Motime - Terms of Use

THESE TERMS OF USE CONTAIN TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES. IF YOU USE OR ATTEMPT TO USE OUR SERVICES, IT MEANS YOU AGREE TO BE BOUND BY AND COMPLY WITH EVERYTHING WRITTEN HERE AND, TOGETHER WITH OUR PRIVACY POLICY, SUBSCRIPTION AGREEMENT AND ANY OTHER TERMS AND CONDITIONS THAT ARE REFERRED TO BELOW, REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. 

WHEN YOU USE OUR WIRELESS SERVICES YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER AND YOUR AGREEMENT WITH THEM DETAILS THE CHARGES THAT APPLY. WE ARE NEVER RESPONSIBLE FOR YOUR WIRELESS CARRIER CHARGES, EVEN IF THEY ARISE BECAUSE YOU USE OUR SERVICE.

THE BILL FROM YOUR WIRELESS CARRIER WILL IDENTIFY OUR CHARGES SEPARATELY. IF YOU HAVE QUESTIONS ABOUT CHARGES ON THE BILL, OTHER THAN QUESTIONS RELATING TO OUR SERVICE, YOU SHOULD CONTACT YOUR WIRELESS CARRIER DIRECTLY.

Our service (motime.ca) is certified to work with the following carriers: Rogers Wireless, Fido, Bell Mobility, Telus Mobility. (Motime.ca will no longer be available to TELUS customers after November 30.)

You may only use our Service for non-commercial personal use and your rights are not assignable or transferable. We collect information about users of our Service so please refer to our Privacy Policy for information and disclosures about our collection, maintenance and use of information we collect.

DEFINITIONS. As you read these Terms of Use, keep these definitions in mind:

“Content” refers to all content, ring tones, wallpaper, applications, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, service marks, logos, brands and brand names, trade dress and trade names and other distinctive identification and all other proprietary information, materials and elements of our Service, whether or not copyrightable or legally protectable, tangible and intangible, including the selection, sequence, look and feel and arrangement of any components or aspects of our Service.

“Motime”, “we”, “our” or “us” means and refers to Motime.

“Service” means and refers to any and all services, goods, materials, features and functions of our Website, Content we make available to you, wired and wireless, whether on a subscription or non-subscription basis.

 “Subscriber” means and refers to any individual that enrolls in our subscription Services, covered under the terms and conditions of our Subscription Agreement.

 “user” means anyone who uses or attempts to use any part of our Service.

“Website” means and refers to http://motime.ca , as well as all web locations and Internet addresses (e.g., URLs, domain names, pages) we own, control or use to provide the Service.

“wireless device” means and refers to mobile or cell phones, wireless or other devices, even if they do other things besides send and receive voice, text, data, content or other types of communication and “wireless carrier” refers to the service provider with whom you or your parent or other adult have an agreement to provide you with wireless services.

CHANGES TO OUR SERVICE AND THESE TERMS OF USE. We reserve the right to change our Service and these Terms of Use any time and we will notify you of any material changes, posting them on our Website. Once posted, these changes become effective immediately unless we tell you otherwise. You should check here often so you remain aware of the terms and conditions of your agreement with us. If you use our Service after we post notice of a change, that will indicate that you are agreeing to be bound by the changes.

AGE & RESIDENCY. You must live in Canada and be at least 13 years old to use our Service and you must be an adult where you live to become a Subscriber. If you are a minor in the province or territory in which you reside (generally under age 18 or 19) you can only register for our Service, use our Non-Subscription Services or become a Subscriber if you get consent from your parent or legal guardian (“parent”). If you are under 13 you may not use our Service at all.

USING AND SUBSCRIBING TO OUR SERVICE. If you enter your wireless device number on our Service, even if you decide not to continue the subscription process, unless you opt out, you still may receive a limited number of messages from us. If you want to become a Subscriber you will be asked to enter certain Personal Information and while you always have the right to opt out later, you will be agreeing to allow us to send you newsletters and other information we believe may be of interest to you.

To participate in our mobi and love Services you must become a Subscriber. Subscribers must pay a regular fee and are also subject to the terms and conditions of our Subscription Agreement.

[Our registration and subscription process complies with the Mobile Marketing Association’s best practices (http://www.mmaglobal.com/bestpractices.pdf) and the messaging requirements of your wireless carrier.] To become a Registered User or Subscriber you must give us a verifiable wireless device number. In some cases, we send a personal identification number (“PIN”) back to that device and you must either use the PIN with that device to respond, enter the PIN on our Website or follow our instructions for authentication. In other cases, you can create an account and become a Registered User through your wireless device by sending an SMS or MMS message. Initially and at times later on, we will require you to authenticate your registration or subscription as part of our normal security and verification procedures. We refer to this as the “Authentication Process.”

All Users must have a user name and password. If you use your wireless device to register, we will give you with an initial log-in password. If you register on our Website, you can usually select your own password. The combination of your password together with either your wireless device number or your user name is your “User ID.” Your User ID is personal and should be kept confidential. Don’t give it to anyone or allow others to use it because you are solely responsible for all fees, costs and charges, liability and damage connected with your User ID. You agree to immediately notify us if you know or suspect unauthorized use or if you have any security concerns.

All Users agree upon subscription to allow Motime to send you weekly messages via SMS text or browser message.

Please note if you change your wireless carrier, your wireless service plan, wireless device or transfer your wireless number to another carrier, it may affect your ability to use some or all of our Services, even if you keep your wireless number and even if the plans, features and wireless service seems to be the same or similar to what you had.

Tell us right away if there is an error on your bill, because if you don’t tell us within 30 days from the date an error appears on your bill, you agree we are no longer responsible or liable for investigating or correcting it. If we incur attorneys’ fees and costs to collect past due amounts from you, you will be responsible for paying these. We can cancel, suspend or deactivate your registration and use of our Service, without notice and without waiving or prejudicing any of our other rights, if you don’t make payment when it becomes due.

CONTENT; USER Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under Canadian  and other national laws, regulations and treaties. All rights not specifically granted to you are expressly reserved and unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both. We make no representations about the accuracy, reliability, usefulness or completeness of Content and your use of our Service is solely at your own risk.

You may not alter, delete or obscure any notices applicable to Content, impair or attempt to circumvent any digital rights management or other technology, nor use our Service in violation of these Terms of Use or any laws or regulations. You may not use any computerized or automatic mechanism, to access, extract or download any Content or use our Service. If you violate these Terms of Use, your permission to use Content will automatically terminate and you must immediately destroy all Content in your possession or under your control.

We may enforce rights that apply to Content and we can use any lawful means to do so. We can also install (or arrange installation) rights management means directly on your computers and wireless devices which, among other things, may track the number of times you play or transfer Content. We can enable technology or other means to report rights-related information to us and tampering with or disabling these is a violation of these Terms of Use and is not allowed.

We have no obligation to restore Content you may have obtained through our Service if it is damaged or lost. If we ever do offer a feature that does allow you to re-download certain Content, we reserve the right to discontinue it at any time and it’s performance and availability is on an “as is” and “as available” basis. If we permit you to transfer Content to a portable device, you may not copy, distribute, transmit or transfer it from that device to any other device or media without our permission. You are also not allowed to share downloads of Content, enable or allow sharing of such downloads, with anyone else.

RESPECTING THE RIGHTS OF OTHERS. Users must respect our rights and the rights of others. If you believe your or anyone’s rights are being violated or infringed upon or someone is not complying with our Terms of Use or is violating the law, notify us. We reserve the right to terminate, deactivate and disable anyone’s access to our Service at any time, including anyone found infringing the rights of others. It is our policy to remove Content that violates anyone’s rights once we know about it and you can let us know by sending a message to copyright.usca@buongiorno.com. For notices reporting alleged copyright infringement in Canada only, please go to the section "Notice and Procedure for Making Claims of Copyright Infringement" below and follow the instructions. Subject to legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.

WIRELESS SERVICES, MESSAGES AND PROMOTIONS. To use any of our wireless Services, you must have an active contract with a licensed wireless carrier or access to a wireless network through which we make our Service available. You are responsible for making sure your wireless service and wireless device are capable and correctly configured for our Service. We may deliver some promotions, alerts and messages to your wireless device via SMS text messaging, email and in some cases when you enter information into our Service you will be signing up and consenting to receive messages. We will let you know when this is the case and we will always give you the right to opt out, then and in the future.

ADVERTISERS; LINKS TO OTHER SITES. When we display advertisements, marketing and promotional materials, URLs, hypertext links on our Service we aren’t endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. OUR SERVICE IS AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS (“MOTIME ENTITIES”), SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICE OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, TERMINATION OF YOUR SUBSCRIPTION, REGISTRATION AND/OR USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

INDEMNIFICATION. You agree to defend us and the Motime Entities against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party (“Claims”). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys' fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.

LAW THAT APPLIES. Your use of our Service and these Terms of Use, shall be governed, construed and enforced under the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, as applicable to contracts made, executed and wholly performed in Ontario, Canada. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the Provincial and Federal Courts situated in the City of Toronto in the Province of Ontario, and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.   

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE YOUR AGREEMENT WITH US, YOU WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.

MISCELLANEOUS. Your agreement with us does not apply to services, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party content or links that direct your browser to third parties, even if they appear on or are linked with our Website. We simply aren’t responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn’t mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 year after the date it first arose.

For reference our:

Privacy Policy
may be reviewed at any time at: http://www.motime.ca/help/privacy/

Subscription Agreement may be reviewed at any time at http://www.motime.ca/help/subagreement/

© Copyright 2006 - 2013 Dada Entertainment Canada Inc. All Rights Reserved

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT

Written notification of copyright infringement must be submitted to our Designated

Agent:

Service Provider(s): Dada Entertainment Canada Inc.

Full Address of Designated Agent to Which Notification Should be Sent:

PO Box 436

New York, NY

10156

Telephone Number of Designated Agent: 1-646-502-8004

Facsimile Number of Designated Agent:  1-646-291-6286

E-mail Address of Designated Agent:copyright.usca@buongiorno.com

Your notification must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.