Application at any time and for any reason or no reason, without notice. The Application or certain of its functionality may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Fizz and its licensors may periodically add or update the functionality, content, information and materials on or of this Application without notice.

 

Applicable laws

These Terms of Use are governed by applicable laws in the province of Quebec and any other province where Fizz services, goods, or products are rendered as well as by applicable federal laws. Any dispute that may arise is to be submitted to the competent province of Quebec tribunals in the judicial district of Montreal.  Should any provision in these Terms of Use be found invalid by a competent tribunal, it will not affect the validity of the other provisions. The invalid provision will simply be dissociated from the other provisions in these Terms of Use, which will remain in force.

If you suffer any prejudice whatsoever or disagree in any way with the provisions in the present Terms of Use, your only recourse is to leave this Application.

 

Entire Agreement

These Term of Use, including the documents expressly incorporated by reference, constitute the entire agreement between You and Fizz with respect to its subject matter.  These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Fizz with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms of Use.