Terms & Conditions
2. Use of our Services
HortusTV grants you a non-exclusive, non-transferable, non-sublicenseable, limited right to access the HortusTV service and view series on a streaming-only basis and to use its Website and the materials provided hereon, provided that you comply fully with this Agreement.
The HortusTV Website and Service is only available in Canada and the USA, to those who have subscribed to the service. Even if you are a subscriber, you will not be able to access and/or view the HortusTV Website while outside Canada or the USA.
The contents of this Website are only for your single, personal, non-transferable and noncommercial use, during the term of your subscription. In accessing our Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You acknowledge that you do not acquire any ownership rights in the Service or Content by accessing it. All use is subject to the terms and conditions set forth in this Agreement and may be terminated by HortusTV as set forth in this Agreement.
5. Intellectual Property Rights
Please respect copyright.
All content on the HortusTV Website, (including and without limitation text, images, software, information, data, documents, graphics, logos, designs, pictures, photographs, audio and video clips, databases, videos, widgets, interactive features, services or materials (or any part of them)) and accessible on our Services is protected by copyright, trade marks, and other intellectual property rights and is owned by or licensed to HortusTV or is otherwise used by us as permitted by applicable law. Any and all use of them is prohibited.
You agree not to use any trademarks, names, logos to be found on the HortusTV website in a manner likely to cause confusion, or in a manner that implies that HortusTV or any content providers and producers for the HortusTV website are affiliated with you, or sponsor you or are otherwise connected to your own activities, products and services provided by third parties —whether personal or commercial.
6. Consent to receive email
We need to be able to contact you. By subscribing to HortusTV you consent to receiving email (electronic communication) regarding your account. These emails may refer to your account payment, authorization or other account activity and will be sent to the email address on your account. You agree that any such communications sent to you electronically will satisfy any legal communication requirements. It is your responsibility to keep copies of Notices and Agreements regarding your account.
You also consent to receiving regular electronic messages from HortusTV, such as promotional announcements, surveys, special offers and newsletters.
7. Membership Eligibility
By completing the registration procedures displayed on the HortusTV sign up page, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the sign up form available on our Website and (b) you are obliged to maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Service (or any portion thereof).
HortusTV’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Registration, subscription, access to and use of the Website and the Service are not available to users under the age of 18 and are void where prohibited by applicable law.
You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You must be 18 years of age, or the age of majority in your province or territory, to subscribe to HortusTV.
If you are under 18 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our Service.
HortusTV may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
HortusTV provides a service that allows subscribers to access and view videos on a streaming-only basis. This service is for your personal and non-commercial use only and it is not to be used for any public performances. Access to HortusTV content is granted to you through a limited, non-exclusive non-transferable license. Apart from this limited license, you have no right, title or interest in the content and none is transferred to you.
HortusTV will only be available to subscribers in the country where they have established their account, due to licensing restrictions. Content will be geo-blocked and locations of subscriber accounts verified through several technologies to ensure compliance with our license obligations and commitments.
The quality and availability of your HortusTV service is dependent upon the quality of the device (computer, tablet or mobile phone) you use to access the Website as well as your Internet connection. Both must meet the minimum technical requirements necessary to stream HortusTV’s available content.
HortusTV’s content will be streamed using Real Time Messaging Protocol (RTMP) and HTTP Live Streaming (HLS). The device used to access the website and view the videos must accept either RTMP or HLS. Devices that do not work with either of these delivery methods will not be able to play the videos from HortusTV.com.
The number of devices you are able to use to access HortusTV is limited, as is the number of individuals who may watch simultaneously from different devices.
We are always updating the HortusTV library of available content and will have a variety of newer videos as well as some vintage content. Some of the available content is not in HD (high definition). This SD (standard definition) content will not have the same quality of display as HD content. Also, the quality of display may vary depending on your device’s available bandwidth and the speed of your Internet connection and service.
HortusTV makes no representations or warranties about the quality of your viewing experience on your device’s display. HortusTV’s service is provided over the Internet and as a consequence you may experience loss of connection/service, rebuffering and or video/audio dropouts. Also, having sufficient download speed to enjoy optimum display is your responsibility, as are any applicable charges and fees associated with your Internet usage. Check with your Internet service provider to confirm and clarify any additional charges you may incur for Internet usage.
You acknowledge and agree to use HortusTV’s service in accordance with all applicable laws, rules, regulations and restrictions on the service and content we provide. Any archiving, sharing, downloading, modification, sales, licensing or sub-licensing, public performance, distribution, publication is prohibited without prior express written permission from HortusTV and its content licensors.
Additionally, you acknowledge and agree to not circumvent any of the Digital Rights Management (DRM) used by HortusTV’s service and on its website, to use any robot, spider or automated digital means to access HortusTV or to use any data extraction or software virus or code or mining method to interfere in any way with HortusTV’s service. You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services.
HortusTV reserves the right in our sole and absolute discretion to modify or terminate the HortusTV service for any reason, without notice, at any time.
9. Free Trial Period
Visitors are only permitted to access HortusTV’s services for a limited time on a Free Trial basis. Full access to HortusTV is available only to Paid Subscribers. The Free Trial period lasts for 10 days, or as otherwise specified during sign-up. Free trials are for new and certain former members only. HortusTV reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period.
HortusTV will not notify you when your Free Trial period has ended and the Paid Subscription period has commenced.
10. Subscription and Billing
For your subscription fee you will have unlimited access to over 300 videos in our ever-growing library, many of which are exclusive to HortusTV, as well as additional videos which will be added every few months. You may watch anytime by streaming to your computer, tablet or mobile phone. (Only devices able to accept Real Time Messaging Protocol (RTMP) or HTTP Live Streaming (HLS) will be able to play the videos from HortusTV.com)
If you wish to subscribe to HortusTV you must sign up on the Website and complete the registration procedure on the Website and pay the required Subscription Fee.
Access to and use of HortusTV is subject to a subscription fee. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize HortusTV to charge your credit card for the then-applicable subscription fee.
Fees will be charged in Canadian Dollars. All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, provincial, territorial, municipal or other governmental authority, all of which taxes you are required to pay. Taxes will be applied at time of payment.
By signing up for a subscription with HortusTV and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the HortusTV service to your Payment Method. We may authorize your Payment Method for up to one month of service when you sign up. This may reduce your credit limit or available balance to reflect the authorization during your free trial period.
We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Membership fees are fully earned upon payment.
The subscription fee for HortusTV will be billed one month in advance, or 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.
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, or on a holiday, 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 HortusTV subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
HortusTV reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. HortusTV will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.
If HortusTV is for any reason unable to effect automatic payment via your credit card, HortusTV will attempt to notify you via email and your account will be disabled until payment is received. If all credit cards we have on file for you are declined for payment of your subscription fee, you have 30 days to provide us a new credit card or your membership will be cancelled. If you provide us with a new card and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.
You are responsible for notifying HortusTV of any changes to your credit card information and to update your information if your credit card has expired. HortusTV may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify HortusTV.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that HortusTV may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to HortusTV. You are required to notify us of any billing problems or discrepancies within sixty(60) days after they first appear on your credit card account statement by sending a written notice to email@example.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
Your subscription fee is non-refundable.
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. If for any reason HortusTV chooses to provide a discount or some other consideration to some or all of our subscribers, the decision to provide such consideration is at our sole and absolute discretion and does not obligate HortusTV to provide such consideration in the future.
You may cancel your HortusTV subscription any time by visiting Your Account and adjusting your membership settings. You will continue to have access to the HortusTV through the end of your monthly billing period. Your account will automatically close at the end of your current billing period if you cancel your subscription, with no further notice to you.
12. Subscriber Account Access, Password and Security
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your HortusTV account, including a valid email address.
You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all activity, liability, damage and all access to and use of the HortusTV Website and the Service that occurs under your password or account. Keep your password secure and ensure that you log out from your account at the end of each session to help prevent unauthorized access to your account.
You agree to immediately notify us by e-mail to firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security.
HortusTV will not be liable for any cost, loss or damage arising from your failure to keep your password secure. HortusTV 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.
13. Preservation and Disclosure of Account Information
14. Disclaimer of Warranty
Our Services are provided “as is” and on an “as available” basis without any warranty, representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Service and your use of our Service (including, without limitation, as to satisfactory quality, non-infringement, compatibility, security and accuracy).
We do not warrant that the functions contained in any Content on our Service will be uninterrupted or error-free, that defects will be corrected or that our Service or the servers that makes them available are free of viruses or bugs.
HortusTV, HortusTV’s officers, Directors, employees and content providers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information obtained by you from HortusTV shall create any warranty.
Except as expressly set forth herein, the Sites (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement.
To the fullest extent permissible by law, HortusTV makes no warranties and shall not be liable for the use of the Website under any circumstances, including but not limited to negligence by HortusTV. HortusTV does not warrant that the functions contained in the Site or the fee-based service will be uninterrupted or error-free, that defects will be corrected, that the Site or fee-based service will meet any particular criteria of performance or quality, or that the Site, including discussions or the server(s) on which the Sites are operated, are free of viruses or other harmful components.
15. Reliance on Information on our Services
We make no representation that any of the content on our Services is appropriate or available for use in your region or climatic zone. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
Content and information streamed via our Services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Content is accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on HortusTV by you or by anyone who may be informed of any of the contents of HortusTV.
In no event shall HortusTV or its Directors, Officers, Employees or Licensors by liable (jointly or severally) to you for personal injury or any incidental, specific, indirect or consequential damages of any kind, or any damages whatsoever.
You acknowledge that when using HortusTV you may be exposed to Content and information from a variety of sources and that we are not responsible for the truth, accuracy, usefulness or safety of such Content. We do not endorse any Content or any opinion, recommendation or advice expressed in any Content and we disclaim any and all liability in connection with such Content or other material.
We aim to update our Website and Service regularly and may change the Content at any time. We may suspend access to our Service, or close it indefinitely at any time at our sole discretion. The Content may be out of date at any given time and we are under no obligation to update it.
16. Limitation of Liability
To the fullest extent permitted by law HortusTV, and, as applicable, HortusTV’s Officers, Directors, Employees or their providers of telecommunications or network services and third parties connected to HortusTV hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage whatsoever (whether such losses were foreseen, foreseeable, known or otherwise) arising from, the use of or the inability to use, or in connection with the use of, our Website and Service, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
Your use of our Website and Service is entirely at your own risk. You assume full responsibility and risk of loss resulting from your streaming and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website.
Notwithstanding anything to the contrary contained herein, the aggregate liability of HortusTV to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount actually paid, if any, by you to HortusTV for access to and use of the Website and Service.
You hereby release HortusTV and the affiliates from any and all obligations, liabilities and claims in excess of this limitation.
You agree to indemnify, defend, and hold harmless HortusTV from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach or alleged breach of the terms of this Agreement and your obligations set forth therein, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
You shall cooperate as fully as reasonably required in the defense of any claim.
HortusTV will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
18. Governing Law and Jurisdiction
Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Guarantee
HortusTV does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside HortusTV’s control.
21. Gifts and Promotions
Gift certificates are not refundable.
22. Third Party Applications and Social Media
HortusTV has no control over the content or availability of third party or social media sites that you may access through our Website and such links are provided for your information and convenience only. If you 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 or other destructive elements.
HortusTV does not endorse any linked site or the information, products and services found on it. We are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.
23. Linking to HortusTV
You are not permitted to create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. HortusTV does not permit framing or inline linking to any portion of the Website.
Any links to our Website must be made 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 any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to HortusTV’s Website do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
Links to the HortusTV Website are not permitted from the following:
-websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;
- websites that promote, encourage or facilitate violence;
-websites that promote, encourage or facilitate terrorism or other activities that risk Canada’s national security;
-websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
-websites that promote, facilitate or encourage illegal activity;
-websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under law; or
-websites which infringe individual privacy.