Terms of use - Fizz TV application

Updated as of APRIL 24, 2024

These terms of use (the “Terms of Use”) govern your use of any Fizz TV software application that Videotron Ltd., doing business as Fizz (“Fizz”) is making available to customers and that you download, install and/or use (“Software”). The Software is owned by a third party and Fizz is authorized to offer it to its customers. If you do not understand or agree to the terms and conditions of this agreement, you must not download, install or use the Software; if the Software is already installed, you must delete or return all copies to Fizz, as applicable. These Terms of Use must be read with the other documents forming part of your complete agreement with Fizz for TV Service, which also includes your Fizz TV Services Agreement (“Agreement”) and our Privacy Policy. Unless otherwise defined herein, all capitalized terms in this agreement have the meaning assigned to those terms in the Agreement.

 

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.

 

1. Availability requirements or limitations. 

The Software is available on compatible digital devices (including computers and mobile devices) through which you have an Internet connection. Your digital devices, software and Internet connection may have to meet minimum technical requirements, which may be made available by contacting our customer service team. These requirements may change from time to time without notice and you are responsible for updating or maintaining your digital devices, Software and Internet connection as necessary to meet these requirements. We may also provide software updates from time to time as required. The Software is only available to use within Canada.

 

2. Term for this agreement. 

This agreement is effective starting on your first download, installation or use of the Software, as applicable, and it remains in effect until cancelled by you or us, as described below.

You may cancel this agreement at any time by stopping use of the Software and deleting or returning to Fizz all copies of the Software. Alternatively, this agreement will be cancelled:

  1. upon the cancellation of your Fizz TV Service; or

  1. if Fizz finds that you have violated any of the terms of this agreement.

Upon cancellation, you agree to delete or return to Fizz all copies of the Software. All terms relating to proprietary rights shall survive cancellation of this agreement.

 

3. Changes to the Software. 

Fizz may change the Software (including any features and functionality), and any provision of this agreement, at any time without prior notice to you.

 

4. Owner of the Software. 

Except for the limited rights granted to you in this agreement, all right, title, interest and intellectual property rights in and to:  

  1. the Software and its components; and  

  1. any content available for viewing or download on or through the Software (the “Content”)  

are retained by their respective owners and are protected by applicable trademark, copyright or other intellectual property laws and treaties.

 

5. Your rights relating to the Software.

You are granted a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and/or use the Software on your own digital device(s) in order to use the Fizz TV Service, including viewing and downloading Content (as available). This licence is limited to your own personal, lawful, non-commercial use, which use must be in accordance with your Agreement. Without limitation, “personal, lawful, non-commercial use” means:

  1. use which takes place in your private premises, or if outside your private premises, is limited to a private viewing for you and your invitees;

  1. use that specifically excludes any public presentation, even if no fee is charged;

  1. use that complies with all applicable laws in the jurisdiction in which you use the Software and/or Content; and

  1. use for which no fee or payment of any kind is charged or received.

 

6. Restrictions or responsibilities relating to your use of the Software.

You understand and agree that you have been granted a limited licence and not a transfer of ownership in the Software or any Content. Without limiting the previous section, you may not:

  1. copy, reproduce, record, make available to the public, distribute, transmit, broadcast, transfer, license, rent or sell the Software or Content, or any of their components;

  1. modify, adapt, alter or tamper with the Software or Content, or create any derivative works of any of them;

  1. reverse engineer, decompile or disassemble any of the Software;

  1. attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms;

  1. sell, attempt to sell or provide your password used to access the Software to any other person or use any other person’s use name and password; or

  1. circumvent any territorial restrictions, including by attempting to access Content away from your service address that is intended for home viewing only or by using Fizz TV Service outside of Canada.

You understand and agree that you are responsible for all Content and information accessed through the Software, and that Fizz has no liability for Content or information available through the Software that you find offensive, indecent or objectionable. You are responsible for supervising and controlling access to the Software for any minor under your care.

 

7. Software links to third-party websites.

The Software may contain links to other third-party websites. Fizz provides these links as a convenience to you and the inclusion of these links does not constitute an affiliation, endorsement or sponsorship by Fizz of these third-party websites or the content contained therein. Fizz makes no guarantee with regard to the content, veracity or accuracy of the information provided on these third-party websites and Fizz assumes no responsibility in this regard. You acknowledge that Fizz is not responsible or liable in any way for any content, advertising, services or goods obtained or made available through such third-party websites.