goTOsee

info@gotosee.ca

18009214686



Welcome to ("goTOsee"). Thanks for visiting. By accessing goTOsee (goTObe.tv, goTOshop.tv) you are agreeing to the following terms, which are put in place to make sure that goTOsee works and is enjoyed by everyone. These Terms of Service ("Terms") govern your access, exploring, posting and use of the services, including our various websites, VIRTUAL REPRODUCTIONS, SOCIAL APPLICATIONS, CLASSIFIED SERVICES, BROADCASTING SERVICES, AND E-COMMERCE SUITE, email notifications, applications, buttons, and widgets, (the "Services" or "goTOsee" also referred to as "goTObe.tv and goTOshop.tv") and any information, text, graphics, locations, activity, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are based on your consent of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Primary Terms

You are subject for your use of the Services, for any Content you post to the Services, any activity you partake in through the services and for any consequences thereof. The Content you surrender, post, or display will be able to be viewed by other users of the Services, the goTOsee network and through third party services and websites . You should only provide Content that you are satisfied with posting and sharing with others under these Terms.

The Services that goTOsee provides are always changing and expanding and the construct and nature of the Services that goTOsee provides may change from time to time without prior notice to you. Supplementary, goTOsee may cease (permanently or temporarily) providing the Services (or any highlights within the Services) to you or to users ordinarily and may not be able to provide you with prior consideration nor notice. We also retain the right to create limits on usage and storage at our sole discretion at any time without prior warning to you. You may use the Services only if you can form a binding contract with goTOsee(goTObe.tv, goTOshop.tv) and are not a person blocked from receiving services under the laws of Canada or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of an organization, company, government, or other legal entity, you act in place of and accept that you are authorized and responsible to do so. You may use the Services only in compliance with these Terms and all applicable municipal, provincial, federal, and international laws, rules and regulations.

The Services may encompass advertisements, which may be targeted to the Content or information on the Services, activity or searches or behavior made through the Services, or other information. The types and extent of advertising by goTOsee on the Services are subject to adjustment. In consideration for goTOsee allowing you access to and use of the Services, you acknowledge and agree that goTOsee, all supporting websites, applications and widgets and its third party providers and partners may place such ads on the Services or in relation with the display of Content or informative material from the Services whether surrendered by you or others.

2. User Passwords

You are expected to keep your password safe which you use to use our Services and for any posting or activity under your password. We highly suggest you use vigorous passwords with combinations of letters and numbers with your account. goTOsee (goTObe.tv, goTOshop.tv) will assume no liability for any loss or damage due to breach of passwords.

3. Privacy

All information that you surrender to goTOsee is subject to our Privacy Policy, which administers our assemblage, organization and use of your information. You comprehend that through your usage of the Services you agree to the assemblage and usage as in the Privacy Policy of this information, including the relocation of this information to Canada and/or other countries for storage, treating and use by goTOsee. As part of making available to you the Services, we may require to provide you with certain announcements and administrative information. These announcements are referred to as part of the Services and your goTOsee (goTObe.tv, goTOshop.tv) account, which you may not be able to deny nor refuse from receiving.

4. Content

The entire Content, whether publicly surrendered or privately communicated, is the responsibility of the person who commenced such Content. We may not oversee or manage the Content posted via the Services and, we cannot assume responsibility for such Content. Any usage or dependence on any Content or information surrendered via the Services or gathered by you through the Services is at your own risk.

We do not support or guarantee the accuracy or authenticity of any Content or information posted through the Services or approve of any ideas expressed via the Services. You comprehend that by using the Services, you may view or hear Content that might be inappropriate, harmful, untruthful, or sometimes, information surrendered that has been mislabeled or may be misleading or found offensive or false. Under no circumstances will goTOsee (goTObe.tv, goTOshop.tv) be liable in any fashion for any Content, including, but not limited to, any mistakes or any information that has been left out in any Content, or any loss or damage of any kind that has aroused as a result of the use of any Content submitted, emailed, transmitted or otherwise displayed via the Services or broadcast elsewhere.

5. Your Rights

You continue to have your rights to all Content you surrender, post or present on or through the Services. By surrendering information, posting or displaying Content on or through the Services, you grant us with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, to data store in a database, to copy, reproduce, process, adapt, transmit, publish, modify, display and distribute such Content in any and all media or distribution methods that are presently known or that will be later developed.

By using goTOsee (goTObe.tv, goTOshop.tv), you are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcasted, distributed, or published by our partners and if you do not have the authority to submit Content for such use, it may subject you to liability. goTOsee (goTObe.tv, goTOshop.tv) will not be held accountable or liable for any use of your Content by goTOsee (goTObe.tv, goTOshop.tv) in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, surrender, list or broadcast. You acknowledge and agree that this license includes the right for goTOsee (goTObe.tv, goTOshop.tv) to provide, promote, share, and improve the Services and to make Content surrendered to or through the Services available to other companies, organizations, governments or individuals who partner with goTOsee (goTObe.tv, goTOshop.tv) for the syndication, broadcast, distribution or publication of such Content on other media outlets and services, subject to our terms and conditions for such Content use.

We may modify, change or adapt your Content in order to share, transmit, display or distribute it over cyber networks and in various media and/or make changes to your Content as are needed to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Such added uses by goTOsee, or other companies, organizations or individuals who partner with goTOsee may be made with no compensation paid to you with respect to the Content that you surrender, post, transmit, broadcast or otherwise supplied through the Services.

6. goTOsee Rights

All right, interest, and title in and to the Services (not including Content provided by users) are and will remain the sole property of goTOsee (goTObe.tv, goTOshop.tv) as well as its licensors. Nothing in the Terms gives you a right to use the goTOsee (goTObe.tv, goTOshop.tv) name or any of the goTOsee logos, trademarks, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding goTOsee or the Services is entirely voluntary and we will be free to use such feedback, suggestions or comments as we determine and without any obligation to you. The Services are secured by copyright, trademark, and other laws of both Canada and foreign countries.

7. Restrictions Use of the Services

You are forbidden to do any of the following while accessing or using the Services: (a) hamper with, or disturb, (or try to do so), the access of any user, host, local storage or network, including, without limitation, sending a virus or viruses, spamming, flooding, overloading, mail-bombing the Services, or by coding the creation of Content in such a way as to interfere with or create an undue strain on the Services. (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication means; (c) access or search or attempt to access or search the Services by any means whether automated or otherwise other than through our currently available, published interfaces that are provided by goTOsee (goTObe.tv, goTOshop.tv) (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with goTOsee (goTObe.tv, goTOshop.tv) (ACKNOWLEDGMENT: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of goTOsee (goTObe.tv, goTOshop.tv) is expressly prohibited; (d) forge any TCP/IP packet header or any part of the header information in any email, transmission or posting, or in any way use the Services to send altered, deceptive or false source-classifying information; or (e) access, tamper with, or use non-public areas of the Services, goTOsee's (goTObe.tv, goTOshop.tv)'s computer systems, or the technical delivery systems of goTOsee’s (goTObe.tv, goTOshop.tv)'s providers. We reserve the right at all times without any obligation to remove or cease to distribute any Content on the Services, to terminate or discontinue users, and to reclaim usernames without liability to you. We also reserve the right to preserve, read, access, and disclose any information as we reasonably conclude is needed to appease any applicable law, legal requirement, regulation or governmental request, enforce the Terms, including investigation of possible violations hereof, to identify, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of goTOsee (goTObe.tv, goTOshop.tv), the public and its users.

8. Your Usage License

goTOsee (goTObe.tv, goTOshop.tv) gives you a non-exclusive, personal, royalty-free, non-assignable and worldwide license to use the software that is afforded to you by goTOsee as part of the Services. This license is for the lone purpose of enabling you to use the benefit of the Services as granted by goTOsee, in the way permitted by these Terms.

9. Copyright Policy

goTOsee (goTObe.tv, goTOshop.tv) acknowledges and aims to protect the intellectual property rights of others and assumes users of the Services to do the same. We will react to notices of purported copyright infringement that comply with applicable law and are accurately provided to us. We maintain the right to remove Content alleged to be breaching without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, goTOsee (goTObe.tv, goTOshop.tv) will also terminate a user’s account if the user is determined to be a repeat violator.

10. Termination of Terms

The Terms will continue to apply until terminated by either you or goTOsee (goTObe.tv, goTOshop.tv) as follows.

We may deactivate, suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms or the goTOsee (goTObe.tv, goTOshop.tv) Rules, (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or your attempts to access your account.

You may end your legally binding agreement with goTOsee (goTObe.tv, goTOshop.tv) at any moment for any reason by deactivating your profiles or accounts and ceasing your use of the Services. You do not need to inform goTOsee (goTObe.tv, goTOshop.tv) when you cease to use the Services. If you stop using the Services without deactivating your profiles and accounts, your profiles and accounts may be deactivated due to prolonged inactivity.

In all such events, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect goTOsee’s (goTObe.tv, goTOshop.tv)'s rights to amend, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of goTOsee (goTObe.tv, goTOshop.tv) and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “goTOsee Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE goTOsee ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The goTOsee Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the goTOsee Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the goTOsee Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the goTOsee Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE goTOsee ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE goTOsee (goTObe.tv, goTOshop.tv) ENTITIES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF goTOsee (goTObe.tv, goTOshop.tv) HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GOTOSEE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D.Indemnification You agree to indemnify, defend and hold harmless *goTOsee (goTObe.tv, goTOshop.tv), its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' fees) related to (i) your violation of this agreement, and (ii) your submission of material to this site.

E.Online Commerce The Web site may allow you to purchase many different types of products and services online that are provided by *goTOsee (goTObe.tv, goTOshop.tv)(the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.

Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. *goTOsee (goTObe.tv, goTOshop.tv), in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. *goTOsee (goTObe.tv, goTOshop.tv) in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.

You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. *goTOsee (goTObe.tv, goTOshop.tv), in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, *goTOsee (goTObe.tv, goTOshop.tv), in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.

The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). *goTOsee (goTObe.tv, goTOshop.tv) is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by *goTOsee (goTObe.tv, goTOshop.tv).

You release *goTOsee (goTObe.tv, goTOshop.tv) and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.

12. General Terms

A. Waiver and Severability

The failure of goTOsee (goTObe.tv, goTOshop.tv) to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of Ontario without regard to or application of its conflict of law provisions or your province, state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or provincial courts located in Toronto, Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, provincial, or municipal government entity in Canada using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such Canadian federal government entities, these Terms and any action related thereto will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Province of Ontario(excluding choice of law).

C. Entire Agreement

These Terms, the goTOsee (goTObe.tv, goTOshop.tv) Rules and our Privacy Policy are the entire and exclusive agreement between goTOsee (goTObe.tv, goTOshop.tv) and you regarding the Services (excluding any services for which you have a separate agreement with goTOsee (goTObe.tv, goTOshop.tv) that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between goTOsee (goTObe.tv, goTOshop.tv) and you regarding the Services. Other than members of the group of companies of which goTOsee is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at http://gotobe.tv/index.php?a=page&b=tos. If the revision, in our sole discretion, is material we will notify you via an @goTOsee.ca, @goTOsee.tv or @goTObe.tv update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by goTOsee (goTObe.tv, goTOshop.tv). If you have any questions about these Terms, please contact us.

Effective: September 21, 2013