Terms of Use

Thank you for visiting JumpTV Inc.'s World Wide Web site (the "Site"). These Terms and Conditions of Use ("Terms of Use") and Privacy Policy, below, govern your use of the Site. You may wish to print this page for reference. Limited use of the Site is offered to you by JumpTV subject to, and conditioned upon your acceptance of, the Terms of Use and Privacy Policy. By using this Site, or subscribing to any channel or channel bundle offered through this Site, you are accepting the Terms of Use and Privacy Policy as may be modified from time to time by posting at this Site. Your continued use of the service now, or following the posting of notice of any changes to the Terms of Use, will constitute a binding acceptance by you of this agreement, or any subsequent modifications of this agreement. Throughout the Terms of Use and Privacy Policy, references to "we," "us" and "our" as well as "JumpTV" refers to JumpTV Inc.

1. LICENSES

1.1 License to Use the Site. JumpTV grants you a non-exclusive, non-sublicensable, non-transferable, limited right to access and use this Site, and view the channel(s) subscribed to by you by way of one (1) computer (or other applicable device) owned or controlled by you, connected to the Site over the Internet at any given time and in strict conformity with these Terms of Use. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site. Any other use or exploitation of this Site, including the content on the Site (the "Site Content") and the software used by JumpTV to provide the Site (the "Site Code"), is strictly prohibited.

1.2 License for Channel(s) to which You Subscribe. Subject to you making timely payments as required hereunder, JumpTV grants you a nonexclusive, nontransferable, limited right to view and use the particular channel(s) to which you have subscribed. Payment for particular channel or channel bundle subscriptions on JumpTV is made on a month-to-month, quarterly or yearly basis, as one or more such payment options are made available by JumpTV and as selected by you. You will automatically be charged the regularly recurring subscriber fee until you cancel your subscription (which you may do at any time) or until your subscription is cancelled by JumpTV. If you purchase a subscription to access a particular channel/channel bundle and cancel at any time during that subscription active period, JumpTV will not refund any of your subscription charges for that particular period. JumpTV has provided free demonstration video streams to test your ability to receive video streams from JumpTV. It is required that you test these free demonstration video streams before subscribing to any JumpTV video channels. While you may cancel your subscription(s) at any time, JumpTV will not provide any refund to users for reasons related in any way to their users' ability to receive a satisfactory video stream from JumpTV. JumpTV may also provide users with non-recurring content which will be paid for on a one-time basis and no recurring monthly charges will apply.

1.3 Copyright. The Site Content and Site Code are owned by JumpTV and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright 2007 JumpTV Inc. All Rights Reserved. Unless expressly permitted elsewhere in the Site by JumpTV, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

1.4 Trademark. JumpTV, JumpTV.com, JumpTV Sports, JumpSports, JumpMedia, JumpRadio, JumpTVInc.com and Jumper are trademarks and service marks belonging to JumpTV Inc. (the "JumpTV Marks"). Any product, service, or trade name other than those owned by JumpTV that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the JumpTV Marks is strictly prohibited.

1.5 Non-Commercial/Personal Use Limitation. JumpTV grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Site Content, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.

1.6 License Restrictions Notwithstanding anything in this Agreement to the contrary, you agree that you will not:

(a) operate or utilize the Site Content in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;

(b) operate or utilize the Site Content, programming, services and features contained on or through the Site if this license has been terminated by JumpTV;

(c) operate or utilize the Site Content, programming, services and features contained on or through the Site, in a manner that violates the Terms of Use or Privacy Policy;

(d) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site Content or programming transmitted, processed or stored by JumpTV or other users of the Site;

(e) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to monitor, distort, delete, damage or disassemble the Site or its ability to communicate and function with other computers running the Site Content;

(f) attempt to defeat or overcome any encryption and/or other technical protection methods implemented by JumpTV with respect to the Site and/or Site Content or programming transmitted, processed or stored by JumpTV or other users of the Site;

(g) interfere with or in any manner compromise any of JumpTV's security measures; or

(h) alter, modify, delete, or otherwise interfere with or in any manner compromise any Site Content programming, advertising, services and/or features contained on or through the Site, including, without limitation, the advertising and/or content delivery and display functionality.

1.7 Reservation of Rights. Any rights not expressly granted by JumpTV herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, except as expressly permitted in these Terms of Use.

2. USE OF THE SITE, GENERAL TERMS

2.1 Free Content. Certain video channels shall be made available for viewing on the Site from time to time free of charge at the sole discretion of JumpTV. These free Site Content viewing services are sometimes referred to herein as the “Free Services”.

The Free Services are made available free of charge to users (“Free Users”) in return for registering with JumpTV by providing their email address. We reserve the right to send electronic mail to Free Users from time to time to inform them of site updates, product offers and promotions. The email address will never be shared with 3rd parties. If Free Users wish to stop receiving such communications from us they must use the “unsubscribe” link displayed on the emails, but they will no longer be able to access free Site Content once they unsubscribe.

Third party advertising may be displayed within or adjacent to the channels being viewed on the Site. You understand and agree that such advertising displayed may include content-targeted advertisements or other related information.

2.2 Fee-Based Content. Subject to 2.1 certain Video channels on the Site are available for a fee (“Fee-Based Services”) and include Subscription Fee Services and One Time Fee Services.

(a) Fee-Based Content available on a monthly, quarterly or yearly subscriber fee basis (that is, you must pay a monthly, quarterly or yearly fee to access these video channels) are sometimes referred to herein as the "Subscription Fee Services". Payment of a monthly, quarterly or yearly subscription fee entitles you to watch the applicable channel during the applicable period.

(b) Fee-Based Content also includes Pay per View ("PPV") and Video on Demand ("VoD") assets which are provided on a one time payment basis without any recurring fees ("One Time Fee Services").

(c) We reserve the right to send electronic mail to Fee-Based Content users from time to time to inform them of site updates, product offers and promotions. The email address will never be shared with third parties. If users wish to stop receiving such communications from us they can email support@jumptv.com to request that their email address be removed from future communications or may use the “unsubscribe” link displayed on the emails and their address will be removed from future communications.

(d) Third party advertising may be displayed within or adjacent to the channels being viewed on the Site. You understand and agree that such advertising displayed may include content-targeted advertisements or other related information.