Terms of Use Agreement

TERMS OF USE APPLICABLE TO THIS SITE

Use of this Site Signifies Your Agreement to the Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Last Updated:  August 23, 2019

Insight Productions Ltd., and/or its related, associated, affiliated, successor, and subsidiary entities (collectively, “Insight”, “we”, “us”, and “our”) own and operate this website and related pages and own or license all Content and Software (both as defined below) contained on the website and related pages  (collectively, the “Site”).  By accessing, viewing, browsing or using the Site, you signify your acceptance and agreement to be bound by these terms of use, including the Privacy Policy (https://insighttv.com/privacy-policy/) (collectively, “Terms of Use”). If you do not agree to the Terms of Use, INCLUDING THE Privacy Policy, please do not use the Site. We may modify, revise or update the Terms of Use at any time by updating this posting. By accessing, viewing, browsing or using the Site following any such modification or revision, you agree to be bound by such modification or revision. We recommend that you consult the Terms of Use each time you use the Site.

The Site is provided by Insight, based in Ontario, Canada.  We make no representation that the information contained on the Site or your access to it is appropriate for you. You are responsible for compliance with local laws that apply at your point of access.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise indicated, the contents of the Site, including without limitation, all logos, texts, graphics, images, sounds, performances, cinematic productions, videos, audio-visual works and the collection, organization, arrangement and assembly of the contents (collectively, the “Content”) of this Site are the property of Insight and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property laws, including copyright, trademark and other laws and regulations. No Content either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, archived, modified, sold, distributed or otherwise made available in any way, without Insight’s prior written consent.  Insight, at its sole discretion, grants you a limited non-exclusive, non-transferrable, freely revocable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. The use of any Content on any other website or networked computer environment for any purpose is prohibited.

In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are non-exclusively licensed to you by Insight.  Insight does not transfer title in and to the Software to you. As between you and Insight, Insight retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

We reserve all rights not expressly granted to you in these Terms of Use. Nothing in these Terms of Use confers upon a User any right of ownership in any copyright, patent, trademark, trade secret or other proprietary rights or rights belonging to Insight or its licensors. 

Your unauthorized use of the Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.

ACCEPTABLE SITE USE

General Rules

You may not use the Site in order to link to, transmit, or otherwise distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, profane, pornographic, threatening, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms of Use and applicable laws.

Website Security Rules

As an essential condition of using the Site, you agree that you will not violate or attempt to violate the security of the Site, including, without limitation:

  • Accessing data not intended for you or logging into a server or account which you are not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing” the Site.
  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner.
  • Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Site.
  • Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Site.
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access.
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
  • Use any process or means, whether automated or manual, to capture data of any other user of the Site for any reason.
  • Use data collected from the Site to contact individuals, companies, or other persons or entities.
  • Use data collected from the Site for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing).
  • Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use. 

Violations of any of the above may result in civil or criminal liability. Insight will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree to comply with applicable laws and regulations and to not participate in, facilitate, or further illegal activities with respect to the Site.  You also agree to immediately notify us if you learn of a security breach or other illegal activity in connection with the Site.

You acknowledge and agree that Insight can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms of Use.

SUBMISSIONS

Insight does not solicit or wish to receive any ideas, suggestions, confidential, secret or proprietary information or any other materials from you through the Site, by email or otherwise. Therefore, please do not send Insight or post on the Site any unsolicited materials of any kind (e.g., ideas for shows, or other products, user-generated content, stories, drawings, ideas, designs, concepts, treatments, scripts, or any other materials) (collectively, “Submissions”).  Insight strives to avoid the possibility of future misunderstandings when Insight develops projects, whether internally or by third parties, which might seem to others to be similar to their own creative ideas or materials.

However, if you decide to make or post any such unsolicited Submissions, you hereby grant to Insight the full, unconditional, unlimited, irrevocable, worldwide right and license to your Submissions as submitted or posted, including the ability to use your Submissions and distribute, sell, modify, adapt, translate, incorporate into other works (and otherwise create derivative works from), transmit, broadcast and otherwise exploit your Submissions in any manner and for any purpose whatsoever without any notice or compensation to you.  Additionally, you waive any so called moral rights in such Submissions (if any), even if such material is altered or changed in a manner not agreeable to you.

TERMINATION

Insight reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice.  You agree that Insight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.  This agreement between you and Insight will terminate immediately, at Insight’s sole discretion, without prior notice from Insight, if in Insight’s sole discretion you fail to comply with any term or provision of these Terms of Use, if you are an infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of the Site. Upon termination, you must destroy all materials obtained from this Site and all copies of materials and you are no longer authorized to access this Site or that part of this Site affected by such termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. Insight shall not be liable, obligated or otherwise responsible to any party for damages arising from such termination.  Insight reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.

LINKS / THIRD PARTY POSTINGS

The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Insight.  Insight is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites.  A link to any other website does not imply that Insight endorses or accepts responsibility for the content or use of such other website.  If you decide to access linked third party sites, you do so at your own risk.  In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

The Site may provide material, advertisements, links  (including links to blogs or other public forums for posting comments or communicating with others) and other promotional materials of third parties on the Site (“Third Party Material”). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by Insight, and Insight is not responsible for any Third Party Material.  Your correspondence or dealings with these third parties found on the Site are solely between you and such third party and is at your own risk. You agree that Insight shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Insight shall not be responsible or liable for the statements or conduct of any third party on the Site. With regard to services or products purchased or obtained by a user from someone other than Insight, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we disclaim any and all express and implied representations and warranties of any nature as to such services and products. Should you access any third party site, you do so at your own risk and these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy policies, of any third party site to which you navigate from the Site. 

DISCLAIMER

To the fullest extent permissible under applicable law, Insight makes no representations or warranties with respect to this Site or its Content, which are provided for use on an “as is, where is” basis and “as available.”  Insight disclaims all representations, warranties, and conditions express or implied, or arising by statute, usage, custom or otherwise, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to this Site and any website with which it is linked.

Insight does not warrant the functions, information or links contained on this Site or that its Content will meet your requirements, that this Site, or its Content, are fit for any particular purpose or that the operation of this Site or its Content, will be uninterrupted or error-free or that defects will be corrected.  As with any other website or app you use, when you access our Site, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Site in respect of any such potential risks.  Insight does not warrant or make any representations regarding the use or the results of the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Insight) assume the entire cost of all necessary servicing, repair or correction.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Insight be liable for any special, incidental, consequential, compensatory, direct or indirect damages, loss of data, income or profit or damage to property that result from the use of, or the inability to use, the materials on this Site, even if Insight or an Insight authorized representative has been advised of the possibility of such damages.  In no event shall Insight’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for incidental, consequential or similar damages. Accordingly, some of the above limitations may not apply to you.

INDEMNITY OF USER

You agree to defend, indemnify, and hold harmless Insight and each of Insight’s affiliates, licensees, subsidiaries and  related entities and each of their respective offices, director, employees or agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Site or your breach of these Terms of Use.  Insight shall provide notice to you of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

MINORS

In cases where you have authorized a minor to use the Site, you acknowledge and agree that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor.  You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

GENERAL PROVISIONS

Jurisdiction:  By accessing the Site, you agree that the laws of the Province of Ontario and the applicable laws of Canada will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws.  Insight makes no claims that the materials may be lawfully viewed or downloaded outside of Canada. Access to materials may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.

Relationship:  The relationship between Insight and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Site.

Notices:  All notices and other communications to Insight under these Terms of Use must be in writing and must be delivered either by email or by internationally recognized courier service to the contact information set out below under “Contact Us”.

Waiver:  If you do not comply with these Terms of Use, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future).

Severability: If any provision of these Terms of Use shall be 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. These Terms of Use are the entire agreement between you and Insight relating to this subject matter.

Entire Agreement:  These Terms of Use, together with any other agreements incorporated or referred to within these Terms of Use, constitute the entire agreement between us relating to your use of the Site and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Insight as set forth above.

Interpretation:  These Terms of Use shall endure to the benefit of and be binding upon you and us and each of our respective successors and permitted assigns. The division of these Terms of Use into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms of Use.

Contact Us:  If you have any questions or comments about these Terms of Use or the Site, please visit the Contact Us section on the Site or contact us by mail or email:

e-mail:

insight@insighttv.com

mail:   

Insight Productions Ltd.
135 Liberty Street, Suite 401
Toronto, ON M6K 1A7

These Terms of Use were updated on August 23, 2019.