Terms of Use

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

AllSeeGo service ("AllSeeGo," "we," or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by AllSeeGo in connection with its business, however accessed, are referred to collectively as the "AllSeeGo Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

  • the AllSeeGo.com website (the "AllSeeGo Site");

  • AllSeeGo’s affiliate and distributor websites;

  • AllSeeGo authorized applications, features or devices.

Use of the AllSeeGo Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany an AllSeeGo application, feature or device.

Certain AllSeeGo Services are provided to you free-of-charge. There are some other AllSeeGo Services that, if you are interested in accessing, will require payment by you. The AllSeeGo Services that may be accessed after payment are referred to currently as "AllSeeGo Premium." There is certain information in these Terms that relate only to AllSeeGo Premium and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to AllSeeGo Premium, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to "AllSeeGo Services" throughout this Terms of Use are intended to include AllSeeGo Premium). If you are not a subscriber of AllSeeGo Premium, then Section 4 does not apply to you.

It is our pleasure to provide the AllSeeGo Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the AllSeeGo Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the AllSeeGo Site or using any of the AllSeeGo Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us.

 

2. CHANGES TO THE TERMS OF USE BY ALLSEEGO

AllSeeGo may amend these Terms of Use at any time by posting the amended Terms of Use on the AllSeeGo Site at AllSeeGo.com/terms. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the AllSeeGo Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

 

3. ACCESS AND USE OF THE ALLSEEGO SERVICES

Age Limitations. The AllSeeGo Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with AllSeeGo or provide your personal information to AllSeeGo. If you are at least 13 and under 18 years of age, you may register with AllSeeGo only if you have the consent of your parent or guardian.

Your License. AllSeeGo is pleased to grant you a non-exclusive limited license to use the AllSeeGo Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by AllSeeGo in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by AllSeeGo in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by AllSeeGo. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by AllSeeGo in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Embedding a Video Using the Video Player. Where AllSeeGo has incorporated an embed option in connection with Content on the AllSeeGo Services, you may embed videos using the Video Player, only with written consent from AllSeeGo, and provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to AllSeeGo (in AllSeeGo's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. AllSeeGo reserves the right to prevent embedding to any website or other location that AllSeeGo finds inappropriate or objectionable (as determined by AllSeeGo in its sole discretion).

Ownership. You agree that AllSeeGo owns and retains all rights to the AllSeeGo Services. You further agree that the Content you access and view as part of the AllSeeGo Services is owned or controlled by AllSeeGo and AllSeeGo's licensors. The AllSeeGo Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities. In order for us to keep the AllSeeGo Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the AllSeeGo Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the AllSeeGo Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the AllSeeGo Site or use the AllSeeGo Services in a way that:

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

  • uses technology or other means to access, index, frame or link to the AllSeeGo Services (including the Content) that is not authorized by AllSeeGo (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the AllSeeGo Services);

  • involves accessing the AllSeeGo Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the AllSeeGo Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • damages, disables, overburdens, impairs, or gains unauthorized access to the AllSeeGo Services, including AllSeeGo's servers, computer network, or user accounts;

  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the AllSeeGo Services (including the Content);

  • uses the AllSeeGo Services to advertise or promote services that are not expressly approved in advance in writing by AllSeeGo;

  • collects personally identifiable information in violation of AllSeeGo's Privacy Policy;

  • encourages conduct that would constitute a criminal offense or give rise to civil liability;

  • violates these Terms or any guidelines or policies posted by AllSeeGo;

  • interferes with any other party's use and enjoyment of the AllSeeGo Services; or

  • attempts to do any of the foregoing.

If AllSeeGo determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the AllSeeGo Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the AllSeeGo Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the AllSeeGo Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the AllSeeGo Services, you acknowledge that you will have caused substantial harm to AllSeeGo and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay AllSeeGo $50 for each such unsolicited communication you send through the AllSeeGo Services.

Downloads. In order to participate in certain AllSeeGo Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the AllSeeGo Services (including the Content and the devices through which the AllSeeGo Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that AllSeeGo may do so in AllSeeGo's sole discretion. You also agree that AllSeeGo will not be liable to you for any modification, suspension, or discontinuance of the AllSeeGo Services, although if you are a AllSeeGo Premium subscriber and AllSeeGo suspends or discontinues the AllSeeGo Premium service, AllSeeGo may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if AllSeeGo terminates your account or suspends or discontinues your access to AllSeeGo Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

Customer Service. If we can be of help to you, please do not hesitate to contact us. It would be our pleasure to serve you.

4. AllSeeGo Premium Subscriptions and Billing

While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that AllSeeGo would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay a subscription fee to access the AllSeeGo Premium Content.

You can find the specific details regarding your subscription to AllSeeGo Premium at any time by logging in on the AllSeeGo website and clicking on Account under your name. You agree that your AllSeeGo Premium account is for individual use only and your AllSeeGo Premium account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.

Because the AllSeeGo Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

Billing. By providing a credit card or other payment method accepted by AllSeeGo (“Payment Method”) for your AllSeeGo Premium subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of AllSeeGo Premium to the Payment Method. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the AllSeeGo website and clicking on Account under your name. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the AllSeeGo website and click on Account under your name.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If AllSeeGo changes the subscription fee or other charges for AllSeeGo Premium from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where AllSeeGo determines it is appropriate (e.g., the AllSeeGo Premium service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at AllSeeGo's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Ongoing Subscription and Cancellation. Your AllSeeGo Premium subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to AllSeeGo Premium for the remainder of that period, but you will not receive a refund. You can cancel your account by logging in on the AllSeeGo website and clicking on Account under your name and then choosing to "edit" your subscription under "Billing Information" and clicking on the "cancel" option.

Unpaid Amounts. In order to sustain the AllSeeGo Premium service, it is important that each user of the AllSeeGo Premium service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with AllSeeGo Premium . You will remain liable to AllSeeGo for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Free Trials. On occasion, we may be authorized to offer the use of AllSeeGo Premium through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the AllSeeGo website and click on Account under your name.

Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from AllSeeGo that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel AllSeeGo Premium prior to midnight Eastern Time on the last day of your free trial period. You can cancel your account by logging in on the AllSeeGo website and clicking on Account under your name then choosing to "edit" your subscription under "Billing Information" and clicking on the "cancel" option. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at any time as described in the Ongoing Subscription and Cancellation section of these Terms. To the extent AllSeeGo Premium subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that AllSeeGo will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

5. ALLSEEGO ECOMMERCE

The following terms and conditions govern the sale of products by AllSeeGo. By submitting your order to us, you are indicating acceptance to be bound by these terms and conditions.

The products and pricing listed on our website are not to be considered offers to sell, but rather advertisements to receive offers of purchase. All orders are subject to review and acceptance by AllSeeGo. All prices are subject to change so your order may not be accepted or you may be advised of issues of pricing or availability in regards to your order.

Order Acceptance Policy. Receipt of order confirmation sent to you does not signify our acceptance of the order nor does it constitute confirmation of an offer to sell. AllSeeGo reserves the right to accept or decline your order for any reason at anytime after receiving your order. Only based on shipping confirmation will our acceptance of your order be confirmed. All orders must be pre-approved with an acceptable method of payment before shipment occurs. We may need additional information for verification purposes before we accept any order.

Prices. All prices shown on AllSeeGo are in Canadian Dollars and do not include the applicable taxes unless otherwise noted. The prices do not include shipping and handling nor any other services such as insurance. Price charged for orders will be the price at the time of the order.

Typographical Errors. AllSeeGo reserves the right in the event of any item listed at an incorrect price or with incorrect information due to a typographical error or an error on information received from our suppliers to decline and/or cancel any orders for the incorrectly listed item. We may cancel at our discretion orders which may or may not have been confirmed including orders which may have been paid for or charged to your credit card. In the event a charge has been made to your credit card, AllSeeGo will immediately issue a credit to your card to offset the purchase.

Shipping & Handling and Taxes. You, the buyer, are responsible for all applicable charges including but not limited to; shipping, handling, delivery, taxes and applicable tariffs associated with the purchase.

Risks associated with shipping. When AllSeeGo ships the product, our liability for damage or breakage on the shipment will be limited to the coverage provided by the carrier's terms and conditions. You may wish to purchase additional insurance coverage for the full value of the product when you order. The appropriate request should be made when you submit your order request. AllSeeGo does not give any delivery guarantee such as specified time or date. All shipping dates are estimated from information provided by the carrier and internal processing time.

Payment Terms. Payment may be made by online bank payment or credit card. Orders will only be processed based on confirmation of payment.

Limitation of Liability. The maximum liability to you on products purchased from AllSeeGo shall be limited to the purchase price of the products you paid. AllSeeGo will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies in all cases however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or other reasons. Some of these limitations may not apply in some jurisdictions and those damages limitations not allowed under by exclusion or restriction under law may not apply to you.

 

 

6. ACCOUNTS AND REGISTRATION

The following terms and conditions govern the sale of products by AllSeeGo. By submitting your order to us, you are indicating acceptance to be bound by these terms and conditions.

The products and pricing listed on our website are not to be considered offers to sell, but rather advertisements to receive offers of purchase. All orders are subject to review and acceptance by AllSeeGo. All prices are subject to change so your order may not be accepted or you may be advised of issues of pricing or availability in regards to your order.

Order Acceptance Policy. Receipt of order confirmation sent to you does not signify our acceptance of the order nor does it constitute confirmation of an offer to sell. AllSeeGo reserves the right to accept or decline your order for any reason at anytime after receiving your order. Only based on shipping confirmation will our acceptance of your order be confirmed. All orders must be pre-approved with an acceptable method of payment before shipment occurs. We may need additional information for verification purposes before we accept any order.

Prices. All prices shown on AllSeeGo are in Canadian Dollars and do not include the applicable taxes unless otherwise noted. The prices do not include shipping and handling nor any other services such as insurance. Price charged for orders will be the price at the time of the order.

Typographical Errors. AllSeeGo reserves the right in the event of any item listed at an incorrect price or with incorrect information due to a typographical error or an error on information received from our suppliers to decline and/or cancel any orders for the incorrectly listed item. We may cancel at our discretion orders which may or may not have been confirmed including orders which may have been paid for or charged to your credit card. In the event a charge has been made to your credit card, AllSeeGo will immediately issue a credit to your card to offset the purchase.

Shipping & Handling and Taxes. You, the buyer, are responsible for all applicable charges including but not limited to; shipping, handling, delivery, taxes and applicable tariffs associated with the purchase.

Risks associated with shipping. When AllSeeGo ships the product, our liability for damage or breakage on the shipment will be limited to the coverage provided by the carrier's terms and conditions. You may wish to purchase additional insurance coverage for the full value of the product when you order. The appropriate request should be made when you submit your order request. AllSeeGo does not give any delivery guarantee such as specified time or date. All shipping dates are estimated from information provided by the carrier and internal processing time.

Payment Terms. Payment may be made by online bank payment or credit card. Orders will only be processed based on confirmation of payment.

Limitation of Liability. The maximum liability to you on products purchased from AllSeeGo shall be limited to the purchase price of the products you paid. AllSeeGo will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies in all cases however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or other reasons. Some of these limitations may not apply in some jurisdictions and those damages limitations not allowed under by exclusion or restriction under law may not apply to you.

 

7. COLLECTION AND USE OF PERSONAL INFORMATION

For information about AllSeeGo's policies and practices regarding the collection and use of your personally identifiable information, please read AllSeeGo's Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the AllSeeGo Site and use of the AllSeeGo Services on any of the Properties are governed by the AllSeeGo Privacy Policy in effect at the time of your use.


 

8. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts. As part of the AllSeeGo Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the AllSeeGo Services enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the AllSeeGo Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant AllSeeGo the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. AllSeeGo will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that AllSeeGo does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to AllSeeGo. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant AllSeeGo a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the AllSeeGo Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to AllSeeGo is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to AllSeeGo), fully-paid, royalty-free (meaning that AllSeeGo is not required to pay you for the use of your User Material), and sublicensable (so that AllSeeGo is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the AllSeeGo Services). By Posting your User Material, you also hereby grant each user of the AllSeeGo Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the AllSeeGo Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. AllSeeGo does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of AllSeeGo. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does AllSeeGo assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against AllSeeGo with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the AllSeeGo Services is not available for a specific instance of inappropriate User Material, please email us(subject line: "Inappropriate User Material").

 

9. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that AllSeeGo operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the AllSeeGo Services, we will not warn you that you have left the AllSeeGo Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the AllSeeGo Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

AllSeeGo is not responsible for the content or practices of any website or destination other than the AllSeeGo Site, even if it links to the AllSeeGo Site and even if the website or destination is operated by a company affiliated or otherwise connected with AllSeeGo. By using the AllSeeGo Services, you acknowledge and agree that AllSeeGo is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the AllSeeGo Site.

Advertisements. AllSeeGo takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the AllSeeGo Services are between you and the advertiser, and you agree that AllSeeGo is not liable for any loss or claim that you may have against an advertiser.

 

 

10. TRADEMARKS

AllSeeGo, the AllSeeGo logo, www.AllSeeGo.com, and other AllSeeGo marks, graphics, logos, scripts, and sounds are trademarks of AllSeeGo. None of the AllSeeGo trademarks may be copied, downloaded, or otherwise exploited.

 

 

11. UNSOLICITED SUBMISSIONS

It is AllSeeGo's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. AllSeeGo's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any AllSeeGo creative work, including a film, series, story, title, or concept, would be purely coincidental.

 

12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ALLSEEGO SERVICES, YOU AGREE THAT USE OF THE ALLSEEGO SERVICES IS AT YOUR OWN RISK. THE ALLSEEGO SERVICES, INCLUDING THE ALLSEEGO SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ALLSEEGO DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ALLSEEGO SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL ALLSEEGO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "ALLSEEGO  PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ALLSEEGO SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ALLSEEGO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE ALLSEEGO SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ALLSEEGO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ALLSEEGO SERVICES (INCLUDING YOUR USE OF THE CONTENT). ALLSEEGO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

13. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the AllSeeGo Services, including through a link, infringes your copyright, you should notify AllSeeGo of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that AllSeeGo receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to AllSeeGo's copyright agent (subject line: "Takedown Request"). You may also contact us by mail or facsimile at:

Attention: Copyright Agent

AllSeeGo

1133 Leslie St., Suite 213

Toronto, Ontario, Canada M3C 2J6

Facsimile: (416) 538-2211

 

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the AllSeeGo Services that is reasonably sufficient to enable AllSeeGo to identify and locate the material; (iv) how AllSeeGo can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

AllSeeGo has a policy of terminating repeat infringers in appropriate circumstances.

 

14. GENERAL INFORMATION

International Use. We are a company based in Canada. AllSeeGo's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where AllSeeGo does not have rights or does not offer services is prohibited.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the AllSeeGo Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Canada or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the Province of Ontario  without giving effect to principles of conflicts of law. In the event of a claim by you against AllSeeGo, you agree to submit to the exclusive jurisdiction of the courts located in the city of Toronto of the Province of Ontario. In the event of a claim by AllSeeGo against you, you agree to submit to the jurisdiction of the courts located where AllSeeGo pursues its claim against you, which may include courts in the city of Toronto of the Province of Ontario.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know (subject line: "TOU Violation"). Precisely how AllSeeGo responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon AllSeeGo's precise response with respect to one party or one situation as any indication of what AllSeeGo might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, AllSeeGo's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if AllSeeGo acts in a way that appears to you to be inconsistent with these Terms of Use, AllSeeGo's action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including AllSeeGo's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany AllSeeGo authorized applications, features and devices, constitute the entire legal agreement between you and AllSeeGo and govern your use of the AllSeeGo Services (including your use of the Content) (but excludes any services, if any, that AllSeeGo may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and AllSeeGo in relation to the AllSeeGo Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by AllSeeGo. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the AllSeeGo Services!