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”).
Proprietary Rights in App Content; Limited License
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.
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.
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.
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.
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.
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
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.
All App Content is Copyright 2015 House & Home Media. All rights reserved.
If you wish to contact us for any reason, you may do so using any of the following contact information:
House & Home Television
511 King Street West, Suite 120
Toronto, ON, Canada M5V 2Z4
By email: [email protected]
By telephone: (416) 593-0204