Terms and Conditions
MDC Media Group Viewer Terms of Service Agreement
Last updated: May 21, 2024
This MDC Media Group Inc. Viewer Terms of Service Agreement (“Agreement”) is between you and MDC Media Group Inc. (for the purposes hereof, “MDC Media Group Inc.,” “we” or “us”). The Agreement governs your use of the “MDC Media Group Services,” on all the websites that we offer including Milenio Stadium, Revista Amar, Luso Life, Camoes Radio, Camoes TV and Camoes TV plus, online platforms that allow consumers like you to read and watch video programs and audio programs (“Programs”) from content owners and licensors (“Producers”) through Producer-branded websites and applications that we power. These Terms of Use constitute a binding agreement between you and MDC Media Group Inc., and your use of any MDC Media Group Services constitutes your full acceptance of these Terms of Use.
Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using any of the MDC Media Group Services, you agree that any claims you may have against MDC Media Group Inc. relating to the MDC Media Group Services must be ARBITRATED, and you waive the right to (1) assert claims against MDC Media Group Inc. in court; (2) participate in a class action; and (3) have a jury hear your case.
- Acceptance
By creating an account, viewing videos, accessing the sites making a purchase, downloading Producer-branded applications that we power, or otherwise visiting or using any of the MDC Media Group Services, you accept these Terms of Use and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the MDC Media Group Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our websites. By continuing to use any of the MDC Media Group Services, you accept any revised Agreement.
You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If MDC Media Group Inc. deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).
- Accounts
Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from MDC Media Group Inc. and the Producers of the Programs you purchase at this email address.
Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the MDC Media Group Services.
Parents and Guardians: By granting your child permission to use the MDC Media Group Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
- Privacy
Please review our Privacy Policy to learn about the information we collect from you when you use the MDC Media Group Services, how we use it, and with whom we share it. By creating an account, you understand that MDC Media Group Services include the provision of content created by various producers of such content (“Producers”), and you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. MDC Media Group Inc. is not responsible for a Producer’s use or disclosure of your data and you are encouraged to review all third-party privacy policies thoroughly.
- Program Viewing and Purchase Options
Producers may offer the following purchase options through Producer-branded websites and applications:
- Rental:After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.
- Purchase:After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.
- Subscription:For a recurring fee, you may stream the Programs offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.
To make a purchase, you must provide a valid payment method. We may apply taxes, including HST, VAT or your local taxes, to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Free trials and Discounts: Producers may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If a Producer provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel in accordance with all cancellation terms for the applicable subscription. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
In-App Purchase: Producers may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not MDC Media Group Inc.’s). Any billing inquiries should be directed to the app platform.
- Licenses and Intellectual Property
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.
Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.
MDC Media Group Service: Subject to the terms hereof, MDC Media Group Inc. grants you permission to use the MDC Media Group Services for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by MDC Media Group Inc. are reserved.
Producer Apps: If you download a Producer application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between MDC Media Group Inc. and the platform operator (but without creating any obligation by MDC Media Group Inc.), MDC Media Group Inc. shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content; Feedback: To the extent that you submit any content to MDC Media Group Inc. (i.e. in your profile, a comment, or forum), you grant MDC Media Group Inc. an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to MDC Media Group Inc. on improving our products or services, MDC Media Group Inc. shall own all resulting improvements exclusively, and may use your suggestions without any compensation to you.
- Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to “submit“) content such as images and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. MDC Media Group Inc. may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. MDC Media Group Inc. may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
6.1 Copyright Policy
You may upload content only if you have the express right to upload and share it. Copyright owners may send MDC Media Group Inc. a takedown notice if they believe MDC Media Group Inc. is hosting infringing materials, and we reserve the right to use our discretion in applying takedowns and resolving issues. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
6.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices orhomemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
- Violates any applicable law.
6.3 Code of Conduct
In using the MDC Media Group Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Use or export any of our services in violation of any U.S. export control laws;
- Engage in any unlawful activity; or
- Cause or encourage others to do any of the above.
6.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the MDC Media Group Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage the MDC Media Group Service.
6.5 Restricted Users
You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a Canadian Government embargo or has been designated by the Canadian Government as a terrorist-supporting country; or (b) listed on any Canadian Government list of restricted parties.
- Disclaimers
YOUR USE OF THE MDC MEDIA GROUP SERVICES AND ANY PROGRAM IS AT YOUR OWN RISK. MDC MEDIA GROUP INC. PROVIDES SERVICES AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MDC MEDIA GROUP INC. AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, MDC Media Group Inc. makes no representations or warranties concerning:
- The availability of the MDC Media Group Services in a particular jurisdiction.
- The availability of the MDC Media Group Services for any particular device, operating system, or browser.
- The continued support for a particular feature of the MDC Media Group Services.
- The viewing quality of any Program. MDC Media Group Inc. does not guarantee that you will be able to use the MDC Media Group Services at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
- The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not MDC Media Group Inc.
- The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
- Any Producer’s actions or omissions with respect to your personal information.
Producers may provide links to other Producer websites or third-party websites. MDC Media Group Inc. is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDC MEDIA GROUP INC., ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER MDC MEDIA GROUP INC. USER; OR (III) DAMAGES EXCEEDING THE GREATER OF CAD $100 OR THE AMOUNTS PAID BY YOU TO MDC MEDIA GROUP INC. OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not MDC Media Group Inc. (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
- Indemnification
You shall indemnify, defend, and hold harmless MDC Media Group Inc. and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of these Terms of Use or violation of any law or third-party right; or (iii) any content that you upload or submit to us.
- Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 10 sets forth a binding arbitration agreement between you and MDC Media Group Inc. (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:
- To arbitrate all claims relating to the MDC Media Group Services;
- To waive your right to a trial by jury; and
- To waive any right to proceed on a class basis in arbitration or otherwise.
10.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the MDC Media Group Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures.
10.2 Overview
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and MDC Media Group Inc. are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
10.3 Location of Hearing
If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Toronto, Ontario, Canada.
10.4 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
10.5 Exception for Small Claims Court Matters
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
10.6 Binding Arbitration with Producers
To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with MDC Media Group Inc., you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.
- General Provisions
Choice of Law: Any disputes relating to these Terms of Use or your use of the MDC Media Group Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the arbitration clauses herein, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the arbitration terms herein are for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the provincial or federal (as applicable) courts located in Toronto, Ontario. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both MDC Media Group Inc. and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
No Waiver: The failure of MDC Media Group Inc. (or any Producer) to exercise or enforce any term of these Terms of Use will not constitute a waiver of such term.
Provisions Severable: If any term of these Terms of Use is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under these Terms of Use, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.
Force Majeure: Neither MDC Media Group Inc. nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
Entire Agreement: This Agreement incorporates by reference the MDC Media Group Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the MDC Media Group Inc. website or any third-party materials are for convenience only and do not form part of these Terms of Use.
These Terms of Use set forth the entire understanding between you and MDC Media Group Inc. concerning your use of the MDC Media Group Services and supersede all prior agreements regarding the same. These Terms of Use may be modified only by us. Any changes will be posted to the MDC Media Group Inc. website and will apply prospectively, and your continued use of the MDC Media Group Services constitutes your acceptance of such changes.
Contact Us: If you have any support questions, please contact us at [email protected]. You must send any notices of a legal nature to us at:
MDC Media Group Inc.
309 Horner Ave, Etobicoke, ON M8W 1Z5
