Terms of Use

These terms of use (hereinafter referred to as the “Terms of Use”) apply to users (hereinafter referred to as the “Customer”) of the application (hereinafter, the “Application”), including during the Free Period, if any, with the necessary adaptations. By using the Application and the Services (as defined below) in any manner whatsoever, including, without limitation, by accessing or browsing the Application, the Customer agrees to be bound by these Terms of Use.
The Customer acknowledges and agrees that these Terms of Use may be modified from time to time by TVA Publications inc. (hereinafter referred to as “TVA”). An up-to-date version of these Terms of Use is available on TVA’s website at www.molto.ca, on the Application or by sending an email to molto@tva.ca.

1. Definitions

For the purposes of the Terms of Use, the following definitions apply:

Billing Period : the period of one (1) month starting on the expiry date of the Free Period, which will be automatically renewed, unless terminated in accordance with these Terms of Use.

Customer : a natural person aged 18 or older, or aged 14 or older with the authorization of a parent or guardian, who resides in Canada and who obtains a Service for personal use only.

Customer Service: TVA’s customer service, which can be reached at 1-844-985-6042 or molto@tva.ca.

Free Period: subject to any other promotion offered by TVA, the Customer enjoys a thirty (30) day free trial period of subscription Services before any Billing Period.

Package: the package chosen by the Customer, which can be a monthly unlimited reading package or a monthly theme package. TVA reserves the right to modify the Packages (by adding or removing publications, including by adding publications to or removing publications from the Services in their entirety).

Price:the price payable by the Customer in Canadian dollars for the Services provided by TVA based on the type of Package or Single Unit Purchase the Customer has chosen, plus applicable taxes.

Prohibited Content: any content that is fraudulent, inaccurate, unlawful, invasive of the rights of any person or entity, harassing, abusive, defamatory, vulgar, obscene, pornographic, indecent, invasive of the privacy of third parties, racist or otherwise reprehensible. For greater certainty, Prohibited Content also includes any content that contains a virus, Trojan horse or other program or file intended to cause damage to the Services and/or any computer, communication system, computer network, data and confidential information.

Publications: magazines, newspapers, books, bookazines and special issues or any other publications available from time to time at the newsstand.

Service(s): the MOLTO Services are provided to the Customer by TVA, through the Application, in accordance with (1) the Package the Customer has chosen and/or (2) the Single Unit Purchase the Customer has made. The Services also include a showcase website at www.molto.ca. The Application makes it possible to subscribe and have access to the digital versions of the Publications. All internet or mobile services the Customer is provided by the internet or mobile service provider and all material and equipment not specified in these Terms of Use are specifically excluded from the Services.

Single Unit Purchase: purchase by the Customer of one or more issues of a Publication, without any subscription.

Store: corresponds to the Apple Store or the Google Play Store.

2. Purpose

By registering for the Free Period and/or thereafter, if applicable, by subscribing to a Package or by making a Single Unit Purchase, and in consideration of payment of the Price by the Customer, TVA undertakes to provide the Services requested by the Customer, in accordance with the terms and conditions provided for herein. The Customer is granted a limited, non exclusive and revocable licence, authorizing the Customer to make personal rather than commercial use of the Services and to receive the multimedia content available through the Application in Canada.

3. Free Period with subscription

If you register for a Package, you receive a Free Period of thirty (30) days. Once the Free Period expires, your Billing Period will start and you will be billed according to the Package you have chosen. However, you can terminate your subscription at any time before the end of the Free Period with immediate effect, and at any time after the start of the Billing Period in accordance with the terms and conditions set out below.
TVA reserves the discretionary right to remove or change the Free Period and/or the applicable conditions at any time, without prior notice and without being liable in any way whatsoever.

4. Payment for Services

The Customer undertakes to pay the Price in accordance with these Terms of Use, plus taxes, from the beginning of the Billing Period or upon making a Single Unit Purchase.
The applicable Price will be billed monthly in accordance with the type of Package chosen, or each time a Single Unit Purchase is made.
At any time, TVA reserves the right to change the Price or the Services. The Customer will receive a notice to that effect and will have to agree to the change or terminate the subscription.
The Customer acknowledges that the amount billed during each Billing Period may differ due to promotional offers, changes to the Package and changes to the applicable taxes, if any.

5. Customer’s obligations and responsibilities

From the date the Services are activated, including during the Free Period, if any, the Customer is responsible for the use and implementation of any kind whatsoever of the Services.
The Customer acknowledges the duty to comply with the laws and regulations that apply to the use of the Services, including, without limitation, those relating to intellectual property.
The Customer may not use the Services, or allow the Services to be used by anyone whomsoever, for purposes or in a manner contrary to the law or these Terms of Use, or in a manner that adversely affects TVA or any other person (including other users of the Services).
In the event that the Customer behaves in an unacceptable manner, TVA reserves the discretionary right to prevent access to the Services.
Among other things, the Customer is strictly prohibited from:

collecting information and sending advertising emails to the other users of the Services, or using automated means to promote content in an artificial manner;
copying, reproducing, recording, making available to the public, modifying, distributing, transmitting, broadcasting, licencing, selling, renting, adapting, creating derivative work, or using and operating in any other manner, in whole or in part, the elements provided through and contained in the Services (including, without limitation, sound recordings, images and texts), or the Services themselves, without TVA’s prior written authorization, or in accordance with terms and conditions not expressly authorized in these Terms of Use;
selling or attempting to sell the Services or any code used to access the Services;
decompiling, disassembling, modifying the application software, the Services or any part thereof, or creating derivative work based thereon;
gaining access to or bypassing, in any manner whatsoever, any technology used through the Services that is the property of TVA or its licensors;
circumventing any territorial restriction;
otherwise tampering with the application software or the Services;
copying, posting or transmitting Prohibited Content through the Services.

The owners of the work and the owners of the rights to any content available through the Services remain third-party beneficiaries under these Terms of Use and have all rights, title and interest to take action against the Customer.
In addition to the foregoing, the Customer undertakes to take all necessary precautions to prevent unauthorized use of the Services and their content.

6. Explicit content

Some of the Publications available through the Services may contain “explicit content.” TVA will not be liable for any content or material that includes “explicit content” that may be available through the Services and that you may find offensive or indecent.

7. Interaction with third parties

The Services may contain links to other websites or other internet resources that are not owned or operated by TVA. TVA provides these links for your convenience, and the inclusion of such links does not constitute an affiliation, endorsement or sponsorship by TVA of these websites or the content thereof. Customers who access third party websites, do so at their own risk. The Customer hereby represents and warrants that they have read and agree to be bound by all applicable policies for any third-party service related to their use of the Services and that they will act in compliance with such policies, in addition to their obligations under these Terms of Use. TVA does not offer any guarantee with respect to the content, truthfulness or accuracy of the information provided on such websites, and TVA will not be liable with respect thereto. The Customer acknowledges that TVA is not liable in any manner whatsoever for any content, advertising, services or goods obtained or made available through such websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Your interactions with other organizations and/or individuals whose contact information you find through the Services, including payment and delivery of goods or services, as well as any other terms, conditions, warranties or representations associated with such transactions, are strictly between you and such organizations and/or individuals. You should make whatever inquiries you may deem necessary or appropriate before carrying out any online or offline transactions with any such third parties. You agree that TVA is not in any way liable for any loss or damage of any kind whatsoever as a result of any such transactions. In the event of a dispute with another user of the Services or any other third party, you understand and agree that TVA is under no obligation to become involved. If you are involved in such a dispute, you hereby release TVA, its officers, employees, agents and successors in right from all claims, demands and damages (actual or consequential) of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes.

8. Territorial limit

The Services are available only on Canadian territory.

9. Customer content

As part of the Services, the Customer may have the possibility to upload, submit, disclose, distribute or otherwise post (hereinafter, “posting,” or similar formulations) content, videos, audio clips, written forum comments, data, text, photos, software, scripts, graphics, works of authorship, or other information to or on the Services (“Customer Content”). By posting Customer Content through the Services:

the Customer hereby grants TVA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to use, modify, reproduce, distribute, prepare derivative works, post, publish, perform, and otherwise fully exploit (“Use” and similar formulations) the Customer Content in connection with the Services, including, without limitation, to promote and redistribute all or part of the Services in any media format or through any media channel (including, without limitation, third-party websites). The Customer hereby also grants each user of the Services a non-exclusive licence to access the Customer Content through the Services, and to Use such Customer Content as permitted by the functionality of the Services and in accordance with these Terms of Use;
the Customer represents and warrants (and will promptly show to TVA’s satisfaction, upon request): (a) that they own or otherwise control all rights to Use such Customer Content and that disclosure and Use of such Customer Content by TVA (including, without limitation, by publishing the content) will not infringe or violate the rights of any third party, including, without limitation, the right to privacy, right of publicity, or any contractual or other right of any person or entity; (b) that the Customer has permission to Use the name and image of each identifiable individual and to Use such person’s identifying or personal information; and (c) that the Customer is authorized to grant all of the aforesaid rights to the Customer Content to TVA and all users of the Services;
the Customer agrees to pay all royalties and other amounts owing to any person or entity as a result of their Use of any Customer Content within the framework of the Services;
the Customer agrees that TVA has the right to reformat, extract or translate any material, content or information they submit; that TVA will not in any way be liable for any errors or omissions in such content; and that TVA cannot guarantee the identity of any other user with whom they may interact while using the Services.

TVA does not endorse and has no control over any Customer Content. It cannot guarantee the authenticity of the information that customers may provide about themselves. The Customer acknowledges that viewing all content they access through the Services is at their own risk, and that they alone will be responsible for any damage or loss incurred by any party as a result thereof.
TVA has the right, but not the obligation, to monitor the Services, content or Customer Content. TVA may remove any Customer Content at any time for any reason whatsoever (including, without limitation, upon receipt of complaints or allegations from third parties or authorities in relation to such Customer Content), or for no reason at all.

10. Content from third-party websites or Publications not published by TVA

It is possible that content available on the Application or that some Publications are not published by TVA. Therefore, TVA has no editorial control over the Publications or any other content not published by it. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those contained in Publications or other content and offered by the Services, are those of the respective author or publisher and not TVA’s, and TVA is not liable with respect thereto.
TVA does not guarantee the accuracy, completeness or usefulness of any content, including the Publications. Under no circumstances will TVA be liable in any way whatsoever for any content, including, without limitation, any loss or damage caused by the Customer’s reliance on information obtained through the Services (including the Publications), any errors or omissions, or any loss or damage of any kind suffered in connection with the use or viewing of content posted, accessed or otherwise made available through the Services.

11. Warranty of Services

Provided the Application is available through the Store, TVA will make all reasonable efforts to ensure that the Services remain operational. Nevertheless, certain technical problems or maintenance operations may occasionally result in temporary interruptions. TVA reserves the right to modify or interrupt, at any time and from time to time, on a temporary or final basis, certain functions and functionalities of the Services, with or without prior notice.
TVA neither offers, nor makes or gives any explicit or implied declarations, representations or warranties of any kind whatsoever in respect of the Services, beyond what is expressly provided for herein. Therefore, unless expressly provided for herein, any explicit or implied declaration, representation, warranty or condition is hereby excluded. The Services, third party applications and any information and material contained in the Services are provided “as is” and to the extent that they are available. Without limiting the generality of the foregoing, TVA and each of its officers, directors, employees, licensors, suppliers, distributors, advertisers or other contracting parties do not warrant (i) that the Services will meet the Customer’s needs; (ii) the quality, content, performance, availability, use or operation of the Services and, if applicable, that such problems can be resolved; and (iii) that the implementation of the Services by the Customer will be compatible with the Customer’s equipment, the limits imposed by their internet and/or mobile provider and all applicable laws and regulations. In addition, TVA does not warrant or endorse and does not assume any liability for any third-party applications, the content of the Services, or any product or service promoted or offered by a third party in or through the Services or any hyperlinked website, or listed on any advertising banner or other advertisement, and assumes no liability for such products and services. Therefore, TVA will not, under any circumstances, be liable with respect to any transactions between the Customer and third party suppliers or products or services promoted in or through the Services.
No oral or written advice or information the Customer obtains from TVA will create any warranty whatsoever by TVA in that respect.

12. Limitation of liability

TVA and each of its officers, directors, employees, licensors, suppliers, distributors, advertisers or other contracting parties will not, under any circumstances, be liable for any direct, indirect, incidental or consequential damage (including, without limitation, any loss of data, service interruption, computer failure or financial loss) resulting from use of the Services (including, without limitation, its content or third-party applications), or inability to use them, even if you advise TVA of the possibility of such prejudice, as well as any damage arising therefrom.
Your only right with respect to any problem or dissatisfaction concerning the Services is to stop using them.

13. Indemnification by Customer

The Customer undertakes to indemnify and hold harmless TVA and each of its officers, directors, employees, licensors, suppliers, distributors, advertisers or other contracting parties from and against all claims, actions, proceedings or formal notices, including legal fees and costs, whether or not well-founded (a “Claim”) by a third party against TVA and each of its officers, directors, employees, licensors, suppliers, distributors, advertisers or other contracting parties as a result of misconduct on the Customer’s part, or, pursuant to these Terms of Use, failure by the Customer to fulfill any of their obligations. The Customer undertakes to indemnify TVA and each of its officers, directors, employees, licensors, suppliers, distributors, advertisers or other contracting parties for any damage they cause them owing to their misconduct or failure to fulfill their obligations. TVA has the right to participate in the defence, at its expense, against any Claim and to be represented by counsel of its choice.

14. Effective date, duration and termination of Terms of Use

Effective date

The Terms of Use will take effect with the first Single Unit Purchase or at the beginning of the Free Period and will remain in effect until terminated either by you or by TVA.

Termination by Customer

The Customer may, at any time, terminate the Services by following the Store’s procedure.

Termination by TVA

TVA reserves the right to suspend or terminate the Services, for no reason, by notifying the Customer through the Application and in accordance with the terms and conditions of the Store.

Effect of cancellation or termination of Packages

In the event that any of the Packages are cancelled or terminated for any reason whatsoever, you will lose your magazine newsstand, history and other information related to your account. Termination will result in the deletion and destruction of all of the information associated with the Customer’s subscription.
However, all Single Unit Purchases will remain available within the Application.
Cancellation or termination does not release the Customer from paying all amounts due to TVA. The applicable fees continue to apply until the end of the notice period.
All provisions of the Terms of Use which, by their nature, should survive termination will survive termination, including, without limitation, the provisions relating to ownership and indemnification, warranty disclaimers and limitations of liability.

15. Miscellaneous

Intellectual property

The Customer acknowledges and agrees that the content provided through the Application (including the Application software) belongs to TVA or its licensors or content providers and is protected by intellectual property rights (including copyright and trademark right) or any other law.

Governing law

The applicable laws are those in effect in the Province of Quebec, without taking into account conflict of laws principles, and the Customer attorns to the exclusive jurisdiction of the courts of Quebec.

Assignment

The Customer is not authorized to assign their right to use the Services. Any such assignment will be null and void. TVA is authorized to assign all or part of its rights and obligations hereunder without the Customer’s consent.

Entire agreement, severability and translation

These Terms of Use contain the entire agreement reached by and between the Customer and TVA with respect to the subject matter hereof and will prevail over any and all contracts, agreements, undertakings, promises and representations in that respect.
The nullity or unenforceability of any provision of these Terms of Use will not in any way affect the validity or enforceability of any other provision.