Getstuff Picture and Video Messaging Media Messaging

  1. Acceptance Bell MTS, a division of Bell Canada, (“Bell MTS”) makes certain content, products and services (the “Content”) available to Bell MTS customers for downloading onto their wireless phone (the “Service”) through Web pages at the URL: bellmts.ca and pages linked thereto which display Bell MTS branding. The Content belongs to various licensors and suppliers of Bell MTS (the “Suppliers”). Content is supplied for personal and not commercial use, and is to be used only in respect of the phone upon which the Content is originally downloaded. By using the Service, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Content, as all of the same may be modified by Bell MTS from time to time (collectively the “Terms and Conditions”). Please note that the Terms and Conditions may be updated from time to time without notice to you, by posting on the applicable website the Terms and Conditions for the Service. It is your responsibility to periodically check for any changes to these Terms and Conditions.
  2. Privacy Bell MTS collects, uses and discloses personal information for the purposes identified in the Bell MTS Privacy Code. These purposes are: (a) to establish and maintain responsible relations with customers and to provide ongoing service; (b) to understand customer needs; (c) to develop, enhance, promote or provide products and services; (d) to manage and develop Bell MTS business and operations; and (e) to meet legal and regulatory requirements. You hereby consent to Bell MTS collecting, using and disclosing your personal information in accordance with the Bell MTS Privacy Code. The entire Bell MTS Privacy Code may be viewed on Bell MTS website at http://about.bellmts.ca/legal/#privacy-code, or will be provided upon request.
  3. E-Mail Communications From time to time, Bell MTS may use e-mail, 2-Way Text Messaging, telemarketing and direct mail to inform you about products and services from Bell MTS or related Bell MTS companies. If you do not wish to receive these types of communications, please call 204-225-5687 or follow the unsubscribe directions posted at the bottom of the applicable communication.
  4. Registration, Accounts and Passwords Certain elements of the Service may require registration. If you register for the Service or related features, you shall provide accurate and current information about yourself as required by the relevant registration process, and shall promptly update such information as necessary to ensure that it is kept accurate and complete. You shall be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with the Service; and (b) all activities that occur under such password or account. If you become aware, or suspect that any unauthorized person has obtained or attempted access to your accounts, programs or data, then you shall forthwith notify Bell MTS and change your password. Bell MTS, including its affiliates and its Suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with any individual who accesses the Service using your password or account identifier or your failure to comply with this Section 4.
  5. Rules and Conduct In consideration of the availability, and your use, of the Service and the Content downloaded using the Service, you represent, warrant and covenant, while using the Service and the Content downloaded using the Service, not to:
    1. use the Service or the Content in a manner that is contrary to law, or would serve to restrict or inhibit any other user from using or enjoying the Service, the Content or the Internet;
    2. upload, post, publish, transmit, reproduce, link to or otherwise distribute any Content or other materials (in any form), or any derivative work thereof, that is protected by any intellectual property right without obtaining written permission of the intellectual property right owner or holder; or
    3. use, reproduce, sell, resell or otherwise exploit the Content or the Service for any commercial purpose.
  6. Monitoring Bell MTS has no obligation to monitor any Content accessible through the Service. However, Bell MTS has the right to monitor the Service and your use of the Service electronically from time to time and to disclose any information as necessary to (a) satisfy any law, regulation or other governmental request; (b) to operate the Service properly; or (c) to protect itself or its users in accordance with Bell MTS’s Privacy Code. Bell MTS may limit your access to the Service and access to Content in any way; or refuse all or part of your access to the Service without notice or liability if there is a breach or suspected breach of these Terms and Conditions or of Bell MTS’s service policies, or where Bell MTS deems such limit or refusal may be advisable to protect itself, its customers, its network or its relationship with Suppliers. Without restricting the generality of this discretion, Bell MTS may limit the amount of data transfer you are permitted or the hours you are able to access the Service in any manner. You understand that by using the Service, you may have access to Content which: may be offensive or objectionable to you; may not comply with applicable laws, or; may cause damage to your phone, computer, network, and/or the data, programs or files stored thereon. Under no circumstances shall Bell MTS, its affiliates or its Suppliers be responsible or liable, directly or indirectly in any way, for any loss or damage of any kind incurred as a result of, or in connection with: any use of, or access to, the Service or any Content.
  7. Dealings with Third Parties If applicable, you acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through the Service, including payment for and delivery of related goods and service(s), and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Bell MTS assumes no responsibility whatsoever for any charges that you or any user of your account may incur when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. Bell MTS including its affiliates and its Suppliers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
  8. Use of Service The Service and the Content are provided to individuals and for personal use only. Any unauthorized commercial use of the Service is expressly prohibited. You shall comply with all applicable laws and the Terms and Conditions in using the Service and are solely responsible for all acts or omissions that occur under your account or password.
  9. Bell MTS’s obligations for Service The components and any aspects of the Service may be modified or deleted by Bell MTS at any time for any reason or for no reason at all, in Bell MTS’s sole discretion, with or without notice to you. Bell MTS shall have no obligation to maintain any content stored by you within the Service.
  10. Pay-per-download Service The Service is a pay-per-download service. You acknowledge that Bell MTS is not currently able to provide details respecting the date and time that a particular download occurred without incurring unreasonable expense and that you will be charged for all Content downloaded to your phone regardless of whether the download was intentional or not. Content is provided on a per phone basis so if you change phones you will need to pay to download Content to the new phone even if you already paid for such Content in respect of another phone. You shall pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Bell MTS reserves the right to change the amount of, or basis for determining, any fees or charges for Services or the Content, and to institute new fees, charges, or terms at any time. All charges not paid when due shall bear interest at the rate specified in Bell MTS’s billing statements from time to time. You agree not to deduct or set-off any amount from the charges due to Bell MTS under these Terms and Conditions.
  11. Downloads/Client Shareware Bell MTS may make available to you software for downloading in connection with the Service. Any such software and any Content shall remain the property of Bell MTS, its licensors or Suppliers, as applicable. You shall take appropriate steps to protect such software and Content. Such software and Content are subject to the terms and conditions made available to you during the software installation or download process and to these Terms and Conditions. You agree to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software or downloaded Content rests with you. You further agree that Bell MTS, including its affiliates and its Suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software or Content, including the failure of such software or Content to meet your needs, standards, expectations or desired specifications. In the event of an inconsistency between these Terms and Conditions and the terms and conditions of any such software, these Terms and Conditions shall prevail.
  12. Disclaimer Regarding Third Party Content Bell MTS exercises no control over content, web pages, or sites not provided by Bell MTS nor over the Content accessible using the Service. It is your responsibility to review and evaluate Content, and any and all risk associated with the use of, or reliance on, Content rests with you. Bell MTS including its affiliates or its Suppliers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Content.
  13. Termination Bell MTS, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Service or the Content, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Bell MTS believes that you have violated any of the Terms and Conditions. Bell MTS including its affiliates and its Suppliers shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Content or any of the Service or with any terms, conditions, rules, policies, guidelines, or practices of Bell MTS in operating the Service, your sole and exclusive remedy is to discontinue using the Service and Content. Bell MTS shall not be required to refund to you any amounts prepaid for use of any Service. Termination of the Service shall not relieve you from any liability, including amounts owed to Bell MTS, accrued prior to or at the time that such termination becomes effective.
  14. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT NEITHER Bell MTS AND ITS AFFILIATES, NOR ITS SUPPLIERS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bell MTS DOES NOT WARRANT THAT ANY OF THE SERVICE OR CONTENT, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICE OBTAINED FROM OR THROUGH THE USE OF THE SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THAT THE SERVICE OR CONTENT OBTAINED USING THE SERVICE OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  15. Limitation of Liability YOU AGREE THAT Bell MTS AND ITS RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH OR UNDER YOU IN RESPECT OF ANY LOSSES, DEMANDS, CLAIMS OR DAMAGES WHATSOEVER, NO MATTER WHERESOEVER OR HOWEVER CAUSED; NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR OTHER DAMAGES OF ANY KIND; ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICE, THE USE OR INTENDED USE OF THE SERVICE, OR THESE TERMS AND CONDITIONS. THE FOREGOING SHALL APPLY EVEN IF Bell MTS HAD BEEN ADVISED, HAD KNOWLEDGE OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION AROSE FROM BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR OTHERWISE), NEGLIGENCE OR ANY OTHER THEORY OF LAW OR EQUITY. YOU ACKNOWLEDGE THAT THE ABOVE LIMITATION of LIABILITY is REASONABLE IN LIGHT OF THE AMOUNT PAID FOR THE SERVICE AND AGREE THAT IF, NOTWITHSTANDING THE FOREGOING, Bell MTS SHALL BE FOUND LIABLE IN ANY WAY; Bell MTS’S CUMULATIVE LIABILITY TO YOU OR ANY PERSON CLAIMING THROUGH OR UNDER YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE PREVIOUS ONE (1) YEAR PERIOD WHICH SHALL BE THE AGREED UPON DAMAGES AND SHALL BE YOUR EXCLUSIVE REMEDY, AND YOU SHALL INDEMNIFY AND SAVE Bell MTS HARMLESS AGAINST ANY CLAIMS IN EXCESS OF THIS AMOUNT.
  16. Indemnity notwithstanding any other terms, conditions and covenants contained in this agreement, You shall be solely responsible and liable for; and you shall promptly indemnify and hold harmless Bell MTS, its affiliates, and the officers, directors, employees, agents, contractors, SUPPLIERS, CO-BRANDERS AND OTHER PARTNERS of Bell MTS and its AFFILIATES (COLLECTIVELY “Bell MTS” FOR THE PURPOSE OF THIS SECTION 16) from and against; all claims, demands, losses, damages, causes of action, expenses and costs (including reasonable attorney’s fees) (COLLECTIVELY “CLAIMS”), THAT MAY BE BROUGHT AGAINST Bell MTS OR INCURRED by Bell MTS ARISING OR RESULTING FROM:
    1. the breach of any covenant, term or condition OF THIS AGREEMENT, whether by you or by any person accessing the SERVICE with your UserID and password or YOUR computer equipment;
    2. Bell MTS attempting to enforce OR ENFORCING any provision OF THIS AGREEMENT;
    3. Bell MTS attempting to recover OR RECOVERING any charges or any damages for breach of any covenant, term or condition herein;
    4. claims arising out of or from THE use of the SERVICE BY YOU OR ANY PERSON CLAIMING THROUGH YOU OR UNDER YOU; or from the material, data or other content contained in the transmissions sent by you OR ANY PERSON CLAIMING THROUGH YOU OR UNDER YOU using the SERVICE; INCLUDING, WITHOUT LIMITATION:
      1. claims for DEFAMATION;
      2. CLAIMS OF infringement of copyright, trademark or other intellectual property rights of any third party; OR
      3. CLAIMS OF A BREACH OF CONTRACTUAL RIGHTS OF ANY THIRD PARTY;
    5. use of any of the Service or Content by you or any person accessing the service with YOUR UserID and password; or
    6. placement, posting or transmission of any message, information, software or other content through the Service.

    All remedies conferred upon Bell MTS shall be deemed to be cumulative, AND no REMEDY is exclusive of ANY other remedy, OR OF ANY OTHER REMEDY conferred by law.

  17. No License; Intellectual Property of Bell MTS and Others Except as expressly provided, nothing herein or within any of the Service shall be construed as conferring any license under any of Bell MTS’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Bell MTS, its affiliates, licensors, Suppliers and/or service providers. You shall not (a) adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Service; (b) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Service; or (c) use any of the forgoing for any purpose other than the Service for which such intellectual property is made available to users through the Service.
  18. Trademarks All product, brand and company names and logos used in connection with the Service are the trademarks or registered trademarks of Bell Canada (or its suppliers or third party licensees). Any use of any of the marks appearing in connection with the Service without the express written consent of Bell MTS or the owner of the mark, as appropriate, is strictly prohibited.
  19. Copyright Notices Any copying, republication or redistribution of any part of the Service, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and/or Bell Canada.
  20. Territory The Service originates in Canada and is only to be made available for users that originate and reside within Canada.
  21. Electronic Nature of Terms and Conditions By using the Service you are expressly consenting to these Terms and Conditions being binding upon you without the need for a signature by either you or Bell MTS. You agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by Bell MTS.
  22. Miscellaneous
    • You shall not directly or indirectly assign your rights and obligations hereunder to any party except with the prior written consent of Bell MTS.
    • Bell MTS may assign all or part of its rights and obligations hereunder without your consent.
    • These Terms and Conditions shall be binding upon, and shall enure to the benefit of, you and your successors and permitted assigns and Bell MTS and its successors and assigns.
    • These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of Manitoba and the laws of Canada applicable therein and you agree that any dispute in connection with the Service shall be the sole and exclusive jurisdiction of the courts of the province of Manitoba and you irrevocably attorn to the jurisdiction of such courts.
    • Bell MTS shall not be responsible for the performance of, or deemed to be in default of, any obligation or provision of these Terms and Conditions where delayed or hindered by any occurrence beyond its control, such as, but not limited to, strikes, lock-outs, or acts of governments or government agencies having jurisdiction.
    • Any provision of these Terms and Conditions that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of these Terms and Conditions.
    • No failure by Bell MTS to exercise any right under these Terms and Conditions or to insist upon full compliance by you with your obligations under these Terms and Conditions will constitute a waiver of any provision of these Terms and Conditions.
    • These Terms and Conditions cancel, replace and supercede as of the Effective Date all existing agreements and understandings, written or oral, between the parties relating to the Service.
    • The headings and sub-headings given to portions of these Terms and Conditions are intended for reference only and shall not affect the construction or interpretation of these Terms and Conditions.
    • Any and all notices under these Terms and Conditions shall be sufficiently given if personally served or sent by mail, facsimile or email and sent or addressed to you at your address specified for billing purposes and to Bell MTS at P.O. Box 6666, MP12D, 333 Main Street, Winnipeg, Manitoba R3C 3V6. Any such notices, if delivered personally, shall be deemed to have been received the same day; if sent by mail, shall be deemed to have been received three (3) business days after the date of mailing; or if sent by facsimile or email, shall be deemed to have been received on the next business day following the date of transmission.
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