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Rogers On Demand Online Terms of Service

1. Introduction

Welcome to Rogers On Demand Online™, a video streaming service (the “Service”) provided by Rogers Cable Communications Inc. and its affiliates (collectively, “us”, “we”, “our” or "Rogers"). The Service offers streaming of digitized versions of movies, television shows, music videos, sporting events, news events and other video content (the “Content”) available to you on this website (“Site”) from time to time. “You” and “your” means, as applicable, you and every person who uses the Service through your account. Please read these terms of service (“Terms”) carefully before you use this Site. By using this Site, you agree to abide by these Terms. If you don’t agree to comply with these Terms, then you may not use this Site.

2. Availability

The Service is only available to eligible subscribers of Rogers wireless, internet access, home phone and/or television services while in Canada and who have registered for the Service. Even if you have registered for the Service, you will not be able to access the Service when you are outside of Canada.

3. Registration, Account and Password

To obtain access to the Service, you will be required to register. As part of the registration process, you will select a user name and a password and provide certain information. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use the Service under the name of, another person. You agree to promptly update such information as necessary to ensure that it is kept accurate and complete. We may reject or terminate any user name that we, in our judgment, deem unacceptable. You will be responsible for preserving the confidentiality of your password and will notify us immediately of any known or suspected unauthorized use of your account and agree to take such reasonable steps as are necessary to prevent any reoccurrence of such event. You may be held liable for any loss or damage incurred by Rogers or any other user or visitor to this Site due to another party using your account or password.

4. Modifications

We may modify these Terms at any time at our sole discretion and such modifications will become effective immediately upon posting to this Site. You agree to review these Terms regularly for updates by checking the date below. Your continued use of this Site after any such modifications are posted will constitute acceptance of those modifications.

If you have registered to access the Service on this Site, then we may modify these Terms at any time at our sole discretion, upon notice to you. If you do not accept any modification to these Terms, then your sole remedy is to terminate these Terms by no longer using this Site and the Service.

5. Privacy

Rogers respects the privacy of our visitors to and users of this Site. Our collection, use and disclosure of personal information in connection with this Site is governed by our Privacy Policy located at www.rogersondemand.com/privacy. Personal information collected in connection with this Site may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

6. Ownership and Copyright

Except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to: (i) the Service and this Site and each component thereof; and (ii) any Content available through the Service and this Site, are the property of their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties.

Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing it, nor are you granted any rights for sale, resale, reproduction, licensing, sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use, for commercial or non-commercial purposes with respect to the Content, other than for your own personal use and enjoyment. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any licence or other rights in connection with any trademarks or logos appearing on this Site. You may not use any trademark or service mark appearing on this Site without the prior written consent of the rightful owner. You are hereby advised that Rogers will aggressively enforce our intellectual property rights to the fullest extent permitted by law, and that owners of any other intellectual property rights may also do so against you personally.

7. Other Contents and Links

Rogers is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. Unless otherwise indicated, such sites have been independently developed by third parties. A link to another site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Rogers or its Content providers or licensors. Any dealings you have with advertisers found while using the Service are between you and the advertiser. You acknowledge and agree that Rogers is not responsible or liable to you for any content or other materials hosted and served from any website other than this Site.

8. Content Usage Restrictions

You may display and print for your personal, non-commercial use any information or Content you receive through this Site, but you may not otherwise reproduce, duplicate, copy, translate, broadcast, display, sell, transmit, license, sub-license, publish or modify any of the Content without the prior written consent of the owner. You may not distribute copies of Content or materials found on this Site in any form (including by email or other electronic means), without the prior written consent of the owner. Of course, you may encourage others to access the information themselves on this Site and to tell them how to find it.

We welcome links to the homepage of this Site. You may only establish a hypertext link to the homepage of this Site if: (i) the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Rogers or create the false appearance that an entity is associated with or sponsored by us and, (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with us or our trademarks. We do not permit framing or inline linking to this Site or any portion of it.

9. Submissions and Postings

With respect to any content that you upload, post, transmit, distribute or otherwise make available for inclusion on this Site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of any such content that you post. You acknowledge and agree that any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that: (i) you own such Contributions or otherwise have the right to grant, and do hereby grant, to Rogers the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed; and (ii) all moral rights in such Contributions are waived by you. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to this Site. We may also access or preserve your Contributions to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with these Terms or any policies, or protect ourselves, our customers or the public. We may move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, these Terms or our Acceptable Use Policy. Rogers will not be liable to you with respect to our deletion of any of your Contributions.

10. Prohibited Activities

Your use of this Site, the Service and the Content and any of your Contributions to this Site must comply with these Terms, all applicable laws and our Acceptable Use Policy previously provided to you and located at http://www.rogers.com/terms.

11. Responsibility for Minors

If you have authorized a minor to use this Site or the Service, then you agree to be fully responsible for: (i) controlling the minor’s access to and use of this Site or the Service; and (ii) the consequences of any misuse by the minor. You acknowledge that some of the areas of this Site and some of the Content may include material that is inappropriate for minors.

12. Termination

Rogers may at any time, without notice to you, terminate your use of this Site (or any portion thereof) and the Services if you fail to comply in full with any of these Terms or any other terms, agreements, or policies (including, without limitation, our Acceptable Use Policy) that apply to this Site and the use of it.

13. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Rogers, its licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, the “Rogers Parties”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (i) your breach of any provision of these Terms or our Acceptable Use Policy; or (ii) your use or misuse of this Site or the Content and the placement or transmission of your Contributions on this Site made by you or others using your account. Rogers may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification shall survive any termination of your right to use this Site and the Service.

14. Disclaimer of Warranties and Liability

This Site, the Service and all Content, material, information or postings found on or accessed through this Site, are provided on an "as is" basis. To the maximum extent permitted by applicable law, the Rogers Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this Site, the Service or the Content contained in or accessed through this Site. To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of this Site, the Service or the Content contained in or accessed through this Site, including, without limitation, the contents of any Content, information, material, or posting found on this Site, any services provided through this Site (including the Service), or any links to other sites made available on this Site or the content contained on such site(s). To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties that this Site or access to and use of this Site will be continuous, uninterrupted, error-free, or free from defects, viruses or other harmful components. You expressly agree that use of this Site and the Service are at your sole risk.

Information provided on this Site may contain references or cross-references to Rogers products and services that are not available in your local area and Rogers makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that Rogers intends to provide such products or services in your local area. Rogers recommends that you consult with your nearest Rogers location for information regarding the products and services which may be available to you in your local area.

To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall any of the Rogers Parties be liable for any direct, indirect, incidental, special, consequential, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the use of, or the inability to use, this Site, the Service or any Content, information, material, or postings on this Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that none of the Rogers Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

15. Arbitration

To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:

  • these Terms;
  • the Service or this Site;
  • oral or written statements, advertisements or promotions relating to these Terms, the Service or this Site; or
  • the relationships that result from these Terms.

Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Rogers will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol, which is available at http://www.rogers.com/terms.

16. Feedback

To contact Rogers in connection with this Site, send an email to feedback@rogersondemand.com.

17. Other Important Terms

These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Rogers may determine in any and all actions, disputes, or controversies relating hereto. Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any documents referenced herein and any rules, policies, guidelines or other agreements posted on this Site by Rogers constitute the entire agreement between Rogers and you with respect to your use of this Site and the Service. No waiver by either Rogers or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

If you are dissatisfied with this Site or with these Terms, then your sole remedy is to stop using this Site. In such an event, you agree to destroy all materials obtained by you on this Site and all copies thereof. These Terms shall survive any such termination.

These Terms been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.

Last Updated on November 30, 2009.