Please read the following Terms and Conditions carefully. The following Terms and Conditions are in addition to FIDO SOLUTIONS INC. (“Fido”) Fido Terms and Conditions
, which can be found at the link on our Web site.
You will be charged for your purchase of a video clip on your next invoice or have it deducted immediately from your prepaid account balance at set rates. The only exception to price is if Fido has priced a particular video clip download as free of charge. Applicable taxes will be added to your purchase price.
The following are required for service: a video-enabled handset, a subscription to a Fido monthly package or an available prepaid account balance, and text messaging enabled in your account. You can only receive video clip downloads within Fido's coverage areas, whether on GPRS data networks
You will be charged for browsing and a 75¢ download fee, plus applicable taxes, for all data traffic related to ordering and receiving a video clip download.
Each handset can only store a limited number of video clips. If you purchase a video clip and your handset memory is full, you will be charged for the download, it will be delivered to your handset, but you will have to delete one of your existing video clips to store the new item.
Fido cannot guarantee delivery of a video clip at any given time since our delivery methods use a combination of public, corporate and private networks, over which we have no control.
You can only store a video clip purchased through Fido on the designated handset, and cannot forward, sublicense or disseminate such video clip to another recipient directly from the handset.
If you order a video clip and your handset is not compatible, you will still be charged even if the handset cannot play the video clip. See the list of compatible handsets. Certain types of video clips may only be used with certain handset models. You will be charged for your video clip purchase when you download the video clip, even if you choose to discard it. We do not guarantee that your handset will reproduce the video clip accurately.
Text Message Communications
Fido may send you text message communications pertaining to the video clips, as well as to offers that Fido believes may be of interest to you, and you hereby consent to receive such text message communications. You can choose to unsubscribe from the offer portion of the text message communications by calling Fido Customer Service at 1 888 481-FIDO (3436).
When you request your first video clip download, you will automatically be registered for the video clip download service and, by continuing to download video clips, you agree to be bound by these terms and conditions.
Disclaimer regarding Third Party Content
Fido exercises no control over content, Web pages, or sites not provided by Fido. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on such content rests with you. You further agree that Fido shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
You acknowledge and agree that Fido, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to any of the video clips, and remove and discard any information or content related to such video clips and your use thereof, for any reason, including where Fido believes that you have violated any of the Terms and Conditions. You further agree that Fido 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 any of the video clips or with any terms, conditions, rules, policies, guidelines, or practices of Fido in operating the video clip service, your sole and exclusive remedy is to discontinue using the service.
You agree to defend, indemnify and hold Fido, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable legal fees, related to or in connection with your, or any user of your account's: (a) violation of these terms and conditions, or (b) use of the video clips.
All product, brand and company names and logos used in connection with the video clips are the trademarks or registered trademarks of Fido (or its suppliers or third-party licensees). Any use of any of the marks appearing in connection with the video clips without the express written consent of Fido or the owner of the mark, as applicable, is strictly prohibited.
The video clips originate in Canada and are only intended for use in Canada.
Fido may modify these terms and conditions at any time, such modifications becoming effective immediately upon posting of the modified Terms and Conditions on the www.fido.ca Web site