END USER TERMS AND CONDITIONS
(Effective Date: April 1, 2018)
Welcome to the Hisense Smart TV (referred to in this policy as the “Device”).
These End User Terms and Conditions ("Terms and Conditions") govern and regulate the use of the Device and the Smart Services, and are a legal agreement between the end user (referred to as “you” or “your”) and Hisense Electric Co., Ltd., its affiliates, subsidiaries and/or parents (referred to as "Hisense" or "we" or "us" or “our” or “ours”).
IF YOU WANT TO USE THIS DEVICE
1. IMPORTANT DEFINITIONS
“Application(s)” means an embedded, downloadable and/or executable software application owned by us or a third party, and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.
“Device” means this Hisense Smart TV.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.
“Operating System” means Android™ operating system platform for this Device. Android is a trademark of Google LLC.
“Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.
“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.
2. USE OF DEVICES AND SERVICES
All Applications and Materials are owned and/or licensed by and from Hisense or by and from third parties, as applicable, and are protected by copyright, patent, trademark and/or other intellectual property laws. From time to time, we may directly offer and make available to you certain Smart Services, and in such events, your use of such Smart Services shall be subject to these Terms and Conditions. Smart Services may be provided locally subject to local laws and regulations, and depending on your residence, location and network availability, you may be limited to types and levels of the Smart Services. The Terms and Conditions for the use of such Smart Services may differ for each different country, region or market, and are subject to relevant local, country and regional laws and regulations. All Smart Services are provided solely for your personal use in connection with your use of the Device. You may not use any Smart Services in a manner that has not been expressly authorized herein. Without limiting the foregoing, except as expressly permitted by these Terms and Conditions and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Smart Services accessed through this Device.
a. USE OF THE SMART SERVICES
Smart Services are intended for use by persons eighteen (18) years of age or older. If you are not at least eighteen (18) years of age or older or are legally, or otherwise, restricted from using the Smart Services, please discontinue using the Smart Services immediately. If you are not eighteen (18) years of age or older, you must have a parent or guardian's approval prior to using the Smart Services. By using any portion of the Smart Services, you accept these Terms and Conditions and are certifying that you are at least eighteen (18) years of age, are not under thirteen (13) years of age, or if you are between the ages of thirteen (13) and eighteen (18), have parental or guardian’s consent. Any use by individuals not of such age shall be considered a violation of these Terms and Conditions. The use of any portion of the Smart Services (including the Materials) is restricted solely to personal use and no other uses are permitted.
WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT THE USE OF SMART SERVICES IS IN VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.
Smart Services offered through the Device that require a fee may not be accessed by persons who have not paid the appropriate fee. In the event that registration, creation of a user account, and/or a fee is required for the Smart Services offered or provided by the licensor of such Smart Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of the Smart Services licensors.
All third party Smart Services in the Device are managed and controlled by their respective owners. We are not responsible for the included, pre-loaded, user downloaded or other third party Smart Services, which may be modified, removed, deleted or changed, with or without notice by their respective owners. Any questions or requests for service relating to such Smart Services should be made directly to the respective third party Smart Services providers, and not to us.
b. SPECIFIC USE OF SMART SERVICES THROUGH OUR APPLICATIONS
c. GRANT OF LICENSE
As between you and Hisense, Hisense own all right, title, and interest in and to the Hisense owned Application, and each respective third-party Application owner owns all right, title and interest in and to their respective third-party Application, including, without limitation, all applicable intellectual property rights or other proprietary rights in the Application throughout the world, regardless of whether registered or legally secured. Subject to the respective license agreements between us and the respective third-party Application owner, and your full compliance with these Terms and Conditions, we grant to you a non-exclusive, limited, non-transferable and personal license (without the ability to sublicense) to download and/or use the Applications (other than any third-party Application which is governed by its own and separate license terms and conditions) to display, receive or otherwise use (only to the extent permitted in each case) the Smart Services through the Application from your Device only. No other rights to the Application are granted. The scope of rights for Smart Services shall be subject to the terms and conditions of the respective Smart Services and other licensing requirement and restrictions otherwise imposed or required by the relevant Smart Services providers. All rights including intellectual property rights in the Applications and the Smart Services remain our property or that of the relevant licensors or owners of the Application or the Smart Services. Any breach of these Terms and Conditions will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Application and the Smart Services may conduct further legal action if necessary.
3. USE RESTRICTIONS AND PROHIBITIONS
You or any third party (directed by you) may not display, copy, store, modify, sell, trade, resell, reproduce, publish, broadcast, redistribute, or make derivative works of any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from us or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law. Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible.
You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any other unlawful material, or any information that may negatively impact our reputation, goodwill and/or the Smart Services, nor for any commercial purposes. Except as expressly permitted by these Terms and Conditions, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer and/or tamper with the Application(s), or transmit hidden or malicious code or to collect information of other users through the Application(s). You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Smart Services or its servers or to unreasonably affect others' enjoyment of the Smart Services in any way. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any Hisense controlled server; or 4) to any of the Applications, Materials, or other services offered on or through the Smart Services.
WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME AND WITHOUT FURTHER NOTICE TO YOU.
4. CONTENT PROVIDED BY YOU OR OTHER USERS
Any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations. We also reserve the right to disclose your information as necessary to any third party who claims that any Submitted Content constitutes an infringement of third party intellectual property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit or otherwise use such Submitted Content in any manner, create derivative works thereof or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent or objectionable.
We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third party intellectual property rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Smart Services. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on or through your Device or the Smart Services. We reserve the right to remove Submitted Content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Copyright Act, and Copyright Modernization Act.
5. ADVERTISEMENTS AND CUSTOMER SERVICE COMMUNICATIONS
You understand and agree that the Smart Services may include advertisements, certain communications from us or third parties such as update announcements, administrative messages, newsletters and other materials (“Communications”). As those Communications are part of the Smart Services, you may not opt out of receiving them. Certain Materials may not be suitable for minors or other users. Such Materials may not be rated or identified as being unsuitable. Therefore, you understand and agree that you are using the Materials at your own risk and we shall have no liability to you for any unsuitable Materials.
6. THIRD PARTY SERVICES
7. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
8. WARRANTIES AND LIABILITIES
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE, THE QUALITY, PERFORMANCE AND ACCURACY OF SMART SERVICES USED OR ACCESSED ON THE DEVICE IS SOLELY THE RESPONSIBILITY OF YOU. TO THE EXTENT PERMITTED BY LAW, UNLESS OTHERWISE PROVIDED FOR BY US IN THE DEVICE WARRANTY CARD, THE DEVICE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO, BUT NOT LIMITED TO, THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE, OR ACCURACY.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO ANY THIRD PARTY SMART SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY THIRD PARTY SMART SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT OPERATION OF THE DEVICE OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE TO ASSUME ALL RISKS OF USING THE SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY'S FEES ARISING FROM THE USE OF THE SMART SERVICES AND/OR MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY SMART SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH SMART SERVICES. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES ON THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE SMART SERVICES AND/OR MATERIALS.
WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. IF ANY PORTION OF THESE TERMS AND CONDITIONS ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THESE TERMS AND CONDITIONS, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THESE TERMS AND CONDITIONS MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.
9. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DEVICE, APPLICATION, CONTENT, SUBMITTED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR SUBMITTED CONTENT) OR OUR LICENSORS.
You agree to defend, indemnify and hold harmless Hisense, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Device and/or Smart Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained through the Device.
11. GOVERNING LAW AND JURISDICTION
To the extent permitted by law, these Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. By accepting these Terms and Conditions, and by your use of the Smart Services, you are agreeing that such Terms and Conditions and all other aspects of the Smart Services will be construed in all respects in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein, and you agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.
12. ARBITRATION AND CLASS ACTION WAIVER
At our sole discretion, and to the extent permitted by law, we may require you to submit any disputes arising from compliance with these Terms and Conditions or the use of the Smart Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration Act, 1991, SO 1991, c 17, to be decided by a single arbitrator agreed upon between you and us. If after thirty (30) days we are unable to agree upon a single arbitrator, we may each submit to the Superior Court of Justice of Ontario, located in Toronto, one nominee to act as arbitrator. The Court will select one of the nominees to act as the single arbitrator. The fees of the arbitrator will be borne equally between us and you and the determination of the arbitrator will be final and binding.
Where permitted under applicable law, you and Hisense agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we both agree, no judge or arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative of class proceeding.
13. ACTIONS REQUIRED BY LAW
We may need to comply with the lawful interception and/or data retention requirements of local law enforcement agencies from time to time. We may restrict access to any part of the Smart Services and the Device or terminate your access to the Smart Services, at any time in our sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.
14. COPYRIGHT INFRINGEMENT
If you believe that any of the Smart Services or any Materials violate your copyright, please see our Copyright Policy at https://www.hisense-canada.com/copyrights-android-os for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
15. ASSIGNMENT OR TRANSFER
You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to you, or any of your rights or obligations arising under these Terms and Conditions without the prior written consent of Hisense.
16. WAIVER AND SEVERABILITY
No waiver of by Hisense of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hisense to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
17. ENTIRE AGREEMENT
These Terms and Conditions constitute the sole and entire agreement between you and Hisense with respect to your use of the Device and/or the Smart Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Device and/or the Smart Services.
18. CHANGES TO END USER TERMS AND CONDITIONS
We may revise and update these End User Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them at https:// www.hisense-canada.com/terms-of-service-android-os, and apply to all access to and use of the Device and the Smart Services thereafter.
Your continued use of the Device and the Smart Services following the posting of revised End User Terms and Conditions means that you accept and agree to the changes. You are expected to check this page (https://www.hisense-canada.com/terms-of-service-android-os) periodically so you are aware of any changes, as they are binding on you.
19. CONTACTING YOU
We may provide you with notices (including notices relating to changes to these Terms and Conditions or termination of the Smart Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Smart Services.
20. CONTACTING US
Please direct any additional questions you may have regarding these Terms and Conditions to the Customer Service Director at Hisense Canada Co., Ltd. via phone, email or regular mail to:
Hisense Canada Co., Ltd.
Attention: Customer Service
2283 Argentia Rd., Unit 16, Mississauga ON, Canada L5N 5Z2