Terms of Use
UNE VERSION FRAN要AISE DES CONDITIONS D鈥橴TILISATION EST ACCESSIBLE SUR CETTE PAGE.
THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU AND CANADIAN PRESS ENTERPRISES LTD. (鈥淐PE鈥). PLEASE READ THESE TERMS OF USE BEFORE YOU USE ANY CPE SERVICES (AS DEFINED BELOW) AS THEY PLACE RESTRICTIONS ON YOUR USE OF THE CPE SERVICES AND LIMIT CPE鈥橲 LIABILITY.
Acceptance of Terms
Your use of or gaining access to any CPE website, mobile enabled website, or software applications that you download, or any product, content or other services available on a CPE website, mobile enabled website or software application (collectively 鈥淐PE Services鈥 or individually 鈥淐PE Service鈥)) constitutes acceptance of these Terms of Use (hereinafter 鈥渢his Agreement鈥 or 鈥淭erms of Use鈥).听 If you do not comply with the provisions of the Terms of Use, you may not use CPE Services.听 CPE reserves the right to modify these terms of use at any time and such modifications will be effective immediately upon posting of the modified terms.听 You agree to review these Terms of Use periodically so you are aware of such modifications and your continued use of CPE Services shall be deemed your acceptance of the modified terms.听 The Terms of Use will also apply if you access CPE Services, or authenticate as a user, through a third party website or social media application.
ARTICLE 1 - YOUR RESPONSIBILITIES
Registration Obligations
1.01听听听听 You may be required to establish an account to participate in certain CPE Services.听 In doing so, you agree to (i) pay all fees and applicable taxes charged to you in connection with the use of the service, (ii) provide accurate and updated information about yourself as required in the application form for such service, (iii) comply with any other terms and conditions related to such service.听 If you fail to pay the charges, or provide inaccurate information about yourself, or fail to keep your information updated, CPE reserves the right to suspend or terminate any such service to you and refuse to provide you with any CPE Service in the future.听 You are responsible for maintaining the confidentiality of any password and shall notify CPE of any unauthorized use of your password and CPE cannot and will not be liable for any loss or damage arising from your failure to comply with this section.听 Accounts are offered for individual use only and registration is restricted to one account per person.
User Representation and Warranties
1.02听听听听 You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to us, directly or indirectly, is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iv) you are not located in any country that is subject to a U.S. or 番茄社区 Government embargo or that has been designated by the U.S. or 番茄社区 government as a 鈥渢errorist supporting鈥 country, and are not listed on any U.S. or 番茄社区 Government list of prohibited or restricted parties; and (v) you are complying and will continue to comply with any applicable third party terms of agreement when accessing or using the CPE Services (e.g., you have not and will not violate your wireless provider鈥檚 data service agreement when accessing or using the CPE Services).
In cases where you have authorized a minor to use the CPE Services you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of any CPE Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas or portions of the CPE Services, as well as some content other users may post on or within the CPE Services, may contain material that is inappropriate for minors.
Uploaded Content
1.03听听听听 You agree that when uploading, posting or submitting content (including but not limited to comments, images, video or music) to any of the CPE Services, including but not limited to chats, forums or blogs, you are the rightful owner to the content, or you have obtained the right to upload, post or submit such content from the rightful owner thereof.听 You agree you are solely responsible for such content.听 You represent and warrant that you have the right to grant to CPE the world-wide, non-exclusive, royalty-free, perpetual, irrevocable rights to publish, publicly perform and publicly display your content as well as to edit, translate and incorporate them into any other work in any format or medium now known or later developed, without compensation to you or the author.听 You waive any moral rights you have in such content or will obtain such a waiver from the author prior to uploading, posting or submitting such content.听 CPE may access your content at any time and may move, remove, edit, delete or take it down without notice to you or any liability therefor.听 You agree not to upload any content that:
(a)听听听听听听听 promotes hatred or incites violence toward any group or individual;
(b)听听听听听听听 harasses any person;
(c)听听听听听听听 is harmful to minors;
(d)听听听听听听 contains false or misleading news or information or defamatory statements;
(e)听听听听听听听 includes any material that relates or pertains to any organization or group that is organized in part to promote hate;
(f)听听听听听听听 includes an image of another person or private information of another person without that person鈥檚 consent;
(g)听听听听听听听 infringes the intellectual property rights of anyone or enitity;
(h)听听听听听听听 promotes criminal activity or information that provides how-to information about making weapons, violating a person鈥檚 privacy or creating computer viruses;
(i)听听听听听听听听 contains pornographic, sexually explicit material or nudity of any kind;
(j)听听听听听听听听 solicits personal information from other users of the services for commercial or unlawful purposes;
(k)听听听听听听听 engages in unlawful contests or pyramid schemes;
(l)听听听听听听听听 contains any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, Trojan horse, trap door, time bomb ,or drop dead device or any other codes, or instructions that may be used to edit, delete or disable the content.
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CPE reserves the right to remove any content for any reason whatsoever including where such content violates the Terms of Use and further it has the right to retain any content for as long as it deems appropriate to comply with any existing or potential legal process or to enforce the Terms of Use.
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Interference with Services
1.04听听听听 You agree not to use any robot, spider, device or manual process to monitor or copy the CPE Services or the content thereon.听 You also agree not to use any such device or process to interfere with the proper working of any of the CPE Services, nor will you take any action that imposes an unreasonably large load on CPE鈥檚 infrastructure. Without limiting the foregoing, you agree that you will not employ "screen scraping", "database scraping" and any other activity intended to collect, store, re-organize, summarize or manipulate any content or other information (whether via an automatic program or a manual process) associated with the CPE Services.
Downloads
1.05听听听听 Any of the CPE Services or third parties operating within any of such services may invite you to download software applications, or files, images or data incorporated therein.听 CPE or the third party makes the software available to you subject to these Terms of Use and the conditions set within the software installation for your personal and non-commercial use only provided that you do not modify the software and that you maintain all copyright notices.听 You also agree that CPE or the third party provider of the software retains full and clear title to the software and the contents thereof.听 You agree not to redistribute, resell, de-compile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.听 You specifically agree that CPE shall not be liable, directly or indirectly, in any way for any loss or damage of any kind whatsoever incurred as a result of your use of, or reliance on, the software, including the failure of the software to meet your demands or specifications.听
Restrictions on Re-use and Commercial Use
1.06听听听听 CPE, its affiliates, related companies, unaffiliated partners and licensors own the copyright in all elements of the CPE Services, including the content and how it is presented.听 CPE grants you a limited, non-exclusive, non-transferable license to use and display on your computer or other personal device, the content of the CPE Services for your own personal and non-commercial use only, provided you maintain all copyright notices.听 You may not resell, broadcast, publicly display, transmit or publish any of the CPE Services for any purpose whatsoever.听 You may establish a hypertext link to CPE Services provided that: (i) the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by CPE or create a false appearance that an entity is associated with or sponsored by CPE; (ii) the link does not damage the goodwill associated with CPE trademarks, and; (iii) the link is not for a commercial purpose.听 You are not permitted to frame, embed or inline link to any CPE Service or any portion thereof without the written permission of CPE.听 听CPE reserves the right to block access to the CPE Services by any user known or thought by it on reasonable grounds to be using any of the CPE Services for any commercial purpose.
Indemnity
1.07听听听听 You agree to indemnify and save harmless CPE, its affiliates and licensors and each of their respective officers, directors, employees and agents against all claims, actions or demands of every nature, including attorney鈥檚 and accounting fees resulting from or related to (i) your breach or alleged breach of any of the provisions of the Terms of Use, (ii) your access to or use of any of the CPE Services, (iii) your use of or inability to use any software made available to you through any of the CPE Services, or (iv) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party.听 CPE reserves the right to assume the exclusive defence and control of any matter referred to herein.听 You agree, in that case, to co-operate in the defence of any such claim.听 Your indemnification shall survive the termination of this Agreement.
ARTICLE 2 - USE OF SERVICE
Intellectual Property 鈥 Content and Software
2.01听听听听 All text, information, images, audio, video and other material posted on the CPE Services is protected by copyright and trademark laws and is owned, controlled and /or licensed by CPE and/or its affiliates, licensors and related companies.听 All content posted on the CPE Services remains the property of its owners and you agree to abide by all copyright notices, information and restrictions contained in or displayed with any content.听 You do not acquire any ownership rights in the content on any of the CPE Services as a result of accessing it.听 You may not use any trademark or service mark appearing on any of the CPE Services without the prior written consent of the rightful owner.听 The CPE Services are for your personal, non-commercial use.
Trademarks
2.02听听听听 The CPE Services may include trademarks, logos, design marks or other marks that are owned by CPE.听 All other product, brand and company names and logos used or mentioned on any of the CPE Services may be the trademarks or registered trademarks of their respective owners.听 Any use of any trademarks appearing on any of the CPE Services without the express written consent of the owner of the trademark is strictly prohibited.
No Liability for Content
2.03听听听听 Under no circumstance, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall CPE, its affiliates and licensors and each of their respective officers, directors, employees and agents be liable to you or any third party for any direct, indirect, special, consequential, economic, general or punitive damages, (including loss of profit or revenue, financial loss, loss of business opportunities, destruction, alteration of data, files, software or other information, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the support for any software made available through the CPE Services, the use of or inability to access or use any of the CPE Services or any content in any such services.听 Further, you specifically agree that none of CPE, its affiliates, directors, officers or employees may be held liable for any defamatory, offensive or illegal conduct of any user including you.听
The CPE Services may contain links to outside services and resources, the availability of which CPE does not control.听 CPE is not responsible or liable for the content of any pages accessed by such links, nor does it endorse any products, services or statements linked from or supplied to the CPE Services.听 Your linking to any other website does not imply an endorsement by CPE of such sites, nor does it imply that an entity is associated with or sponsored by CPE.听 CPE does not permit framing or inline linking to any of the CPE Services or any portion thereof.
Third party advertisers and other third party content providers, including merchants, vendors, sellers, service providers and third party providers of related information, content and videos (each, an听"Advertiser"听and collectively,听"Advertisers") may offer goods, services, content, information and other materials to you through the CPE Services. Your correspondence and business dealings with Advertisers including the payment for and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. Further, descriptions of, or references to, products, services, information or publications within the CPE Services do not imply endorsement of that product, service, information or publication. You agree that CPE will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, content, information or other materials on the CPE Services.
This provision shall survive the termination of this Agreement.
Warranties and Disclaimers
2.04听听听听 THE CPE SERVICES ARE PROVIDED ON AN 鈥淎S IS鈥 AND 鈥淎S AVAILABLE鈥 BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.听 CPE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONAL ASPECTS OF THE CPE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THESE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES.听 YOU OBTAIN ACCESS TO THE CPE SERVICES AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY INTERFERENCE, LOSS, DAMAGE, OR DISRUPTION TO YOUR OWN COMPUTER SYSTEM THAT ARISES IN CONNECTION WITH YOUR USE OF THE CPE SERVICES OR ANY LINKED SITE.听 YOU AGREE THAT NEITHER CPE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DEVELOPING THE CPE SERVICES SHALL BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THE CPE SERVICES.
Further and without limiting the foregoing, CPE makes no representations or warranties regarding the timeliness or availability of content available on CPE Services and you accept that content available on the CPE Services may appear in other media and on other platforms prior to being available on the CPE Services or that content created by CPE and available in other media and on other platforms may not be available on the CPE Services.
CPE may make available through the CPE Services information provided by third parties related to various professional fields including, but not limited to 鈥 medicine, health, fitness, law, accounting, tax law, financial planning and investments, health newsletters and surveys.听 Such information is made available for information purposes only.听 It is not to be construed as a substitute for professional advice, diagnosis or treatment and is not intended as a recommendation by CPE.听 Such information may not reflect the opinion, views or policy of CPE.听 ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL IN THE SUBJECT OF INTEREST TO YOU.
ARTICLE 3 - GENERAL
Privacy
3.01听听听听 CPE respects the privacy of the users of the CPE Services.听 Its collection, use and disclosure of personal information of its users are governed by its Privacy Policy which is accessible through the CPE Services[DR2].
Termination
3.02听听听听 You agree that CPE may suspend or terminate this Agreement or your access to CPE Services or terminate any subscription agreement you have entered for access and use of any of the CPE Services and remove or discard any content you have uploaded or posted on any of such services without prior notice to you and at its sole discretion.听 You further agree that CPE shall not be liable to you or to anyone else as a result of such suspension or termination of the access to any of the CPE Services.听 IF YOU ARE DISSATISFIED WITH ANY OF THE CPE SERVICES OR ANY ACTIONS TAKEN BY CPE, YOUR SOLE REMEDY IS TO CEASE ACCESSING SUCH SERVICES AND DELETE ANY ACCOUNT YOU HAVE ESTABLISHED WITH CPE. Upon any termination of your access to CPE Services as a result of termination of this Agreement by CPE or you, CPE may deny you access to any of the CPE Services and you must promptly destroy all materials downloaded from any of the CPE Services, as well as copies of such materials, whether made under these Terms of Use or otherwise.
Governing Law
3.03听听听听 All CPE Services are operated, maintained and controlled by CPE from its offices in Canada.听 CPE makes no representation or warranty that any of the CPE Services are appropriate or available for use outside Canada.听 Each of the parties agrees to submit to the jurisdiction of the courts of the Province of Ontario, Canada.听 The terms set out in this Agreement shall be interpreted, construed and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
References to Currency
3.04听听听听 The prices or fees displayed on any of the CPE Services are quoted in 番茄社区 dollars and are valid and effective in Canada only unless otherwise clearly specified.
Non Waiver
3.05听听听听 No waiver by CPE of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.
Assignment of Agreement
3.06听听听听 You may not assign or transfer your rights or obligations under this Agreement without the prior consent of CPE.听 CPE may assign of transfer any of its rights or obligations under this Agreement without your consent.
Language of Agreement
3.07听听听听 Les parties ont demand岣 que cette convention soit redig岣 en anglais.听 In the event of a conflict between the English and French version of these terms, the English version shall prevail.
Communications to You
3.08听听听听 You agree that CPE may send electronic mail to you for the purpose of advising you of changes or additions to these Terms of Use, our products and services, or for such other purpose(s) as CPE deems appropriate.