Terms & Conditions

1. Acceptance.

Welcome to the kidsmania, GamesMania or the Bell Internet Games Pack service (the particular service you subscribe to and/or use being referred to herein as the "Service") operated by Bell Canada ("BELL") and accessible at www.kidsmania.ca in the case of kidsmania and Bell Internet Games Pack, and at www.gamesmania.ca in the case of GamesMania and Bell Internet Games Pack (each a "Site", and collectively, the "Sites").

By selecting the "Agree" button below or otherwise agreeing to this Agreement, you acknowledge that you have read, understand and agree to be bound by this agreement and such other additional or alternative terms, conditions, rules and policies that are displayed or to which you may be directed in connection with any particular Service, as all of the same may be modified by BELL from time to time (collectively the "Agreement"). If you do not wish to be bound by this Agreement, do not select "Agree" button or otherwise agree to this Agreement and you may not access or use the Service or any of the Downloaded Content (defined below).

2. Registration, Accounts and Passwords.

The Service requires you to register and open an account, including setting up a username and password and providing certain information. It is your sole responsibility to maintain and update your information with BELL, to keep it accurate, current and complete and to maintain the confidentiality and security of your account information, including your username and password. You are solely responsible for any purchases and any other activity that occurs under your account. You will notify BELL immediately for any unauthorised use of your account, username and/or password or any other security breach. You may be held liable for any loss or damage incurred by BELL or any other user of the Service or visitor to any of the Sites due to another party using your account, username and/or password. BELL 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 failure to comply with this Section 2.

3. Authorised Devices.

You may only download and view the Downloaded Content on a personal computer (lap top or desk top) authorized by BELL from time to time that meets the minimum system requirements as more particularly set out in Section 15 that BELL may establish from time to time ("Authorized Device(s)").

4. License to Downloaded Content.

The Service includes monthly subscription distribution and/or the download of online games on a download-to-own distribution and download-to-rent distribution bases (the "Downloaded Content"). Subject to the terms and conditions of this Agreement, BELL grants to you a non-exclusive, non-transferable, revocable, limited right and license to retain a copy of the Downloaded Content and view, use and play the Downloaded Content on up to three (3) Authorised Devices, for your personal and non-commercial use only.

5. Software.

In order to use the Service and play the Downloaded Content on the Authorised Device, you will need to install software made available by BELL, its agents or suppliers (the "Software") on the Authorised Device. Any such Software shall be subject to the terms and conditions of an associated software license agreement and shall remain the property of BELL, its agents and/or suppliers as applicable. A copy of the applicable software license agreement will be presented during the installation process and/or during use of the Software. It is your responsibility to review and agree to the terms and conditions of the applicable software license agreement before installing or using the Software. You shall take appropriate steps to protect such Software against loss or damage. You agree that all risk associated with the use of, or reliance on, such Software rests with you. Unless otherwise provided in the applicable software license agreement, all Software license agreements will terminate upon termination of this Agreement.

6. Rules and Conduct.

Except as otherwise expressly permitted herein, you will not:

1. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service, the Sites, the Software and/or the Downloaded Content in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service, the Sites, the Software, the Downloaded Content or the Internet; b. reverse engineer, modify, translate, create derivative works, decompile or disassemble the Service, the Sites, the Software or the Downloaded Content, except and only to the extent that applicable law expressly permits, despite this limitation;
2. make more copies of the Software or the Downloaded Content other than expressly permitted under this Agreement;
3. publish or otherwise make the Software or the Downloaded Content available for others to copy;
4. use the Service, the Sites, the Software or the Downloaded Content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is defamatory, abusive, harassing, threatening, harmful, hateful or otherwise objectionable;
5. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
6. post, transmit, link to, or otherwise distribute any information or software which contains a virus, time bombs, cancelbot, trojan horse, worm or other harmful or disruptive component, or otherwise interfere or attempt to interfere with the operation of the Service, the Sites or the Software in any way through any means or device, including spamming or hacking;
7. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Service, the Sites, the Downloaded Content or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder;
8. impersonate or falsely represent your association with any person, including a BELL representative;
9. use, reproduce, sell, resell, rent, lease, distribute, broadcast, sublicense, assign or otherwise exploit the Service, the Sites, the Software and/or the Downloaded Content or any right to the Service, the Sites, the Software and/or the Downloaded Content for any commercial purposes or for any illegal purposes;
10. remove any proprietary notices from the Service, the Sites, the Software or the Downloaded Content;
11. attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Service, the Sites, the Software or the Downloaded Content;
12. take any wrongful action in order to obtain any service to which you are not entitled;
13. probe, scan or test (or attempt to do so) the vulnerability of the Service, the Sites, the Software or the Downloaded Content;
14. frame or link to any of the Sites;
15. use the Service, the Sites or the Software to invade the privacy of or obtain personal information about any BELL account holder or user or to obtain a list of BELL account holders or users;
16. counterfeit or paste content from the Sites to any other web site or web page;
17. publicly display any portion of the Service or the Downloaded Content, or any videos or other audiovisual or digital works available at the Sites without a written sublicense signed by BELL;
18. violate any applicable domestic or international export laws and regulations that apply to the Software; or
19. use any data mining, robots, or similar data gathering and/or extraction tools in connection with the Service, the Sites, the Software or the Downloaded Content.

7. Payment.

You will pay BELL the applicable fees, including any monthly subscription fees or any fees for the Downloaded Content, as well as any other fees identified to you upon placing your order for the Service or otherwise identified to you from time to time, together with all applicable taxes. You authorize BELL to charge your credit card to collect any amounts due, including any late payment charges. You will promptly notify BELL of any changes to your credit card account, billing address or any other information necessary for payment collection. Monthly subscription services will renew on a monthly basis at the then current monthly fee or charge unless you provide notice to the contrary cancelling your subscription. Monthly subscriptions will terminate at the end of the then current month after receiving notice of cancellation from you. BELL reserves the right to alter charges for the Service and any of the Downloaded Content, as outlined in Section 16 of the Agreement.

8. Sales Final, Downloading of Downloaded Content.

All sales of licenses to the Downloaded Content are final when you complete the order process for the purchase of the license to the Downloaded Content and all fees and charges are non-refundable, except as otherwise set forth in this Agreement. BELL recommends that you download the Downloaded Content promptly after purchase. You bear all risk of loss for completing the download of the Downloaded Content, for the quality of the Downloaded Content and for any loss of Downloaded Content that you have downloaded, including any loss due to file damage or corruption or computer problems. On occasion, delivery of your Downloaded Content may be delayed or prevented. Your sole and exclusive remedy with respect to the Downloaded Content that is not delivered within a reasonable period will be either replacement of such Downloaded Content or a credit or refund of the fee paid for such Downloaded Content, as determined by BELL in its sole discretion.

9. Privacy.

Your personal information will be protected by BELL in a manner consistent with the Bell Customer Privacy Policy and the Bell Code of Fair Information Practices, available by visiting www.bell.ca/bellprivacy or by contacting BELL at 310-BELL (310-2355). By subscribing to the Service, you consent to the collection, use and disclosure of your personal information, as described in the above policy and practices. You may withdraw your consent at any time by using the opt-out form available at www.bell.ca/bellprivacy or by contacting Your Service Provider at 310-BELL (310-2355).

10. E-Mail Communications.

BELL may send you Service related information through the e-mail address provided by you at the time of registration (in which case it is your responsibility to ensure that such email address remains current at all times) or your Bell Internet parent e-mail address. You agree to review and to familiarize yourself with all such Service related information, and BELL is not liable for any damage or detriment to you or your property resulting from your failure to do so. Your continued use of the Service following delivery of such Service related information means that you accept and agree to comply with such information. BELL may also send you through e-mail, offers that promote additional products and services offered by BELL that BELL believes may be of interest to you and you hereby consent to receiving such offers. You can choose to unsubscribe from any such e-mail communications by following the unsubscribe directions posted at the bottom of the applicable e-mail.

11. Links to Third Party Site.

Each Site may contain links or other references to third-party Internet sites ("Third Party Sites"). The Third Party Sites are not under BELL’s control and BELL is not responsible or liable for and does not warrant, endorse, sponsor or review the content of the Third Party Sites. You are solely responsible and liable for any interactions with the Third Party Sites.

12. No Responsibility For Content.

By using the Sites and the Service you may find content, including the Downloaded Content that may be deemed obscene, offensive or otherwise objectionable. You agree to use the Sites and the Service, at your sole risk and BELL will have no liability for any content, including the Downloaded Content that may be found obscene, offensive or otherwise objectionable.

13. Content You Submit.

If you post or otherwise make content, including without limitation notes, messages, ideas, available on areas of any of the Sites or Service that are intended by BELL to be available to the general public ("Your Submitted Content"), you grant BELL a world-wide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, copy, adapt, transmit, publicly display, perform, distribute, reproduce, modify, publish, translate, create compilations and derivative works of, and communicate Your Submitted Content on any of the Sites and Service and to incorporate it into other works in any format or medium now known or later developed with respect to the content. BELL reserves the right to move, remove or refuse to post any content in whole or in part that it determines is unacceptable or in violation of this Agreement. You warrant that any moral rights that may exist in connection with Your Submitted Content have been waived. You agree that BELL has the right to monitor the Service and Your Submitted Content electronically from time to time, and may preserve and disclose any of Your Submitted Content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by BELL to be necessary to ensure compliance with the law, enforce the Agreement or protect the rights and interests of BELL or any other person. This license exists only for as long as you include Your Submitted Content on the Sites or the Service and terminates when you remove or BELL removes Your Submitted Content from the Sites and/or the Service. Notwithstanding the foregoing, you hereby acknowledge and agree that BELL, its affiliates, suppliers, licensors and agents may retain and use in perpetuity, any information, comments or ideas conveyed by you relating to the Service, any of the Sites, the Software or any Downloaded Content. This information may be used to provide you with better service.

14. Promotional Items.

In connection with the Service you may receive hardware, software devices or other items as part of a promotion or other marketing event in connection with the Service (each a "Promotional Item"). A Promotional Item provided to you is provided as a courtesy only in connection with your purchase of the Service. Use of a Promotional Item is subject to the manufacturer terms and conditions, including minimum systems requirements. Additional hardware, software and/or other items may be required in order to use a Promotional Item. Customer service and support is not provided for a Promotional Item.

15. Minimum System Requirements and Your Equipment.

It is your responsibility to ensure that the Authorised Device meets the current minimum system requirements made available to you by BELL and indicated at www.kidsmania.ca/index.php/faq?group_id=4 in the case of kidsmania and Bell Internet Games Pack, and at www.gamesmania.ca in the case of GamesMania and Bell Internet Games Pack, as being necessary to use the Service and view, use and play the Downloaded Content. From time to time, the minimum system requirements may change, and you will be duly notified of any such change in accordance with Section 16 of this Agreement. Accordingly, unless you update your computer equipment, it may cease to be adequate to access the Service and the Downloaded Content. In such event, your sole remedy will be to terminate this Agreement, in accordance with Section 16 hereof.

16. Modifications.

To the extent permitted by applicable law, BELL may modify the Service, any of the Sites, the Software, the Downloaded Content, the Agreement or any other document that forms part thereof at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of charges, including the Service and any Downloaded Content fees or charges, or modification, amendment or termination of any Service or Site feature. BELL shall notify you of any material amendment or change to the Agreement or any material change to the Service in advance by posting notice of such change at www.kidsmania.ca in the case of kidsmania and Bell Internet Games Pack, and at www.gamesmania.ca in the case of GamesMania and Bell Internet Games Pack, by sending you notice via e-mail to the e-mail address provided by you at the time of registration (in which case it is your responsibility to ensure that such email address remains current at all times) or your Bell Internet parent email address or by using any other notice method that will likely come to your attention. You agree to go to the applicable Site periodically and to review this Agreement in order to be aware of such modifications. Nothing in the Agreement shall be construed as obligating you to accept receipt of the Service after any change is made to the Service or the Agreement; however, to the extent permitted by applicable law, your sole remedy in the event you do not wish to accept such change shall be termination of the Service including the payment of any termination fees or other charges that may apply. Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change.

17. Termination.

BELL may terminate, suspend or restrict the Service, including your access to any of the Sites and your license and access to the Software and the Downloaded Content, and terminate the Agreement at any time upon notice in its sole discretion. BELL may terminate, suspend or restrict the Service, including your access to any of the Sites and your license and access to the Software and the Downloaded Content and your account, at any time without notice, or terminate this Agreement at any time without notice, if: (a) the operation or efficiency of the Service or the Sites is impaired by the use of your account or the Service; (b) any amount is past due from you to BELL; (c) there has been or is any breach of any term or condition of this Agreement; or (d) BELL suspects your account is the subject of fraud, or unlawful or improper use. BELL 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 Service or any portion thereof or with any terms, conditions, rules, policies, guidelines, or practices of BELL in operating the Service, your sole and exclusive remedy is to discontinue using the Service. You will remain liable for any amounts incurred up to and including the date of termination. BELL shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of your account or Service.

18. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT AND ANY PROMOTIONAL ITEM(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT BELL, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS MAKE NO 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, SATISFACTORY QUALITY, DESIGN, PERFORMANCE, OPERATION, RELIABILITY, STABILITY AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; AND (B) BELL, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS SPECIFICALLY MAKE NO WARRANTIES THAT THE SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT, ANY PROMOTIONAL ITEM, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE OR ANY OF THE SITES, WILL BE PROVIDED IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT, ANY PROMOTIONAL ITEM OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS, NEEDS, STANDARDS, EXPECTATIONS OR DESIRED SPECIFICATIONS. YOU BEAR THE ENTIRE RISK AS TO THE USE, AVAILABILITY, ACCURACY, QUALITY, PERFORMANCE, RELIABILITY AND TIMELINESS OF THE SERVICE, THE SITES, THE SOFTWARE AND THE DOWNLOADED CONTENT.

19. Limitation of Liability.

OTHER THAN THE REMEDY SET OUT BELOW IN THIS SECTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BELL, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES CAUSED BY MISTAKES, OMISSIONS, TERMINATION, SUSPENSION, LOSS OF DATA, DAMAGE TO COMPUTER SYSTEMS AND EQUIPMENT OR OTHER PROPERTY, ERRORS, DEFECTS, VIRUSES, SYSTEM DOWN TIMES, SERVICE INTERRUPTIONS, RELIANCE ON, USE OF OR INABILITY TO USE, ANY FAILURE OF PERFORMANCE WITH RESPECT TO THE SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT OR ANY PROMOTIONAL ITEM, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, THE SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT OR ANY PROMOTIONAL ITEM, REGARDLESS OF WHETHER BELL HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, BELL IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH RESULTS DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, THE SERVICE, THE SITES, THE SOFTWARE, THE DOWNLOADED CONTENT OR THE PROMOTIONAL ITEMS, BELL’S LIABILITY WILL BE LIMITED TO DIRECT DAMAGE WHICH IN NO EVENT WILL EXCEED FIFTY DOLLARS ($50).

20. Indemnity.

You agree to defend, indemnify and hold harmless BELL and each of its affiliates, directors, officers, employees, licensors, suppliers and agents from any and all actions, liabilities, claims, proceeding, damages, settlement, penalties, costs and expenses (including without limitation reasonable legal fees and other litigation expenses), incurred by BELL or its affiliates, directors, officers, employees, licensors, suppliers and agents related to or in connection with: (a) the breach of any provision of this Agreement; (b) the use or inability to use the Service, the Sites, the Software or the Downloaded Content; (c) your, or any user of your account's violation or misappropriation of any intellectual property right or non-proprietary right of any third party; (d) use of the Service or any of the Sites; (e) placement, posting or transmission of any message, information, software or other content on or through the Service; or (f) the exercise of the license to Your Submitted Content provided by you in Section 13.

21. Ownership.

Except for the limited rights explicitly granted to you in this Agreement, all right, title, interest and intellectual property rights in and to the Service, the Sites, the Software and the Downloaded Content, and any content available through the Service and the Sites and each component thereof, are the property of BELL, and/or its licensors, suppliers and content providers and are protected by applicable copyright and/or other intellectual property laws and treaties. Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Downloaded Content as a result of downloading it. This Agreement does not grant you any rights in connection with any trade-marks of BELL or its licensors, suppliers and content providers and any unauthorized trade-mark use is strictly prohibited.

22. Trademarks.

kidsmania™, GamesMania™, Bell Internet™ and related designs and logos are trademarks of Bell Canada. All product, brand and company names and logos used on the Service, any of the Sites, the Software and/or the Downloaded Content are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service, any of the Sites, the Software and/or the Downloaded Content without the express written consent of Bell Canada or the owner of the mark, as appropriate, is strictly prohibited.

23. Territory.

The Service originates in Canada and is only to be made available for users that originate and reside within Canada.

24. Age.

You must be at least 18 years of age or older to use any of the Sites and the Service, including licensing the Downloaded Content and BELL is relying on your representation to this effect.

25. Miscellaneous.

The Agreement, any and all policies or practices referenced herein, any order form or verification of order form, any invoice terms or any additional terms and conditions applicable to the Service, the Sites, the Software or the Downloaded Content which may be provided to you or to which you may be directed in connection with the Service, the Sites, the Software or the Downloaded Content, each as they may be amended or provided to you from time to time, constitute the entire agreement between BELL and you with respect to the provision of and use of the Service, the Sites, the Software and any Downloaded Content and supersede any and all prior agreements, written or oral, with respect to the same subject matter. If there is any inconsistency between this Agreement and any other document that forms part of the entire agreement between you and BELL, the terms of this Agreement will prevail. BELL's failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute or be construed as a waiver of any right or provision. Neither the course of conduct between BELL and you nor trade practice modifies any provision of the Agreement. If any of the provisions (or parts thereof) contained in the Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. BELL is a federally-regulated undertaking and as such this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of this Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. BELL may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. You may not assign or transfer this Agreement. The parties have required that the Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

26. Contact Information.

If you have any questions regarding BELL or the Agreement, you may contact Bell Canada, Bell Internet Member Services at P.O. Box 70092, Ottawa, Ontario, K2P 2M3, by e-mail to customercare@kidsmania.ca, customercare@GamesMania.com, soutien@foulejeux.com, soutien@foulejeux-jeunesse.ca, or by calling 1-866-522-1522.