A. Object and availability
1. The Database will provide you with summarized practical information on various digital/VOD platforms buyers. Information will include various international VOD platforms such as name, business model, possible access (direct or via aggregator or other middleman), regions served, some descriptive information, where available, such as formats, genres, and from time to time, practical notes. Certain platforms will have more information than others, and information can change regularly without notice.
2. We are providing you with access to the Database for your internal research and background purposes only, and for your use on a non-commercial basis.
3. The Database is provided “as is” and “as available”. Access to the Database is provided online generally 24 hours a day and 7 days a week from CMPA’s secured membership portal. However, for maintenance reasons we may take the Database offline, but will try to do so only at those times we believe it is less used. Further, we are not liable for any technological problems regarding the Database and any impact that it may have on you. For certainty, we make no representations or warranties with respect to your ability to access the Database and/or Materials at any time or from time to time, or with respect to service levels and/or key performance indicators.
4. We are entitled to change the composition of the Database and the contents of the Materials at any time without notice.
B. Your licence and use restrictions
3. You are authorized to view and search the Database and Materials online only. You may not save, download, photograph, print or otherwise record or store an electronic copy of the Materials, in whole or in part, in any format whatsoever.
4. Your use of the Database and any Materials is restricted to your internal use and only for background research purposes. You may not copy, publish, distribute, display, transmit, resell or repackage the Database, in whole or in part, or any Materials, or create derivate works based on the Database and any Materials, for yourself or for the benefit of any third party who is not an Authorized User.
5. You may not violate or attempt to violate the security of any or all of the Database or Material in any way through any means or device including, without limitation: running scripts, spamming, parsing, spidering hacking, uploading computer viruses or time bombs, reverse engineering or decompiling.
C. Intellectual property rights
D. Warrantees and disclaimer
2. We have and will use our reasonable efforts to compile the Materials and keep them up to date from time to time. However:
(a) we do not represent that the Materials are definitive, error-free, omission-free, complete or fit for your purpose, nor does the provision thereof to you reflect or constitute business or legal advice;
(b) we do not undertake any obligation to consider whether the information contained in the Materials is sufficient or appropriate for any particular purpose for which you wish to use the Materials;
(c) the Materials may include information that is incorrect or out of date;
(d) if you use the Materials to support a business or legal decision, you are solely responsible ; and
(e) we may change the Materials regularly and without notice.
1. You accept that the Materials contain confidential information that is proprietary to CMPA and RSBV and its unauthorized disclosure may be harmful to CMPA and RSBV. You shall therefore handle the Materials within your organization in the same manner as you handle your own confidential information.
F. Protection of personal data
(a) to provide you with access to the Database; and
2. By using the Database you agree that we can place a cookie on your Internet enabled device(s) to improve your user experience of the Database and to enable us to maintain your search profile.
3. If you are a legal entity or business you represent, warrant and covenant to us that you are and shall remain entitled to authorize us to collect, retain and use the personal information of each individual submitted by you to use in connection with your use of the Database.
G. Third Party Beneficiary
1. This clause sets out our entire financial liability (including any liability for the acts or omissions of RSBV and/or our employees, agents, licensors and sub-contractors) to you in respect of:
(b) any use made by you of the Database and the Materials; and
4. Subject to clause H.3 above:
(a) we shall not be liable for any loss of profits, loss of revenue, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect, incidental, consequential, punitive, exemplary costs, damages, charges or expenses, however arising, and regardless of the form of action, even if we have been advised of the possibility of such damages; and
(b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to your paid CMPA membership fees during the 6 months preceding the date on which the claim arose, or if you are not a CMPA member, then $100 Canadian.
5. We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or pandemic .
6. Termination of your access to and use of the Database shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us.
I. Final clauses