Terms Of Use

Applicable to end-users of the Love Nature subscription service in all countries except for Canada

Version 3.0 Last Updated: November 21, 2018

These Terms of Use govern your use of Love Nature™, a subscription service that provides subscribers with on-demand access to natural history and wildlife movies, television shows and other audio-visual entertainment streamed over the Internet to certain internet connected TVs, computers, tablets, mobiles and other devices (the "Love Nature™ service", "our service" or "the service").

The Love Nature™ service is provided to you by Blue Skye Entertainment Limited (“Blue Skye”), a company registered in England and Wales under company number 9641652 with its registered office at c/o McCarthy Tetrault, 26th Floor, 125 Old Broad Street, London EC2N 1AR, United Kingdom.

  1. Contractual Terms
    1. Acceptance of Terms of Use

      These Terms of Use, which include our privacy policy (which can be found at http://www.lovenature.com/privacy), govern your use of the Love Nature™ service. By using, visiting, or browsing the Love Nature™ service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Love Nature™ service. If there is a conflict between these Terms of Use and the terms of use of any third party provider that you use to subscribe to the Love Nature™ service, the third party provider terms will take precedence for the specific issues in conflict.

    2. Changes to Terms of Use

      We may need to make changes to these Terms of Use from time to time. For example, we may need to reflect updates in how the Love Nature™ services function or to account for changes in the law. You should consult these Terms of Use regularly, which are posted on the Love Nature™ website at http://www.lovenature.com and are accessible via a link within that page. In addition, you can access these Terms of Use from all Love Nature™ applications.

      If we make a material change to these Terms of Use, we will notify you by posting notice of the change on the Love Nature™ website. Material changes to these Terms shall be effective automatically 30 days after they are initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

    3. Privacy

      Personal information is subject to our Privacy Policy (which can be found at http://www.lovenature.com/privacy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices with respect to the collection, use, and disclosure of personal information.

    4. Communication Preferences

      When using the Love Nature™ service, you will receive electronic communications from Blue Skye relating to your account, as further explained in our Privacy Policy. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

  2. Membership, Free Trials and Cancellation
    1. Membership

      Your Love Nature™ membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Love Nature™ service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

    2. Free Trials

      Your Love Nature™ membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Blue Skye reserves the right, in its absolute discretion, to determine your free trial eligibility.

      We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the My Account link. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

      You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the "My Account" link at the top of any Love Nature™ web page to find cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

    3. Cancellation

      Subject to your free trial period, you provide your express consent to the immediate commencement of your subscription to the service when you submit your subscription. You acknowledge that by doing so your initial 14 day right to change your mind and cancel your order is lost. This does not affect your right to cancel your membership at any time.

  3. Billing
    1. Recurring Billing

      By starting your Love Nature™ membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee and any other charges you may incur in connection with your use of the Love Nature™ service to your Payment Method.

    2. Price Changes

      We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect no earlier than 30 days following email notice to you.

    3. Billing Cycle

      The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Love Nature™ membership or became a paying member on May 31st, your next payment date is likely to be June 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on your account settings to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

    4. No Refunds

      Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

    5. Payment Methods

      You may edit your Payment Method information by visiting support.lovenature.com If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

  4. Cancellation
  5. You may cancel your Love Nature™ membership at any time, and you will continue to have access to the Love Nature™ service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched movies or television shows. To cancel, go to your account settings on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

  6. Conditions of Service
    1. Age Requirements

      You must be 18 years of age or the age of majority in your province, state, territory or country, to become a member of the Love Nature™ service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

    2. Personal Use

      The Love Nature™ service, and any content viewed through our service, are for your personal and non-commercial use only. During your Love Nature™ membership, we grant you a limited, non-exclusive, non-transferable, licence to access the Love Nature™ service and view movies and television shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

    3. Geographic Restrictions

      You may view a movie or television show through the Love Nature™ service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or television show. The content that may be available to watch will vary by geographic location. Blue Skye will use technologies to verify your geographic location. The Love Nature™ service is not available in the United States.

    4. Device Limitations

      The number of devices on which you may simultaneously watch is limited. Go to the FAQ page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

    5. Service Changes

      We continually update the Love Nature™ service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and television shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

  7. Conduct
  8. In order for us to keep the Love Nature™ service safe and available for everyone to use, we all have to follow the same conduct rules. You and other users must use the Love Nature™ service for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is essential. You agree that you will not use the Love Nature™ service in a way that:

    1. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
    2. uses technology or other means to access, index, frame or link to the Love Nature™ service that is not authorized by Blue Skye (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Love Nature™ service);
    3. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    4. damages, disables, overburdens, impairs, or gains unauthorized access to the Love Nature™ service, including Blue Skye's servers, computer network, or user accounts;
    5. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Love Nature™ service;
    6. uses the Love Nature™ services to advertise or promote services that are not expressly approved in advance in writing by Blue Skye;
    7. collects information in violation of Blue Skye's Privacy Policy;
    8. encourages conduct that would constitute a criminal offense or give rise to civil liability;
    9. violates these Terms of Use or any or policies posted by Blue Skye;
    10. interferes with any other party's use and enjoyment of the Love Nature™ service; or
    11. attempts to do any of the foregoing.

    If Blue Skye determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Love Nature™ service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Love Nature™ service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

  9. Streaming Quality
  10. The availability of movies and televisions shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies and television shows may vary from computer to computer, and 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. HD and 4K availability is subject to your Internet service and device capabilities. Not all content is available in HD or 4K and not all plans allow you to receive HD or 4K content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive 4K content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Blue Skye makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or television show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or television show you have selected and the configuration of your device.

  11. Streaming Software
  12. Love Nature™ streaming software is developed by, or for, Blue Skye and is designed to enable streaming of content from Blue Skye through Internet ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you acknowledge and agree to the end user licence agreement and to receive, without further notice or prompting, updated versions of the Blue Skye and related third-party software. If you do not accept the foregoing terms, do not use our service. We do not take responsibility or otherwise warrant the performance of these devices, including the continuing compatibility of the device with our service. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Love Nature™ service. If your device is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the Love Nature™ service through your account and may be able to access certain of your account information.

  13. Passwords and Account Access
  14. The member who created the Love Nature™ account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Love Nature™ account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

    In order to provide you with ease of access to your account and to help administer the Love Nature™ service, Blue Skye implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Love Nature™ service, which includes accessing via devices or website. This technology employs cookies, a small text file containing a unique identification number that is transferred (through your browser) from a web site to the hard drive of your computer or device. The use of cookies is further described in our privacy policy, the terms of which are incorporated herein.

    You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Love Nature™ website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Blue Skye reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Blue Skye is not obligated to credit or discount a membership for holds placed on the account by either a representative of Blue Skye or by the automated processes of Blue Skye.

  15. Disclaimers of Warranties and Limitations on Liability
  16. THE LOVE NATURE™ SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LOVE NATURE™ SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BLUE SKYE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LOVE NATURE™ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLUE SKYE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE SKYE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  17. Intellectual Property
  18. The Love Nature™ service, including all content provided on the Love Nature™ service, is protected by copyright, trade secret or other intellectual property laws and treaties. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Love Nature™ service, please notify us by using the “Contact Us” link available at http://www.lovenature.com.

    Love Nature™ is a trademark of Blue Ant Media Solutions Inc., used under licence.

  19. Governing Law
  20. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

  21. Third Party Applications
  22. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Love Nature™ service. These Applications may import data related to your Love Nature™ account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Blue Skye is not responsible for such Applications. Such applications are owned or operated by third parties that are not related to with or sponsored by Blue Skye and may not be authorized for use with our service in all countries. Use of an application is at your own option and risk.

  23. Use of Information Submitted
  24. Blue Skye is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Love Nature™ service, including the Love Nature™ website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Love Nature™ service. In addition, you agree not to enforce any moral rights in and to the Feedback, to the extent permitted by applicable law.

    Please note Blue Skye does not accept unsolicited materials or ideas for movies or television shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Blue Skye. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Blue Skye and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  25. Severability
  26. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Terms and Conditions

Applicable to end-users of the Love Nature website in all countries except for Canada

Last Updated: November 21, 2018

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A BLUE SKYE SITE OR BLUE SKYE SERVICE.

  1. Introduction
  2. Welcome to the Internet websites of Blue Skye Entertainment Limited ("Blue Skye”), a company registered in England and Wales under company number 09641652 with its registered office at c/o McCarthy Tetrault, 26th Floor, 125 Old Broad Street, London EC2N 1AR, United Kingdom.

    These Terms and Conditions apply to all Blue Skye Internet sites which reference these Terms and Conditions. These include www.community.lovenature.com (a "Blue Skye Site"). By using a Blue Skye Site, or any product or service (collectively the "Services" or the "Blue Skye Services") available on a Blue Skye Site, 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 Blue Skye Site or Service, all as may be modified by Blue Skye from time to time in its sole discretion (collectively the "Terms and Conditions"). For clarity, your use of Love Nature™, a subscription service that provides subscribers with on-demand access to natural history and wildlife movies, television shows and other audio-visual entertainment streamed over the Internet to certain internet connected TVs, computers, tablets, mobiles and other devices, is governed by the Terms of Use specific for that service.

    If you do not agree with these Terms and Conditions, you may not use a Blue Skye Site or any of the Services on a Blue Skye Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of a Blue Skye Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.

  3. Site Registration and Security
  4. Certain of the services and related features that may be made available on a Blue Skye Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to 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 or subscription on a Blue Skye Site and (b) all activities that occur under such password or account. Further, you agree to notify us as soon as possible as soon as you become aware of any unauthorized use of your password or account. Blue Skye 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.

  5. Site Content
    1. Restrictions on Use of Materials
    2. All material, information and content (collectively "Content") available on a Blue Skye Site, including without limitation the manner in which such Content is presented, and the Blue Skye Services are owned by Blue Skye, its affiliates and/or licensors and all rights are reserved. The Content and the Blue Skye Services (and the intellectual property rights contained therein) are protected by U.K. and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through a Blue Skye Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Blue Skye.

    3. Trade-Marks
    4. Love Nature and all associated designs and logos are used under license. All other product, brand and company names and logos used or mentioned on a Blue Skye Site or any Blue Skye Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Blue Skye Site or any Blue Skye Service without the express written consent of the owner of the trade-mark is strictly prohibited.

    5. Links
    6. Please note that certain links on a Blue Skye Site may take you to other websites. Blue Skye provides these links only as a convenience and not as an endorsement by Blue Skye. These linked sites are not necessarily under the control of Blue Skye If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Blue Skye is not responsible for the content of any such linked sites or any other web page which is not part of a Blue Skye Site and under Blue Skye's control. Unless otherwise expressly provided, Blue Skye makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Blue Skye will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Blue Skye Site.

      You may link to the pages on our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and our sites must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact support@lovenature.com.

  6. Site Conduct
    1. Legal Compliance and Monitoring
    2. In consideration of the availability, and your use, of a Blue Skye Site or any Blue Skye Service, you agree to comply with all applicable laws and these Terms and Conditions when using such site or service. You acknowledge that Blue Skye has no obligation to monitor a Blue Skye Site or any content accessible through a Blue Skye Site or any Blue Skye Service. However, you agree that Blue Skye has the right to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Blue Skye Site or any Blue Skye Service properly, or to protect itself or its users and customers in accordance with the Blue Skye Privacy Policy.

    3. Prohibited Conduct
    4. You agree not to:

      1. post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Blue Skye Site or any Blue Skye Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Blue Skye Site, any Blue Skye Service or the Internet;
      2. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
      3. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
      4. post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
      5. misuse or attach a Blue Skye Site, or attempt to gain unauthorised access to a Blue Skye Site, the server on which a Blue Skye Site is stored or any server, computer or database connected to a Blue Skye Site
    5. Forum Conduct
    6. By uploading materials to any chat board or forum available on a Blue Skye Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting service on a Blue Skye Site, you automatically grant (or warrant that the owner of such materials expressly grants) Blue Skye a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

      Blue Skye is not responsible for the content or accuracy of any information on the Forums, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum, or do not comply with the these Terms and Conditions. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Blue Skye reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

    7. Third Party Dealings
    8. You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Blue Skye Site or any Blue Skye Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Blue Skye assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

  7. Submission of Ideas of Content
  8. Blue Skye is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Blue Skye be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Blue Skye, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Blue Skye that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Blue Skye is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Blue Skye, without obtaining permission or license from you or any third party.

  9. Subscription Services
  10. Certain of the Services made available on a Blue Skye Site may be offered by Blue Skye on a payment basis (a "Pay Service"). Pay Services may be offered by Blue Skye on a single download basis, prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process and you shall be bound by the Terms of Use of such Pay Service.

  11. Responsibility for Minors
  12. In cases where you have authorized a minor under the age of 18 to use a Blue Skye Site or any Blue Skye Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Blue Skye Site may contain material that is inappropriate for minors.

  13. Disclaimers
    1. General Disclaimer
    2. You expressly understand and agree that: (a) a Blue Skye Site and any Blue Skye Service are provided on an "as is" and "as available" basis and that Blue Skye makes no warranties, representations or conditions (together referred to as "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, and that any such warranties are hereby expressly disclaimed to the maximum effect permitted by law, and (b) Blue Skye specifically makes no warranties that a Blue Skye Site or any Blue Skye Service, including without limitation any content, information, products or services obtained from or through the use of a Blue Skye Site or any Blue Skye Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.

    3. General Disclaimer
    4. The Blue Skye Sites may make available certain information provided by third parties related to various professional fields (the "Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Blue Skye Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Blue Skye, including without limitation 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 Professional Information.

  14. Privacy
  15. Blue Skye respects the privacy of all of its users and customers and is committed to protecting their privacy. Our Privacy Policy specifies how user information is collected, used and disclosed by us in connection with your use of a Blue Skye Site and any of the Blue Skye Services.

  16. Limitation of Liability
  17. Nothing in these Terms and Conditions shall exclude or limit any person's liability for death or personal injury caused by its negligence, or any person's liability for fraud.

    SUBJECT TO THE FOREGOING IN THIS CLAUSE 11, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE SKYE, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BLUE SKYE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE BLUE SKYE SERVICES OF A BLUE SKYE SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A BLUE SKYE SITE OR ANY OF THE SERVICES.

    You expressly acknowledge that Blue Skye has entered into this agreement, and has or may make a Blue Skye Site, Content and Blue Skye Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Blue Skye You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

  18. Indemnification
  19. You agree to defend, indemnify and hold harmless each of Blue Skye, its shareholders, affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Blue Skye Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Blue Skye Site, Blue Skye Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Blue Skye Site or through any Blue Skye Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  20. Termination
  21. You acknowledge and agree that Blue Skye, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Blue Skye Site or any Blue Skye Service, and remove and discard any information or content related to a Blue Skye Site or any Blue Skye Service (and your use thereof), for any reason, including where Blue Skye believes that you have violated any of these Terms and Conditions. You further agree that Blue Skye 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 a Blue Skye Site or any Blue Skye Service or with any terms, conditions, rules, policies, guidelines, or practices of Blue Skye in operating a Blue Skye Site or any Blue Skye Service, your sole and exclusive remedy is to discontinue using a Blue Skye Site or any Blue Skye Service.

  22. Jurisdiction
  23. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

  24. Contact
  25. To contact Blue Skye in connection with these Terms and Conditions or the Blue Skye sites, write to us at:

    Blue Skye Entertainment Limited c/o McCarthy Tetrault, 26th Floor, 125 Old Broad Street, London EC2N 1AR, United Kingdom.

    Or e-mail us at legal@blueantmedia.com.

  26. General Provisions
  27. This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Blue Skye and you pertaining to your use of a Blue Skye Site, a Blue Skye Service and Content and supersedes any prior agreements between you and Blue Skye with respect to the subject matter hereof. Blue Skye's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions 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. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

TERMS OF USE

Applicable to end-users in Canada

(Last modified on November 21, 2018)

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.

  1. Introduction, Definitions, Modifications and Acceptance
  2. Welcome to the Love Nature™ Application, Website and Services. We are confident that you will find the Services educational and entertaining. These Terms of Use (the “TOU”) cover several different situations, so please refer to the following definitions for clarification:

    “Application” refers to the application created and owned by Blue Ant Media which is used to access the Services in various operating environments. Application also includes any Application updates and upgrades that Blue Ant Media may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate Terms of Use. The Application may be specified as for use in a certain operating environment, for example the “iOS Application” for use on an Apple iOS Device.

    Blue Ant Media” refers to Blue Ant Media Inc., and / or its affiliates and subsidiaries and their respective employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Blue Ant Media. In these TOU, a Services user may be referred to as “you”. When a Services user has created an account and is logged in, they may be referred to as a “Logged-in User”.

    “Device” refers to the handheld, tablet or other internet-connected device onto which you downloaded the Application or where the Application was pre-installed, and are using the Services.

    “Services” are the Subscription Video on Demand (SVOD) services that Blue Ant Media provides to you that allow you to view natural history and wildlife movies, television shows and other audio-visual entertainment. The Services are available on the Website or through the Application.

    “Website” includes the website located at http://lovenature.com which is owned and operated by Blue Ant Media, and includes all subdomains, present and future.

    Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

    By using the Services, or downloading, using or accessing the Application on your Device in any capacity, you hereby accept to be bound by these TOU without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services. If you have downloaded the Application and do not agree to all the provisions of the TOU, you must delete the Application (where possible) from your Device. The TOU are a legal and binding agreement between you and us.

    Your use of the Services is also governed by the Terms of Service of our third-party video services provider, Simplestream which can be accessed here.

    If you are using the Services on the Website, please note that your general use of the Website at http://lovenature.com and its subdomains is governed by a separate Terms of Use, which can be accessed here. These TOU govern only your use of the Services.

    In the context of the Application, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.

    Blue Ant Media reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, you will be notified upon logging in to the Services or via email.

    The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services.

    If you have any questions about the TOU, please contact:

    feedback@blueantmedia.ca

    or:

    Blue Ant Media Inc.
    130 Merton Street, Suite 200
    Toronto, Ontario
    M4S 1A4

  3. General Code of Conduct for Use of the Services
  4. By using the Services, you agree to:

    1. Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted by Blue Ant Media;
    2. Not use the Services in any manner that violates any intellectual property rights of Blue Ant Media or any third party;
    3. Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
    4. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Blue Ant Media or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Blue Ant Media, other Services users, or any other third party;
    5. Not: (1) take any action that imposes or may impose (as determined by Blue Ant Media in its sole discretion) an unreasonable or disproportionately large load on Blue Ant Media’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted through the Services; (3) bypass any measures Blue Ant Media may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Application; or (5) harvest or scrape any content from the Website or Application in an unreasonable manner;
    6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
    7. Not use the Services to advertise or promote services that are not expressly approved in advance in writing by Blue Ant Media;
    8. Not use the Services to in any way collect information (whether Personal or not) of any third party or in violation of Blue Ant Media's Privacy Policy;
    9. Not interfere with any third party’s use or enjoyment of the Services;
    10. Not encourage conduct that would constitute a criminal offense or give rise to civil liability;
    11. Not attempt to do any of the foregoing prohibitions;
    12. Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
  5. Use of the Application
    1. The Application is licensed, not sold. Blue Ant Media grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install (where the Application is not pre-installed) and use the Application solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or any other Terms and Conditions applicable to your Device.
    2. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
    3. You agree that you are solely responsible for (and that Blue Ant Media has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which Blue Ant Media may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility.
  6. Privacy Policy and Permissions for the Application
    1. Our Privacy Policy explains how Blue Ant Media treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use the Services. By installing, accessing or using the Application or using the Services you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.
    2. By installing, accessing or using the Application or using the Services, you consent to those information collection and usage terms.
    3. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and developed by third parties. These are known as permissions, and you agree that Blue Ant Media has the right to access third-party computer code on the Device in this manner and as described in the Privacy Policy.
  7. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements
    1. You acknowledge and agree that (i) these TOU are concluded between you and Blue Ant Media only, and not Apple, and (ii) Blue Ant Media, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
    3. Apple will have no warranty obligation whatsoever with respect to the Application. As between Blue Ant Media and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Blue Ant Media, or as further specified and limited hereinafter.
    4. You and Blue Ant Media acknowledge that, as between Blue Ant Media and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    5. You and Blue Ant Media acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Blue Ant Media, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 3 above and elsewhere in these TOU.
    6. You and Blue Ant Media acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOU as related to your license of the Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the Application against you as a third-party beneficiary thereof.
    7. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. Without limiting any other of these TOU, you must comply with all applicable third party terms of agreement when using the Application.
    9. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Blue Ant Media, its affiliates, and their respective shareholders, officers, directors, employees, agents, subcontractors, partners, principals, representatives, successors and assigns (collectively “Representatives”) shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
  8. Accounts and Membership
    1. Accounts
    2. In order to use the Services, you are required to have Internet access and create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions as outlined elsewhere in these TOU. The information required to create an account is the following: a valid email address. This submitted information may be referred to in the present TOU or the Privacy Policy as “Account Information”.

      If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Blue Ant Media and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

      Blue Ant Media reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more further described hereinbelow.

    3. Age Requirements
    4. You must be 18 years of age or the age of majority in your province, state, territory or country, to create an account and use the Services. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these TOU.

    5. Membership
    6. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Services. Once you have submitted this Payment Method information (which may be referred to as “Billing Information” in these TOU or the Privacy Policy), you can be said to have a “Membership” to the Services. Your Membership, which may start with a free trial, will continue month-to-month unless and until you cancel your Membership or we terminate it, as more fully described further in these TOU.

  9. Use of the Services and Streaming
    1. Personal Use
    2. The Services, and any content viewed through the Services, are for your personal and non-commercial use only. During your Membership, we grant you a limited, non-exclusive, non-transferable, licence to access the Services and view movies and television shows through the Services on a streaming-only basis for that purpose. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances.

    3. Device Limitations
    4. The number of Devices on which you may simultaneously watch is limited. Go to the FAQ page to see the number of Devices on which you may simultaneously watch. The number of Devices available for use and the simultaneous streams may change from time to time at our discretion.

    5. Services Changes
    6. We continually update the Services, including the content library. In addition, we continually test various aspects of the Services, including our Website and Application, user interfaces, service levels, plans, promotional features, availability of movies and television shows, delivery and pricing. We reserve the right to, and by using the Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Services.

    7. Streaming Quality
    8. The availability of movies and televisions shows to watch may change from time to time. The quality of the display of the streaming movies and television shows may vary from computer to computer, and 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. HD and 4K availability is subject to your Internet service and Device capabilities. Not all content is available in HD or 4K and not all plans allow you to receive HD or 4K content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive 4K content, which is defined as resolution greater than 1080p. You are responsible for all Internet access or wireless service charges associated with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges. Blue Ant Media makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or television show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or television show you have selected and the configuration of your Device.

    9. Streaming Software
    10. The streaming software used in the Services is developed by, or for, Blue Ant Media and is designed to enable streaming of content from Blue Ant Media through Internet-ready devices. This software may vary by Device and operating environment, and functionalities may also differ between Devices. By using the Services, you acknowledge and agree to the EULA of the streaming softwsre and to receive, without further notice or prompting, updated versions of the Blue Ant Media and related third-party software. If you do not accept the foregoing terms, do not use the Services. We do not take responsibility or otherwise warrant the performance of these Devices, including the continuing compatibility of the Device with the Services. By using the Services, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Services. If your Device is sold, lost or stolen, please deactivate the Device. If you fail to log out or deactivate your Device, subsequent users may access the Services through your account and may be able to access certain of your Personal Information. Blue Ant Media and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to deactivate your Device and accessing your account through any means, and disclaims any responsibility in this regard.

  10. Free Trials, Billing and Related Terms, Cancellation and Refunds
    1. Free Trials
    2. Your Membership may start with a free trial. The free trial period of your Membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Blue Ant Media reserves the right, in its absolute discretion, to determine your free trial eligibility.

      We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your Membership unless you cancel prior to the end of the free trial period. To view the specific details of your Membership, including monthly membership price and end date of your free trial period, visit the Website and click the My Account link. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

      You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the "My Account" link at the top of the Website to find cancellation instructions. We will continue to bill your Payment Method on a monthly basis for the fees payable to continue your Membership (the “Membership Fee”) until you cancel, as more fully described hereinbelow.

    3. Billing and Recurring Payments
    4. By starting your Membership and providing or designating a Payment Method, you authorize us to charge you the Membership Fee and any other charges you may incur in connection with your use of the Services to your Payment Method.

      The Membership Fee will be billed at the beginning of the paying portion of your Membership and each month thereafter unless and until you cancel your Membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying Membership. Membership Fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership or became a paying member on May 31st, your next payment date is likely to be June 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit the Website and click on the "My Account" link see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of Membership or service-related charges. As used in these TOU, "Billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

    5. Payment Methods
    6. You may edit your Payment Method information by visiting the My Account section on the Website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" section below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    7. Prices
    8. All prices are listed in US dollars, or Canadian dollars if you are in Canada, though you will be billed the equivalent in US dollars. Blue Ant Media reserves the right to adjust pricing for the Membership Fee or any components thereof or other fees in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these TOU, any price changes will take effect no earlier than 30 days following email notice to you.

    9. Payment Processing
    10. All Membership Fees paid through the Services are processed using a secure https:// connection, and payment processing is handled through the online payment processor Stripe. Stripe currently accepts certain credit cards as payment options which may vary depending on your country of origin, but these are subject to change without notice. Once transactions are accepted by Stripe, they are processed in accordance with Stripe’s program rules and procedures and Terms of Use. Blue Ant Media and Stripe are unaffiliated companies and Blue Ant Media has no influence on the operations of Stripe. Blue Ant Media and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of Stripe.

    11. Cancellation
    12. Subject to your free trial period, you provide your express consent to the immediate commencement of your subscription to the Services when you submit your subscription order OR which allows you to access the Services and stream our content. This does not affect your right to cancel your membership at any time as described in the next paragraph.

      You may cancel your Membership at any time, and you will continue to have access to the Services through the end of your monthly billing period. We do not provide refunds or credits for any partial-month Membership periods or unwatched movies or television shows. To cancel, go to the "My Account" link on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click the "My Account" link on the Website.

    13. No Refunds
    14. Payments for Membership Fees are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

  11. Proprietary Rights
    1. Intellectual Property Rights
    2. You acknowledge that: (a) the Application and Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Blue Ant Media and/or third parties own all right, title and interest in and to the Application and Website and content that may be presented or accessed through the Application and Website, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application. All rights not specifically granted under these TOU are reserved to Blue Ant Media and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

      You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application or Website, or content that may be presented or accessed through the Application or Website for any purpose, unless otherwise permitted by these TOU; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Application or Website; or (iii) remove, obscure, or alter Blue Ant Media’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application or Website.

      The content, arrangement and layout of the Website and Application, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Blue Ant Media, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Blue Ant Media, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Application, Computer Code, images, logos, videos, audio or trademarks found in the Website or Application or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Blue Ant Media may take action accordingly.

      The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

    3. Submitted Information
    4. If you choose to communicate to Blue Ant Media (via any means) suggestions for improvements to the Services (collectively, “Feedback”), Blue Ant Media shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Blue Ant Media and waive in favor of Blue Ant Media, its successors and assigns all your moral rights in the Feedback, and agree to provide Blue Ant Media such assistance as Blue Ant Media may require to document, perfect, and maintain Blue Ant Media’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Blue Ant Media, you are not entitled to any compensation or reimbursement of any kind from Blue Ant Media under any circumstances.

      Please note Blue Ant Media does not accept unsolicited materials or ideas for movies or television shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Blue Ant Media. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Blue Ant Media regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

    5. Trademark Notices
    6. Apple, iOS, iPhone, iPad, Apple TV and the Apple logo are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc. Love Nature is a registered trademark of Blue Ant Media.

  12. Interruption of Service
  13. From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Website, Application or Services. While we will endeavour to make this unavailability as brief as possible, Blue Ant Media and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

  14. Termination of the Services and the TOU
  15. You agree that Blue Ant Media, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, withdraw your account credentials or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Blue Ant Media believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy.

    Blue Ant Media may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Blue Ant Media shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Blue Ant Media’s termination of the Services, or any part thereof.

    You may also choose to terminate your access to the Services by cancelling your account. If you wish to cancel your account, please visit the My Account link while a Logged-in User.

    Termination of the Services or your access to the Services shall terminate the present TOU as between you and Blue Ant Media. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

  16. External Links
  17. From time to time Blue Ant Media may provide links to other websites or services. Links from the Website or Application may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. Blue Ant Media provides those links as a convenience to you and Blue Ant Media takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Blue Ant Media does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

    In no way will Blue Ant Media or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

  18. Disclaimer of Warranties
  19. You expressly understand and agree that your use of the Services, the information or material thereon (whether provided by Blue Ant Media or third parties) or any activity arising from your use of the Services or the information thereon or the materials streamed or downloaded therefrom (including but not limited to video content) is at your sole risk. The Services, any materials downloaded or streamed therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or Device or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Services, the information thereon, any materials downloaded or streamed therefrom, or (ii) any activity arising from the use of the Services or the information thereon or any materials downloaded or streamed therefrom.

    The information or resources provided through the Services, written or produced by Blue Ant Media staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Blue Ant Media shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or Application or through the Services.

    Blue Ant Media expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded or streamed therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Blue Ant Media, and its Representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services, or any activity arising therefrom, or any content downloaded or streamed therefrom will meet your requirements.

  20. Limitation of Liability
  21. Blue Ant Media shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Services or downloaded or streamed therefrom, the use of the Services, activities arising from your use of the, or any third-party materials on the Website or Application or available through the Services.

    To the maximum extent permitted by law, in no event will Blue Ant Media or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Services or your use, misuse or inability to use the Services, even if Blue Ant Media has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

    Notwithstanding anything to the contrary in the TOU, in no event will Blue Ant Media’s aggregate liability for any claims in connection with your use of the Services exceed the lesser of (i) CAD$ 100 and (ii) the total amount of fees paid by you over the past 6 (six) months.

  22. Indemnity
  23. Notwithstanding any other term of the TOU or any act or failure to act by Blue Ant Media or its Representatives, you agree to indemnify, defend and hold harmless Blue Ant Media and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information thereon or information or materials downloaded or streamed therefrom; (ii) your participation in any activities arising from the Services or the information thereon or information or materials downloaded or streamed therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

  24. Governing Laws and Jurisdiction
  25. These TOU, and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Blue Ant Media shall be brought exclusively in the courts located in Toronto, Ontario, Canada. Notwithstanding the foregoing, Blue Ant Media shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Toronto court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Toronto court.

  26. Miscellaneous Provisions
    1. The TOU, in conjunction with the Privacy Policy, and the Terms of Service and Privacy Policy of Simplestream constitute the entire agreement between you and Blue Ant Media with respect to your use of the Services, superseding any prior agreements between you and Blue Ant Media, its predecessors, affiliates or subsidiaries. When you download the Application, you are also subject to the Terms of Service and Privacy Policy of the application distribution system you used to download the Application (e.g. iOS App Store), hereinafter “Third-Party Application Distributor”. We strongly suggest reading those documents prior to installing the Application. Blue Ant Media shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Service and / or Privacy Policy of any Third-Party Application Distributor when downloading and / or using the Application. If you choose to bypass the Third-Party Application Distributor and download the Application, you have violated these TOU and are barred from using the Application. Without limiting the generality of Disclaimers and Limitation of Liability sections elsewhere in these TOU, in no way shall Blue Ant Media and its Representatives be responsible for your use of the Services or any actions or damages (pecuniary or otherwise) arising from your use of the Services if you have bypassed the Third-Party Application Distributor.
    2. Blue Ant Media shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Blue Ant Media’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
    3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
    4. The failure of Blue Ant Media to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Blue Ant Media.
    5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.