Terms

Scope and Purpose of this Disclaimer

This disclaimer document governs your use of our informational website. By using the website located at www.gustotv.tv and its subdirectories, you agree to, and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website, as that condition prohibits you from doing so. Gusto reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of gustotv.tv. By using this site after changes have been made to this document, you agree to accept those changes, whether or not you have reviewed them.

Rights to information published

All materials on this site are protected by copyright and intellectual property laws and are the property of Gusto. All rights are reserved. Unless stated otherwise, you may access and download the materials located on https://www.gustotv.tv only for personal, non-commercial use. You may not reproduce this material on your personal website, blog, social network, or any other online resource.
Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page hosted at www.gustotv.tv or its content aggregation systems becomes the property of gustotv.tv. Gustotv.tv reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content.

Our Rights to Remove or Reproduce any User-Generated Material

For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to gustotv.tv via any method at any page on www.gustotv.tv or any other content communication or submission medium or forum.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with gustotv.tv (www.gustotv.tv) you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada, and that you have the full rights to accept this condition.

Site content (quality, accuracy and use)

Visitors who use this website and rely on any information do so at their own risk.
This Web site and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at www.gustotv.tv will not always be up to date and cannot necessarily be relied upon.

The information is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this website without first consulting with a qualified professional. They are not intended to be, nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between gustotv.tv (or its parent, Gusto Worldwide Media) and you.

The owners, editors, contributors, administrators, and other staff of gustotv.tv (a Gusto Worldwide Media web property) are not qualified professionals and are simply aggregating information found online for entertainment purposes only.

By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of gustotv.tv (a Gusto Worldwide Media web property).

Restrictions on who can use the website

If you are under 18, please get a parent’s or guardian’s permission before taking part in any gustotv.tv community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
By visiting any page at www.gustotv.tv you understand that content may be encountered that is not suitable for children. You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from the gustotv.tv website, (which includes all content and code from any page hosted at or within www.gustotv.tv, or any content or code relating to or from this site that was transmitted via email or other means). gustotv.tv (or its parent, Gusto Worldwide Media) cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.

External links – limiting liability for links to other web sites

Our site contains links to other sites that we not own or operate. We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.

The Actions and Opinions of Other Users

You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of gustotv.tv within www.gustotv.tv and its subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of gustotv.tv (or its parent, Gusto Worldwide Media). We accept no responsibility for any loss or harm incurred from the use of this website or any of its information or content.

Viruses, Damage and Availability

gustotv.tv (or its parent, Gusto Worldwide Media) makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.

Legal jurisdiction

The Federal laws of Canada shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.

Limited Liability

gustotv.tv (and its parent, Gusto Worldwide Media) and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of gustotv.tv at any location within www.gustotv.tv or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).
Though we make reasonable efforts to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way.

 

Gusto TV App Terms of Use

EFFECTIVE DATE: March 12th, 2024

The following sets out the terms of use for our Gusto TV mobile application (the “App”) made available by Gusto Worldwide Media (“Company,” “we,” “us,” “our”) to our users (“User”, “you”, “your”).

The following terms of use, together with any documents and/or additional terms expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the App.

We provide an online video service offering (among other things) streaming of culinary programming, and other related content. The contents of the App include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “App” includes all of the Contents. The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the App and the Content within any country where the App and the Content are available although the Content will vary from territory to territory.

 

  1. Acceptance of these Terms of Use

These Terms of Use constitute a legally binding agreement between you and Company regarding your access to and use of the App.

BY DOWNLOADING, ACCESSING, BROWSING AND/OR USING THE APP OR THE CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE (I) TO BE BOUND BY THESE TERMS OF USE AND (II) TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE APP.

By using this App, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

 

  1. CHANGES to these Terms of Use

We reserve the right in our sole discretion to change each of the sections of these Terms of Use at any time. We will notify you of any changes to these Terms of Use by posting the updated Terms of Use on the App with an updated “Effective Date” and/or sending you a notice if and as required by law. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued access or use of the App shall be your acceptance of these.

 

  1. Our Provision of the App

You acknowledge and agree that the Content, form and nature of the App may change from time to time without prior notice to you.

You acknowledge and agree that Company may stop (permanently or temporarily) providing the App (or any Content or features within the App) to you or to Users generally, at Company’s sole discretion, without prior notice to you. You may stop using the App at any time. You do not need to inform us when you stop using the App or any of its Content or features.

You may download and access the App on a mobile device by downloading it via third-party application marketplace (each, an “App Store”). You agree you will only use the App in accordance with any usage rules set out in the applicable App Store’s terms and conditions. You acknowledge that these Terms of Use are concluded between Company and you only, and App Store has no obligation or liability to you with respect to the App or these Terms.

 

  1. Your Use of the App

Your use of the App is subject to all applicable local, provincial, state and federal laws and regulations.

Users are responsible for obtaining their own access to the App and for the App’s availability and performance. When you download and access the App, your wireless carrier’s standard charges, data rates, and other fees may apply.

You may not use, allow, or enable others to use the App, or knowingly condone use of the App by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the App, the Content, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the App, or from advertising, linking, or becoming a supplier to us in connection with the App;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the App or the rights or use and enjoyment of the App by any other User;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Company or any third party;
  • violate the privacy of any individual, including Users of the App; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content or any Company products and services for any purpose.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

 

  1. TECHNICAL REQUIREMENTS

You are responsible for ensuring that you have and maintain all the hardware necessary to access the App and receive and view the Content. We will use our reasonable endeavours to ensure that the Content is made available to you at all times. However, the App and the Content are provided on an “as is” basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any Content as scheduled or advertised, nor where you are unable to watch any Content on any specific device. From time to time we may need to suspend the App and the Content to carry out upgrades or maintenance. We will try to keep any such suspension to a minimum. We will provide the App and the Content with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.

The quality of the display of the streaming of Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
The streaming software used to deliver the Content may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the App and the access to Content may require third party software that is subject to third party licenses.

 

  1. TERMINATION OF ACCESS

In addition to all other legal or equitable remedies available to us, we reserve the right, without prior notice to you to immediately terminate or restrict your access to and use all or part of the App, for any reason, including, without limitation, any violation of these Terms of Use.

 

  1. PASSWORDS AND USERNAMES

Any Gusto TV account (“Account”) password and username that you create or Account credentials that are assigned to you for use on the App are intended for your individual use only. You agree not share or otherwise provide the right to use your Account with any other person. You agree to be responsible for the security of your password and username, and you will be responsible for all actions made on the App using your Account, even if you were not aware of the actions. We may, in our sole discretion, monitor the use of any Account and may require you to change your password or username at any time. You agree to immediately notify us of any unauthorized use of your Account on the App.

We reserve the right, in our sole discretion, to disable or terminate your Account at any time for any reason, including for any violation of these Terms of Use.

 

  1. Click-Through Agreements

Before you use certain areas of the App or access certain Content, you may be asked to indicate your acceptance of certain additional terms and conditions by clicking on a button marked “OK” or “I agree”. Any additional terms and conditions to which you agree will supplement and amend these Terms of Use.

 

  1. Intellectual Property Rights and Ownership

The App is owned and operated by the Company. You understand and agree that the App and its Content are owned by the Company or its affiliates, licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as set forth herein, you may not use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of the Company.

The Company name, the name “Gusto TV”, the Gusto TV logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. Subject to and conditional upon your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, limited license to access, with no right to sublicence, to download and install the App on your personal device and to run the App solely for your own personal, non-commercial purposes for the sole purpose of accessing the Content, according to the license granted under these Terms of Use. Except as expressly authorized by these Terms of Use, you may not (i) otherwise download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Content; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple Users through any means. By furnishing information, the Company does not grant any licenses to any copyrights, patents or any other intellectual property rights.

You are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this App. You must not access or use for any commercial purposes any part of the App or any Content available through the App.

If you use any part of our App in breach of these Terms of Use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any of its Content, and all rights not expressly granted are reserved by the Company. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not allow any person (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any person (including, without limitation, on or via a third party App), or otherwise use, any Content without the express prior written consent of Company or its owner if Company is not the owner.

No information or statement contained in these Terms of Use or the App shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Company or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the App, including notices on any of the Content that you are permitted to download, transmit, display, print, or reproduce from the App.

 

  1. Third Party Information

Any third-party content, data or publications made available through the App are furnished by Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the App, are those of the respective author(s) or publisher(s) and not of Company. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

 

  1. Third Party WEBSITES

For your convenience, this App may provide links or pointers to third party websites. Such third party websites are not under the control of Company, and Company is not responsible for the contents of any such website or any link contained in such website. The inclusion of such links does not imply a recommendation or endorsement by Company of any such website or the products or services offered or information contained therein.

We make no representations about any other websites that may be accessed from this App. If you choose to access any such website, you do so at your own risk. We have no control over the contents of any such third party website, and accept no responsibility for such website or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party website.

Such links to third party website from the App may include links to certain social media features that enable you to link or transmit on your own or using certain third party website certain limited content from this App. You may only use these features when they are provided by us and solely with respect to the Content identified. Such features and links to third party website are subject to any additional terms and conditions we provide with respect to such features.

You may not create a link to the App without Company’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the App provided that such link is to the homepage of the App and does not portray Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner. The website in which you are linking must comply in all respects with the these Terms of Use.

The limited rights granted to you under these Terms of Use may be revoked by Company at any time for any reason whatsoever.

 

  1. No Reliance

The Content on our App is provided for general information purposes only.

Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the Content on our App is accurate, complete or up to date. Your use of the App is at your own risk.

 

  1. THIRD-PARTY SERVICES AND APPLICATIONS

We may engage third-party services, including, without limitation, websites, widgets, software, or other software utilities (each a “Third-Party Service”) to provide certain features of the App. This includes use of a Third-Party Service to enable Users to view Content through the App. Additional terms and conditions of the Third Party Service may be applicable to these features of the App and are hereby incorporated by reference into these Terms of Use. We shall not be responsible nor liable in any way, for the terms of any Third-Party Service you may use in conjunction with the App.

 

  1. Privacy

We respect your privacy. Please view our App Privacy Policy, which governs the way we collect, use, disclose and process personal information.

 

  1. Disclaimer of Warranties

CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW FOR THE LIMITATIONS OR EXCLUSIONS OF LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE APP OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE APP, THE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, FREE OF DEFECTS, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the App will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the App and your internet and data security. EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, AND EXCEPT FOR QUEBEC RESIDENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, THE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SERVICES) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

 

  1. Limitation on Liability

CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS, SUCH AS QUEBEC, DO NOT ALLOW FOR THE LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OR COSTS OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE APP, THE CONTENTS, THIRD-PARTY SERVICE, ANY LINKED WEBSITE OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY MATERIALS, POSTING OR INFORMATION THEREON.

 

  1. Indemnification

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your access to or use of the App or its Content including, but not limited to, third party Apps, any use of the App’s services and products other than as expressly authorized in these Terms of Use.

 

EXCEPT FOR ANY GREATER RIGHTS WHICH YOU MAY HAVE UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, INCLUDING QUEBEC, we reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

 

  1. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

  1. APPLICABLE LAW AND JURISDICTION

Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, you agree that these Terms of Use are governed by and construed in accordance with the laws of Ontario applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the province of Ontario, without regard to principles of conflict of laws and notwithstanding your domicile, residence or physical location.

 

  1. Waiver

You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

  1. Severability

If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

  1. Notices

You agree that any written notice from you required by these Terms of Use will be considered given when we receive it at the Company’s mailing address below.

You agree that Company may provide you with written notices, including those regarding changes to these Terms of Use, when we send it by email to any email address that you have provided to us.

 

  1. Contact

All feedback, comments, inquiries, requests for technical support, and other communications relating to the App should be directed to Company as follows:

6-2191 Thurston Drive

Ottawa, ON,

K1G 6C9,

Canada

info@gustotv.com