Terms of Use

Please read through these Terms carefully. By accessing the Planetvu.com web site at www.planetvu.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Planetvu Corporation ("Planetvu") and to have agreed to be bound by the terms set out below. The Site is owned and operated by Planetvu Corporation.

 1. Intellectual Property Protection
2. Use of Planetvu Content
3. Licence Fee Payment and Transactions
4. Term and Termination
5. Changes to the Site
6. Registration, Passwords and Responsibilities
7. Privacy Policy
8. Community Forums
9. No Warranty, Disclaimer of Liability and Indemnity
10. Force Majeure
11. Miscellaneous
12. Governing Law and Jurisdiction

These terms were last updated on 01 September 2005.

 1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Planetvu Content"), are copyright of Planetvu and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as "Planetvu" name and logo or other trade names appearing on the Site) for any reason without written permission from Planetvu. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.


2. Use of Planetvu Content
You may retrieve and display the Planetvu Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Planetvu:

  1. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Planetvu Content, or
  2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Planetvu Content (including use as part of any library, archive or similar service) without the prior written consent of Planetvu,
  3. remove the copyright or trademark notice from any copies of the Planetvu made under these Terms.

Any use of the Planetvu Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Planetvu Corporation, P.O Box 5052 , Station A, Toronto , Ontario , M5W 1N4 CANADA , or submitted by form on the Contact page of www.planetvu.com, and may be subject to a fee.


3. Licence Fee, Payment, and Transactions
Access to Planetvu Content, such as live and on-demand video programming, programming information and other related information, is subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars or other currency specified by Planetvu. You are responsible for the payment of all charges associated with the use of the Site using your ID.

If your use of the Site is terminated by Planetvu, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms.

You will continue to be responsible for any fees or other charges incurred by you prior to such termination.

You may use the Site to purchase products or services from Planetvu's third party partners. In that event, your
contract for such products will be with the third party partner and not with Planetvu.

All fees are non-refundable. Your subscription to Planetvu Content will automatically terminate, and your access to password protected areas of the Planetvu.com Site shall cease, immediately upon receipt of your request for refund or the end of the free service month, as applicable. Refunds for Annual Subscriptions are given on a pro-rata basis. All determinations made by Planetvu concerning the satisfaction of the guarantee are final and not subject to dispute or negotiation.

Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of Planetvu.


 4. Term and Termination
Planetvu may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Planetvu Content) with or without cause by delivering notice to you.

The rights of termination are in addition to all other rights or remedies of Planetvu provided in these Terms or by law.



5. Changes to the Site
Planetvu reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Planetvu Content available on the Site at any time and to restrict the use and accessibility of the Site.


6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you subscribe. You are solely responsible for the confidentiality and use of and access to the Planetvu Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Planetvu if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of the Planetvu Content or the Site. You will provide Planetvu with accurate, complete registration information (including in particular your e-mail address) and inform Planetvu of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Planetvu reserves the right to monitor and record activity on the Site, including access to the Planetvu Content.
Each subscription is for a single user only. You may not share your user name and password with any other person. Planetvu does not permit access through a single name and password being made available to multiple users on a network. Planetvu may cancel or suspend your access to the Site if you do this without further obligation to you and without refund of any fee paid by you.


7. Privacy Policy
The information that you provide about yourself to Planetvu will only be used in accordance with Planetvu's Privacy Policy Statement.


8. Community Forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Planetvu and interaction between users and Planetvu representatives ("Forums"). While Planetvu does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with any rules posted by Planetvu on a Forum. You may not:

  • post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
  • post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
  • post or otherwise publish any Messages that contain a virus or other harmful component;
  • disguise the origin of any Messages;
  • impersonate any person or entity (including Planetvu employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
  • post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
  • post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
  • collect or store other users' personal data;
  • restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless Planetvu from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.

The Forums contain Messages submitted by users over whom Planetvu has no control. Planetvu cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

By submitting Message to a Forum you are granting Planetvu perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion.
Planetvu reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for Planetvu to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Planetvu immediately by means of an email to our Customer Service.


9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Planetvu makes no warranty, express or implied concerning the Planetvu Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Planetvu expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Planetvu, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Planetvu has been advised of the possibility that such damages may arise. Planetvu does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems free from viruses or other contaminating or destructive properties.

In no event will any liability of Planetvu, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Planetvu exceed the amount, if any, paid by you to Planetvu in respect of the particular Site Service to which the claim relates.

Upon Planetvu request, you agree to defend, indemnify and hold harmless Planetvu from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.



10. Force Majeure
Planetvu, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Planetvu Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.


11. Miscellaneous
Changes to these Terms. Planetvu may, in its discretion, change these Terms (including those relating to your use of Site and/or the Planetvu Content). When Terms are changed, Planetvu will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Planetvu has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Planetvu Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Planetvu is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Planetvu is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Planetvu.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices. Notices to Planetvu must be given in writing by letter and sent to Planetvu's last known place of business in Toronto (for the attention of the President).

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in the State of Delaware, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.



12. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware , without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Delaware , and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Planetvu Corporation from its offices within Canada and the United States . Planetvu Corporation makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.