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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.
of the AllSeeGo Services (including access to the Content) on the
Use" or "Terms") and any end user license agreement that might accompany
an AllSeeGo application, feature or device.
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
intended to include AllSeeGo Premium). If you are not a subscriber of
AllSeeGo Premium, then Section 4 does not apply to you.
is our pleasure to provide the AllSeeGo Services for your personal
access and enjoy the AllSeeGo Services, you must agree to, and follow,
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.
of Use on the AllSeeGo Site at AllSeeGo.com/terms. If we make a material
of the amendment on the AllSeeGo Site. Any material amendment to these
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
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.
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.
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).
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.
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:
the rights of others, including patent, trademark, trade secret,
copyright, privacy, publicity, or other proprietary rights;
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);
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);
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;
disables, overburdens, impairs, or gains unauthorized access to the
AllSeeGo Services, including AllSeeGo's servers, computer network, or
modifies, disables, blocks, obscures or otherwise impairs any
advertising in connection with the AllSeeGo Services (including the
uses the AllSeeGo Services to advertise or promote services that are not expressly approved in advance in writing by AllSeeGo;
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.
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
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.
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
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
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.
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.
the AllSeeGo Service is offered in multiple time zones, for
a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same
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.
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.
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.
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.
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.
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
5. ALLSEEGO ECOMMERCE
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.
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 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
7. COLLECTION AND USE OF PERSONAL INFORMATION
information about AllSeeGo's policies and practices regarding the
collection and use of your personally identifiable information, please
and use of the AllSeeGo Services on any of the Properties are governed
8. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
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.
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.
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.
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
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
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
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.
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
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
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
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.
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
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
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.
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
1133 Leslie St., Suite 213
Toronto, Ontario, Canada M3C 2J6
Facsimile: (416) 538-2211
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
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.
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.
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
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
waiver of that provision (or any other provision) with respect to either
that party or any other party. Further, AllSeeGo's decision to delay
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.
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
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.
and agreeing to follow these Terms, the experience will be better for
all users. Enjoy the AllSeeGo Services!