Terms Of Use (Samsung TV App)

Welcome to House & Home’s Streaming TV app for Samsung Smart TVs (the “App”). The App is an interactive streaming video service operated by House & Home Media (“us”, “we”, or “our”).

These Terms of Use apply to all users of the App (“Users”). By accessing or using the App, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). You also agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the App after any such changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the App. We will make reasonable efforts to notify users of material changes to these Terms of Use, but it is your responsibility to regularly check the App to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Proprietary Rights in App Content; Limited License

All content on the App, including designs, text, graphics, pictures, video, information, music, sound and other files, and their selection and arrangement (the “App Content”), are the property of House & Home Media or its licensors with all rights reserved. No App Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You are granted a limited license to access and use the App and the App Content solely for your personal, non-commercial use. You may not copy or upload or republish App Content in any format, and any other use of the App Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the App or the App Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App (“Submissions”), provided by you in any format in any media are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Trademarks

House & Home Media, House & Home Streaming TV, H&H Television and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress in Canada and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Non-Commercial Use

You may use the App for personal, non-commercial use only. As a condition of your use of App, you agree that you will not (and will not authorize anyone else to) sell or modify any App or reproduce, display, distribute, or otherwise use any App Content in any way for any commercial purpose without our written permission. You agree to cooperate in causing any unauthorized use of the App or App Content immediately to cease. In addition, you may not use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use and enjoyment of the App.

Copyright Complaints

We respect the intellectual property rights of others. If you believe that any material on the App infringes any copyright which you own or control, you may send a written notification of such infringement to us using the contact information provided below. If we receive notification of an alleged Infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material.

Disclaimers

The App and the App Content may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any technical malfunction or other problems of any network or service, computer systems, servers or internet and phone plan deals providers, software or players on account of technical problems or network traffic congestion on the Internet, including injury or damage to User’s or to any other person’s hardware or software, related to or resulting from using or downloading materials in connection with the App or App Content. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User or personal injury or death, resulting from anyone’s use of the App or the App Content posted on or through the App.

THE APP, AND ALL APP CONTENT ARE PROVIDED “AS-IS”. HOUSE & HOME MEDIA DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APP. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR HARDWARE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE APP CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

We reserve the right to change any and all content, software and other items used, contained in or offered through the App at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith.

Limitation on Liability

IN NO EVENT WILL HOUSE & HOME MEDIA OR ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST INCOME OR LOST DATA OR DAMAGE TO ANY COMPUTER SYSTEM, ARISING FROM YOUR USE OF THE APP, OR ANY OF THE APP CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE APP, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID FOR USE OF THE APP OR FOR THE SERVICE GIVING RISE TO A CLAIM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.

Termination

We reserve the right, at our sole discretion, to limit or terminate access to the App, delete any content or information on the App for any reason, or no reason, at any time in our sole discretion, with or without notice.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

Arbitration

YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE APP IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE APP (INCLUDING YOUR VISIT TO OR USE OF THE APP) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein then the parties acknowledge that damages is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through us may be arbitrated. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APP, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the App (including your visit to or use of the App and/or the Service) be instituted more than two (2) years after the cause of action arose.

Indemnity

You agree to indemnify and hold House & Home Media, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the App or App Content, your conduct in connection with the App, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and us regarding the use of the App or the App Content, superseding any prior agreements between you and us relating to your use of the App or the App Content. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions

Copyright

Contact us:

If you wish to contact us for any reason, you may do so using any of the following contact information:

By mail:

House & Home Television

511 King Street West, Suite 120

Toronto, ON, Canada M5V 2Z4

By email: [email protected]

By telephone: (416) 593-0204