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TERMS AND CONDITIONS
Effective: September 10, 2014
CONTENT
1. Acceptance of Terms
2. Your Registration Obligations
3. Privacy Statement
4. User Conduct
5. Submitted/Uploaded Content
6. Social Networking and Forums
7. Responsibility for Minors
8. Restrictions on Re-use, Re-sale of services
9. Commercial Use
10. Access and Interference
11. Downloads
12. Indemnity
13. General Practices Regarding Use and Storage
14. Modifications to Service (Other Than Paid Services)
15. Termination
16. Content Linked to Postmedia Site
17. Disclaimer of Warranties
18. Limitations of Liability
19. Exclusions and Limitations
20. Professional Information Disclaimer
21. Medical/Health Information Disclaimer
22. Financial Information Disclaimer
23. Search Content Disclaimer
24. Third Party Dealings & Online Sales Disclaimer
25. Trademarks
26. Governing Law/Jurisdictional Issues
27. Arbitration and Actions
28. Miscellaneous
Schedule "A" MUSIC SUBMISSION LICENCE, RELEASE AND WAIVER Schedule "B" PHOTO
SUBMISSION LICENCE, RELEASE & WAIVER Schedule "C" SUBMITTER CONTENT LICENCE,
RELEASE & WAIVER
RESOURCES
Cookie Policy Community Guidelines Privacy Statement Terms of Service Postmedia
Sites
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE
SERVICES PROVIDED TO YOU BY POSTMEDIA NETWORK INC. AS THEY CONTAIN BINDING LEGAL
TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF POSTMEDIA'S LIABILITY AND
DISCLAIMERS.
1. ACCEPTANCE OF TERMS
All website services provided to you by Postmedia Network Inc., and any of its
respective affiliates, related companies, unaffiliated partners and/or licensors
(together herein referred to as "Postmedia" or "we") are provided to you subject
to the following terms and conditions of service.
By using or accessing (either by computer, e-reader, mobile or other electronic
device now or hereafter devised) any Postmedia website, mobile enabled website,
or mobile application (each a "Postmedia Site" and collectively, the "Postmedia
Sites") or any products, content or other services available on a Postmedia Site
(each a "Service" and collectively, the "Services"), including Services offered
on a payment basis (each a "Paid Service" and collectively, "Paid Services"),
you agree 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 Postmedia Site or
Service (collectively the "Terms and Conditions"), all as may be modified by
Postmedia in accordance with these Terms and Conditions. Without limiting the
generality of the foregoing, the Terms and Conditions will also apply if you
access a Postmedia Site or Service, or authenticate as a user, through a third
party website or social media application (for example, through Twitter® or
Facebook®). The Terms and Conditions will also apply when Postmedia interacts
with a third party like YouTube, by using the Services, you agree to be bound by
the YouTube Terms of Service located here. These Terms and Conditions, along
with any modifications or additional or alternate terms or conditions referred
to, including those related to your agreement to use a Paid Service (a "Paid
Services Agreement"), shall be the entire agreement between you and Postmedia
and any prior communications between you and Postmedia (including, for example,
e-mails) do not form part of these Terms and Conditions. If you do not agree
with these Terms and Conditions, do not use any Postmedia Site or any of the
Services.
2. YOUR REGISTRATION OBLIGATIONS
You may be required to establish an account or otherwise register (each a
"Member Account") to participate in certain Services on the Postmedia Site. When
you provide registration information, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the applicable
Services' registration form (such information collectively being the
"Registration Data"); (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete; and (c) agree to pay all fees,
including applicable taxes, incurred in connection with your use of any Paid
Service. 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 have the right to suspend or
terminate your Member Account and refuse any and all current or future use of
the Services (or any portion thereof). During registration, you may be asked to
provide an e-mail address and to create your own password. Your e-mail address
will become your user identification ("User ID").You are responsible for
maintaining the confidentiality of the password and your Member Account, and are
fully responsible for all activities that occur under your password or Member
Account. You agree to: (a) immediately notify Postmedia of any unauthorized use
of your password or Member Account or any other breach of security; and (b)
ensure that you exit from your Member Account at the end of each session.
Postmedia cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 2.
3. PRIVACY STATEMENT
Registration Data and certain other personal information about you is subject to
our Privacy Statement. For more information, please see our Privacy Statement.
By submitting your personal information you signify your agreement to the
Privacy Statement which may be amended from time to time. You agree that
Postmedia has the right, but not the obligation, to monitor the Postmedia Sites
and the Services electronically from time to time.
You acknowledge and agree that where you are required to set up a Member Account
(for example, to comment on a story), if you choose to do so using personal
information provided by a third party website or application such as Facebook®
or Twitter®, this paragraph constitutes prior written notice to you of, and your
consent to, the collection and use of your personal information by Postmedia for
the purposes of setting up the Member Account.
You acknowledge that in the event that a third party service provider is located
in the United States or another foreign country, your personal information may
be processed and stored in the United States or such other foreign country, and
the governments, courts or law enforcement or regulatory agencies of that
country may be able to obtain disclosure of your personal information through
the laws of the foreign country. Whenever we engage a third party service
provider to do work for us, we confirm that its privacy and security standards
meet our requirements. You acknowledge and agree that this paragraph constitutes
prior written notice to you of, and your consent to the collection, use and
disclosure of your personal information as described above.
4. USER CONDUCT
All information, data, text, software, music (including both the particular
performance(s) and the underlying musical composition) sound, photographs,
graphics, images, avatars, video, messages, ideas, reviews, opinions,
suggestions or other materials on a Postmedia Site, including links to any third
party websites or social media applications embedded therein ("Content"),
uploaded, posted or otherwise submitted by a user to a Postmedia Site or the
Services ("User Content") is the sole responsibility of the person from which
such User Content originates and any uploading, posting or other submission of
such User Content is subject to the Submission Release Terms and Conditions
referred to in Section 5 below. In addition to the License, Release and Waiver
terms for Music, Photos Content and User Content (as defined in Section 5
below), you also acknowledge and agree that you, and not Postmedia, are entirely
responsible for all User Content that you upload, post, or otherwise submit via
Postmedia Sites and/or pursuant to the Services. Postmedia does not control the
User Content posted via the Postmedia Site and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using a
Postmedia Site or Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Postmedia be liable in
any way for any loss, damage or injury related to, or arising as a result of,
any Content (including User Content), including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of any User Content uploaded, posted, or otherwise submitted
via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise
submit any User Content that:
a. is offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
b. could be harmful to minors;
c. harasses or advocates harassment of another person;
d. involves the transmission of "junk mail", "chain letters", or unsolicited
mass mailing or "spamming";
e. promotes information that is false, misleading, illegal or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
f. infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party including, without limitation, promoting an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
g. contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
h. displays pornographic or sexually explicit material of any kind;
i. provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under the age
of 18;
j. provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
k. solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
l. you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information );
m. engages in commercial activities and/or sales, such as contests,
sweepstakes, barter, advertising, and pyramid schemes, without our prior
written consent; and
n. contains or will contain any disabling mechanism or protection feature
designed to prevent its use, including any clock, timer, counter, computer
virus, worm, software lock, drop dead device, Trojan horse routine, trap
door, time bomb or any other codes, designs, routines or instructions that
may be used to access, modify, replicate, distort, delete damage or disable
the Content, any Services or any Postmedia Site and any world wide web pages
or any operating system software or hardware on which such Content, Service
or Postmedia Site is operated or displayed except as specifically designed
into the Content.
Postmedia and its designees shall have the right to remove any User Content that
violates these Terms and Conditions, or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. You acknowledge and agree that Postmedia may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms and Conditions; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of Postmedia, its users and/or the
public.
5. SUBMITTED/UPLOADED CONTENT
You agree that by uploading, posting or otherwise submitting any User Content
materials to any content generating or submitting Service or page on a Postmedia
Site including, without limitation, to any live chat, commenting application,
forum, social media application/page literary and/or dramatic content upload
Service, music upload Service, reporting/blogging Service, criticism, review or
opinion upload Service, any contest page, or any image, photograph or other
visual art-form upload Service, you are agreeing to the applicable Submission
Release Terms and Conditions linked here for your reference. For any music that
may be uploaded (where or if permitted on Postmedia Sites) please refer to the
following Music Submission License, Release and Waiver (Schedule "A" below).
For any photo that may be uploaded, please refer to the following Photo
Submission License, Release and Waiver (Schedule "B" below). For all other User
Content please refer to the following Submission License, Release and Waiver
(Schedule "C" below). Each of the Music Submission License, Release and Waiver,
the Photo Submission License, Release and Waiver and the Submitter Content
License, Release and Waiver are hereby incorporated by reference into these
Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND
CONDITIONS BEFORE POSTING, UPLOADING, OR OTHERWISE SUBMITTING ANY CONTENT
WHATSOEVER TO ANY POSTMEDIA SITE OR SERVICE. ANY SUCH POSTING, UPLOADING, OR
OTHER SUBMISSION OF CONTENT TO A POSTMEDIA SITE OR SERVICE WILL INDICATE THAT
YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND
CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS,
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER CONTENT OR RELATED
MATERIAL TO POSTMEDIA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE
GOVERNED BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING USER
CONTENT OR ANY RELATED MATERIAL TO POSTMEDIA, YOU ARE WAIVING ANY AND ALL RIGHTS
THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL AND ARE
REPRESENTING AND WARRANTING TO POSTMEDIA THAT THE USER CONTENT (AND ALL PARTS OF
IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS
ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT POSTMEDIA IS
FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE
THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE USER CONTENT
(INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO
DESIRES, AS PROVIDED OR AS MODIFIED BY POSTMEDIA, WITHOUT OBTAINING PERMISSION
OR LICENSE FROM ANY THIRD PARTY.
6. SOCIAL NETWORKING AND FORUMS
When participating in the various social networking aspects available through
the Postmedia Sites such as commenting applications, forums, blogs or live chats
(each a "Forum", collectively, "Forums"), never assume that people are who they
say they are, know what they say they know, or are affiliated with whom they say
they are affiliated. Postmedia cannot be responsible for the content or accuracy
of any information, and will not be responsible for any reliance or decisions
made based on such information.
When participating or commenting in any Forum on or through a Postmedia Site you
may not post, upload, link to, or otherwise distribute any information,
materials or content that does not generally pertain to the designated topic or
theme of the particular Forum. Use of Postmedia's Forums for commercial purposes
of any kind is strictly prohibited. Please note that Postmedia 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. Use of and/or participation in any
Forum shall indicate your acceptance of the Terms and Conditions.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a Postmedia Site or any of the
Services, you recognize that you are fully responsible for: (i) the online
conduct of such minor; (ii) controlling the minor's access to and use of a
Postmedia Site or any of the Services; and (iii) the consequences of any misuse
by the minor. You acknowledge that some of the areas of a Postmedia Site may
contain Content that is inappropriate for minors. You acknowledge that Postmedia
has no obligation to monitor the Services or any Content accessible through the
Postmedia Sites.
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
All Content available on a Postmedia Site, including the manner in which such
Content is presented, and the Services are: Copyright Postmedia Network Inc.,
its affiliates, related companies, unaffiliated partners and/or licensors. All
rights reserved. Such Content is protected by Canadian and worldwide copyright
laws and treaty provisions. Postmedia grants you a limited non-exclusive,
non-transferable license to use and display on your computer or other electronic
access device, the Content and Services for your own personal and non-commercial
use only, provided that you do not modify the Content and that you maintain all
copyright and other proprietary notices. Except as provided herein, you agree
not to reproduce, make derivative works of, retransmit, distribute, sell,
publish, communicate, broadcast or otherwise make available any of the Content
obtained through a Postmedia Site or any of the Services, including without
limitation, by caching, framing, deep-linking or similar means, without the
prior written consent of the respective copyright owner of such Content. Your
entry or participation in any contest, sweepstakes, promotion or other similar
offering on any Postmedia Site (each, a "Contest") shall also be subject to and
governed by the specific rules and regulations in respect of that Contest.
9. COMMERCIAL USE
No Forum or other areas of the Postmedia Sites may be used by you for any
commercial purposes such as to conduct sales of goods and services of any kind.
You must obtain our prior written consent to make commercial offers of any kind,
whether by advertising, solicitations, links, or any other form of
communication. Without limiting the foregoing, you may not resell or link to
other sites for any commercial purpose whatsoever. We reserve the right to
investigate and take appropriate legal action against anyone who violates this
provision, including without limitation, removing the offending communication
from the applicable Postmedia Site(s) and barring such violators from use of the
Postmedia Sites. We reserve the right to block access to the Postmedia Sites by
any user known or reasonably believed to be using the Postmedia Sites for any
commercial purpose (including, without limitation, the sale of goods and
services).
10. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the Content contained
thereon, to register for a Member Account or for any other unauthorized purpose
without our prior express written permission. You agree that you will not use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not access, reload or "refresh" pages contained on the
Postmedia Sites, or make any other request to transactional servers, more than
once during any three second interval.
11. DOWNLOADS
Certain Services may allow you to download software applications or other forms
of Content, including files, images and/or data incorporated therein
(collectively, the "Software"). The Software is made available to you by
Postmedia or third parties subject to these Terms and Conditions and the terms
and conditions made available to you during the software installation process.
You agree that the Software is licensed to you by Postmedia or third parties for
your personal and non-commercial use only provided that you do not modify the
Software and that you maintain all copyright and other proprietary notices and
that Postmedia or the designated third parties retain full and complete title to
the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form. You agree that it is your
responsibility to review and evaluate the Software and the related terms and
conditions, and that all risk associated with the use of, or reliance on, the
Software rests with you. You further agree that Postmedia, including 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, the Software, including the failure of the
Software to meet your needs, standards, expectations or specifications.
Postmedia Sites and/or Services and software derived from Postmedia Sites and/or
Services may be further subject to certain Canadian and United States export
controls. No software from any Postmedia Site or Service may be downloaded or
otherwise exported or re-exported into (or to a national or resident of) any
country prohibited by such export controls or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Postmedia Sites,
Services or any software derived there from, you acknowledge that it is your
responsibility to determine the applicability of and the compliance with, any
export controls and you hereby represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or on
any such list referred to above in respect of any applicable export control.
12. INDEMNITY
You agree to defend, indemnify and hold harmless each of Postmedia, its
affiliates and licensors and each of their respective officers, directors,
employees and agents, including all third parties mentioned on a Postmedia 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 (including any Terms and
Conditions incorporated by reference) or your Paid Services Agreement; (b) your
access to or use of a Postmedia Site, Services or Content; or (c) your use or
reliance on, or publication, communication or distribution of anything on or
from a Postmedia Site or through any of the 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.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Postmedia may establish general practices and limits
concerning use of the Services, including without limitation the maximum number
of days that User Content will be retained by a Postmedia Site, the maximum
number of times (and the maximum duration for which) you may access the
Postmedia Sites or the Services in a given period of time. You agree that
Postmedia has no responsibility or liability for the deletion or failure to
store any messages and other communications or other User Content maintained or
transmitted on or by a Postmedia Site or Service. You further acknowledge that,
in relation to free services, Postmedia reserves the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice.
14. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
For users of the Postmedia Sites and/or any Services, other than Paid Services,
Postmedia reserves the right, in its sole discretion, at any time and from time
to time to modify these Terms and Conditions and discontinue, temporarily or
permanently, any Postmedia Sites or Services (or any part of such Postmedia
Sites or Services) with or without notice. You agree that any modification or
discontinuance of any Postmedia Sites or Services may be effected without prior
notice, and acknowledge and agree that in connection with any such modification
or discontinuance, Postmedia may immediately deactivate or delete your Member
Account and all related information and files in your Member Account (including
any Registration Data). You further agree that Postmedia shall not be liable to
you or to any other person as a result of any such modification or
discontinuance for any reason whatsoever. Your continued use of a Postmedia Site
or Service will mean that you accept those changes. For users of Paid Services,
modifications of your Services and these Terms and Conditions are governed by
your Paid Services Agreement, including all relevant provisions of these Terms
and Conditions.
15.TERMINATION
You agree that Postmedia, in its sole discretion, may suspend or terminate your
Member Account, or use of the Postmedia Sites or Services, and remove and
discard any User Content within the Service at its convenience, or for any
reason, including, without limitation, for lack of use or if Postmedia believes
that you have violated or acted inconsistently with the letter or spirit of the
Terms and Conditions. Postmedia may also in its sole discretion and at any time
discontinue providing the Postmedia Sites or Services, or any parts of the
Postmedia Sites or Services, including Paid Services, with or without notice.
You agree that any suspension and/or termination of your access to the Postmedia
Sites or Services may be effected without prior notice, and acknowledge and
agree that Postmedia may immediately deactivate or delete your Member Account
and all related information and files in your Member Account (including any
Registration Data) and/or bar any further access to such files or the Services.
You further agree that Postmedia 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 Postmedia Site or any of the Services or with any terms,
conditions, rules, policies, guidelines, or practices of Postmedia in operating
a Postmedia Site or any of the Services, your sole and exclusive remedy is to
discontinue using the Postmedia Site or Services in question. If you wish to
delete your Member Account, please use the Delete My Account option on your
Member Profile page.
16. CONTENT LINKED TO A POSTMEDIA SITE
Please exercise discretion while browsing the Internet. Please note that certain
links on the Postmedia Sites may take you to, or otherwise interact with, other
websites (including social media websites). Postmedia provides these links only
as a convenience and not as an endorsement by Postmedia. These linked sites are
not necessarily under the control of Postmedia. 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.
Furthermore, you acknowledge and confirm that you are responsible for viewing
and abiding by the terms of use and privacy policies posted at these third party
linked sites. Postmedia is not responsible for the content of any such linked
sites or any other web page which is not part of a Postmedia Site and under
Postmedia's control. Unless otherwise expressly provided, Postmedia 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 Postmedia 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 Postmedia Site or the use of any personal information
that you provide to such linked site by the operator(s) of such linked site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF ANY POSTMEDIA SITE OR SERVICE IS AT YOUR SOLE RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE POSTMEDIA SITES OR SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSTMEDIA EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSTMEDIA MAKES NO
WARRANTY THAT (i) THE POSTMEDIA SITES OR SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE POSTMEDIA SITES OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE POSTMEDIA SITES OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE POSTMEDIA SITES OR SERVICES WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF POSTMEDIA
SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSTMEDIA, A POSTMEDIA SITE OR
THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS AND CONDITIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSTMEDIA SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF POSTMEDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE POSTMEDIA SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE POSTMEDIA SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE POSTMEDIA SITES OR SERVICES; OR (v) ANY OTHER MATTER RELATING
TO THE POSTMEDIA SITES OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT POSTMEDIA HAS
ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE POSTMEDIA SITES, SERVICES
AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF
LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT
THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND POSTMEDIA. YOU
EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE
DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE
TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF
ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR
TERMINATION OF THIS AGREEMENT.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. PROFESSIONAL INFORMATION DISCLAIMER
The Postmedia Sites may make available certain information provided by third
parties related to various professional fields such as, without limitation,
medicine and other health and fitness related matters, law, accounting and
financial planning and investments (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 Postmedia 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 Postmedia, including 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 such Professional Information.
21. MEDICAL/HEALTH INFORMATION DISCLAIMER
The Professional Information may contain health-related and medical-related
information (including any facts, views, opinions, recommendations, descriptions
of, or references to, products, services and medications). Such health-related
and medical-related information made available by Postmedia, through a Postmedia
Site or any of the Services is: (a) for informational purposes only; (b) not to
be used or construed as a substitute for professional medical advice, diagnosis,
or treatment; (c) not intended as a recommendation or endorsement of any
specific tests, products, procedures, opinions or any other information.
Reliance on any health-related or medical-related Professional Information on,
or accessible through, the Postmedia Sites or Services is solely at your own
risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH
PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER
DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF
INFORMATION YOU HAVE READ OR OTHERWISE OBTAINED FROM ANY POSTMEDIA SITE.
22. FINANCIAL INFORMATION DISCLAIMER
The Professional Information may contain financial information (including any
facts, views, opinions, recommendations, descriptions of, or references to,
products or securities). Such financial information made available by Postmedia,
through a Postmedia Site or any of the Services is: (a) for informational
purposes only; (b) not to be used or construed as an offer to sell, a
solicitation of an offer to buy, or an endorsement, recommendation, or
sponsorship of any entity or security by Postmedia; and (c) not necessarily
reflective of the views or policy of Postmedia, including the publisher,
contributors and staff of, and advertisers on, a Postmedia Site. You acknowledge
and agree that any request for information by you is unsolicited and shall
neither constitute nor be construed as investment advice by Postmedia. You
should apply your own judgment in making any use of any financial information,
including, without limitation, the use of any information contained therein as
the basis for any conclusions. You bear responsibility for your own investment
research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY
RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR.
POSTMEDIA DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING
ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF
ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge that
Postmedia may invest or otherwise hold interests in entities which may be
referenced in any of the Services or Content accessible through a Postmedia
Site. The views and opinions expressed on a Postmedia Site are not intended to
constitute a description of securities bought, sold, or held on behalf of
Postmedia nor an indication by Postmedia of any intention to buy, sell, or hold
any security.
23. SEARCH CONTENT DISCLAIMER
Any and all pictures, sounds, sound effects, sound recordings, musical works,
performances, graphics, video, cinematic productions, audio-visual works, search
results, listings (paid or free) and/or the arrangement thereof and any other
works (the "Multimedia Content") located through any Postmedia Site's search
services are protected by copyright and/or other intellectual property laws.
Postmedia does not have the right to authorize you to reproduce, distribute,
publicly display, publicly perform, communicate or create derivative works from
any files containing such Multimedia Content. Where search results link to sites
outside a Postmedia Site, all of the Multimedia Content contained on such sites
is owned and served by entities other than Postmedia. Postmedia provides you
with the URL or address of the Multimedia Content; this information may be used
to determine the server of the Multimedia Content. If you intend to make use of
any Multimedia Content accessed through a Postmedia Site's search services for
commercial or noncommercial purposes, we strongly suggest that you contact the
server and/or owner of the Multimedia Content for permission to use such
Multimedia Content.
24. THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
You acknowledge that some of the services accessible on the Postmedia Site are
provided by third parties, including but not limited to health newsletters and
surveys. You acknowledge that in dealings with third parties, Postmedia is not
the seller or provider and your agreement of purchase or for services with such
third party is between you and the third party, and not Postmedia. Postmedia
assumes no responsibility whatsoever for any charges you, or any user of any
account you establish through the Postmedia Site, incurs when making purchases
or other transactions in this manner. The responsibility for ensuring compliance
with all applicable laws in connection with any such transactions shall be yours
and/or the third party's alone. You agree that Postmedia shall not be
responsible or liable in any way for any loss or damage of any kind incurred as
a result of, or in connection with, any such dealings or transactions. You
acknowledge and agree that your correspondence or business dealings with any
third parties, including any merchants or advertisers, found on, or through, a
Postmedia Site or any of the Services, including 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.
25. TRADEMARKS
POSTMEDIA, Canada.com, the Canada.com logo, the Bubbles Design, Postmedia
Network, the newspaper mastheads and other newspaper and Postmedia trademarks
and design marks, are trademarks and registered trademarks of Postmedia Network
Inc., Postmedia Network Canada Corp. and/or their affiliates or related
companies (collectively, the "Postmedia Marks"). All other product, brand and
company names and logos used or mentioned on a Postmedia Site or any of the
Services may be the trademarks or registered trademarks of their respective
owners. Any use of any trademarks appearing on a Postmedia Site or any of the
Services without the express written consent of the owner of the trademark is
strictly prohibited.
26. GOVERNING LAW/JURISDICTIONAL ISSUES
Except for third party sites and services independently operated and accessed
through Postmedia Sites, all other Postmedia Sites and Services are controlled,
operated and administered by Postmedia from its offices within Canada. Postmedia
makes no representation or warranty that a Postmedia Site or any of the Services
are appropriate or available for use at any locations outside Canada. If you
access a Postmedia Site from outside Canada, you are responsible for compliance
with all applicable laws. You may not export any of the Content accessible
through a Postmedia Site in violation of applicable export laws and regulations.
These Terms and Conditions shall be interpreted, construed and governed by the
laws in force in the Province of Ontario, and the federal laws of Canada
applicable therein, without reference to its conflict of laws principles.
Subject to the Arbitration and Actions paragraph below, each party hereby agrees
to submit to the jurisdiction of the courts of the Province of Ontario and the
Federal Courts situate therein, and to waive any objections based upon venue.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to these Terms and Conditions.
27. ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute
arising out of or relating to these Terms and Conditions, your use of any
Postmedia Site or Service (including Paid Services) or the relationship which
results from these Terms and Conditions, including without limitation, the
performance, breach, enforcement, existence or validity of the matters provided
for in these Terms and Conditions which cannot be amicably resolved, even if
only one of the parties declares that there is a difference (collectively, a
"Claim"), will be referred to and finally settled (to the exclusion of the
courts) by private and confidential binding arbitration before a single
arbitrator held in Toronto, Ontario in English and governed by Ontario law
pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or
re-enacted from time to time. The arbitrator shall be a person who is legally
trained and who has experience in the information technology field in Canada and
is independent of either party. Any such Claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim, controversy or dispute of any other party. Except where prohibited by
applicable law, you agree to waive any right you may have to commence or
participate in any class action against us related to any Claim and, where
applicable, you also agree to opt out of any class proceedings against us.
Notwithstanding the foregoing, we reserve the right to pursue the protection of
intellectual property rights and confidential information through injunctive or
other equitable relief through the courts.
28. MISCELLANEOUS
These Terms and Conditions and, where applicable, the specific terms of a Paid
Services Agreement, constitute the entire agreement between Postmedia and you
pertaining to your use of the Postmedia Sites and Services and, except as
specifically set forth herein, supersede any prior agreements between you and
Postmedia relating to the Postmedia Sites and Services. Postmedia may assign
these Terms and Conditions, in whole or in part, at any time. Postmedia's
failure to insist upon or enforce strict performance of any right or provision
of the 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
the Terms and Conditions, as amended from time to time, 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 which shall remain in full force and effect and shall be
construed as if the invalid provision had been omitted. The parties have
required that the Terms and Conditions and all documents relating thereto be
drawn up in English. Les parties ont demandé que cette convention ainsi que tous
les documents que s'y rattachent soient rédigés en anglais (Version française).
In the event of a conflict between the English and French version of these
terms, the English version shall prevail.
SCHEDULE A
MUSIC SUBMISSION LICENCE, RELEASE AND WAIVER
This licence, release and waiver allows us to expose your music to new listeners
for your benefit by streaming your music on certain Postmedia Sites and Services
(where permitted by Postmedia), and broadcasting it in certain other media
outlets, as well permitting us to gain further exposure for your music by
printing your lyrics in our newspapers and other print publications. Please note
that we cannot expose your music to new listeners if you do not own all rights
to the music composition (for instance, publishing rights), the actual
performance of the music that you plan to upload to us (including, for instance,
the performances of anyone else included in the music) or if you have already
assigned any rights to a collection society such as SOCAN. Please also note that
not all of the Postmedia Sites or Services permit or provide for uploading of
your music. If you decide at any time that you no longer want us to use your
Music pursuant to this license, simply send us a written request to the
Attention of: Rights Manager - Postmedia Digital at 365 Bloor Street East,
Toronto, ON, M4W 3L4. WE WILL NOT MAKE YOUR MUSIC AVAILABLE FOR DOWNLOAD. YOUR
MUSIC WILL BE STREAMED ON POSTMEDIA SITES ONLY AND MAY OTHERWISE BE BROADCAST ON
OTHER SECURE MEDIA DESCRIBED BELOW. The purpose of this upload, streaming, and
broadcast tool is to allow you to expose your music to new listeners for your
benefit.
For this benefit, along with other valuable consideration that you acknowledge,
you agree with Postmedia as follows:
1. You grant to Postmedia, a non-exclusive and royalty-free right and license,
(but not the obligation), in perpetuity throughout the world, to use,
reproduce, store, transmit, communicate (and authorize the communication of,
including public internet streaming and broadcast use) the musical
composition and actual performance of the musical composition (whether
contained in a master recording or otherwise)(including any and all
performances contained in the actual recording) in whole or in part
(collectively, your "Music"), or any part thereof, on
i. any Postmedia Site now existing or to be created (including, without
limitation, internet web pages located at the domain name www.canada.com
and its related and successor websites) and however configured for any
electronic distribution platform or device whether fixed or mobile
(whether now known or to be devised and including, without limitation,
phones, personal digital assistant, pagers and other wireless enabled
devices and applications) and
ii. each and every conventional and/or satellite radio station owned,
operated or controlled by Postmedia or its affiliates (each a "Licensed
Station"). You irrevocably waive, in Postmedia's favour any and all
so-called "moral rights" in connection with your Music. You grant these
rights and this waiver to Postmedia free of charge.
2. You grant Postmedia a non-exclusive and royalty free right and license (but
not the obligation), in perpetuity throughout the world to mechanically
reproduce your Music, in whole or in part, for the sole purpose of the
exercise of its rights described in Paragraph 1 above. You grant these
rights to Postmedia free of charge.
3. You also grant to Postmedia an irrevocable non-exclusive and royalty-free
right and license (but not the obligation), in perpetuity throughout the
world, to use, reproduce, publish, display, and distribute any and all
lyrics contained in the Music (the "Lyrics"), or any part thereof, in each
and every print publication (whether periodical or not) owned, operated,
controlled, published or co-published, or commissioned by Postmedia and/or
its affiliates (each a "Licensed Publication"). You grant these rights to
Postmedia free of charge.
4. You represent and warrant that:
a. you own or control 100% of the rights in and to your Music and the
Lyrics. The rights granted to Postmedia in this license, the Music and
the Lyrics and each and every one of its and their component elements
are, wholly original with you and not copied in whole or in part from any
other work;
b. you have the right to grant to Postmedia the rights granted to us in this
license. No further permissions, consents or payments are required from
or to, any third party in connection with the use by Postmedia of the
rights granted hereunder, there is (and will not be) any agreement with a
third party that may in any way interfere with Postmedia's rights under
this license, and such rights are and shall be free and clear of any and
all claims, rights and obligations whatsoever;
c. this license, the Music and the Lyrics shall not be subject to the
jurisdiction of the American Federation of Musicians or other similar
guild or organization in any jurisdiction and no additional payment,
royalties, or consent of any party are required in connection with
Postmedia's exercise of the rights granted in this license (including,
without limitation, any payments in respect of neighbouring rights).
Without limiting what you have represented to above, you have not
previously assigned any or all of the so-called "small" performing rights
in and to the Music to any performing rights society, and have not
previously assigned any or all of the so called "publishing rights" in
and to the Music to any publishing company, record company or other
person or entity whatsoever; and
d. you are a resident of Canada.
5. Postmedia is the sole owner of all rights (including copyright) in the
Postmedia Sites, Licensed Stations and Licensed Publications and in this
capacity shall have the right to use the Music and the Lyrics in any manner
in its sole discretion within the terms of this license, including, but not
limited to the right to edit your Music to accommodate broadcast and
broadcast distribution requirements. However, unless we have your prior
consent, we will not use your Music in conjunction with any other material
to create a new derivative work.
6. You expressly and irrevocably release and forever discharge Postmedia, its
parent, subsidiary, affiliated and associated companies, and their
directors, officers, employees, agents, representatives, independent and
dependent contractors, licensees, successors and assigns of and from any and
all actions, causes of action, suits, proceedings, liability, debts,
judgments, claims and demands whatsoever in law or equity which User ever
had, now have, or hereafter can, shall or may have, for or by reason of, or
arising directly or indirectly out of, Postmedia's exercise of its rights in
this license, release and waiver
7. You hereby agree to indemnify and hold harmless Postmedia, its partners,
co-producers, financiers and distributors, their parent, affiliated and
related companies, and all of their respective individual shareholders,
directors, officers, employees, licensees and assigns from and against any
claims, actions, losses and expenses (including legal expenses) occasioned
by any breach of your representations and warranties or any other provision
of this license, release and waiver.
8. You shall not have any right to terminate the permissions granted herein,
nor to seek, obtain, or enforce any injunctive or other equitable relief
against Postmedia, all of which such rights are hereby expressly and
irrevocably waived by you in favour of Postmedia.
9. You acknowledge having obtained independent legal advice in connection with
this license, release and waiver, failing which, you shall be deemed to have
voluntarily waived the right to seek such independent legal advice. 10.
Except to the extent that they conflict with the license, release and waiver
terms of the upload of your Music, Photos or User Content, the general Terms
and Conditions for use of the Postmedia Sites are also applicable to your
upload of Music and such Terms and Conditions are incorporated into this
license. If those general Terms and Conditions conflict with the terms and
conditions of this license, release and waiver, this license, release and
waiver will govern. Except as otherwise defined in this license, any
capitalized terms shall have the meanings given to such terms in the general
Terms and Conditions.
SCHEDULE "B"
PHOTO SUBMISSION LICENCE, RELEASE AND WAIVER
Please note that we cannot publish your photographic materials or images
("Photos") if you do not own all rights in them, and have permission from those
who may appear in your Photos to publish the Photos. Please also note that not
all of the Postmedia Sites or Services permit or provide for uploading of your
Photos. If you decide at any time that you no longer want us to use your Photos
pursuant to this license, simply send us a written request to the Attention of:
Rights Manager - Postmedia Digital at 365 Bloor Street East, Toronto, ON, M4W
3L4. In consideration of Postmedia's agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any Photo to the Postmedia Sites or
Services and, possibly, to review, and potentially publish any such materials
submitted to Postmedia by you, and for other valuable consideration the receipt
and sufficiency of which are hereby expressly and irrevocably acknowledged, you
agree with Postmedia as follows.
1. You grant to Postmedia, a non-exclusive and royalty-free right and license,
(but not the obligation), in perpetuity throughout the world, to use,
reproduce, store, transmit, communicate the Photo in whole or in part, or
any part thereof,
i. on any Postmedia Site now existing or to be created (including, without
limitation, internet web pages located at the domain name
www.canada.com, and its related and successor websites) and however
configured for any electronic distribution platform or device whether
fixed or mobile (whether now known or to be devised and including,
without limitation, phones, personal digital assistant, pagers and other
wireless enabled devices and applications); and
ii. in any newspaper (including but not limited to print and Digital
Editions of such newspapers) owned or operated by Postmedia Network Inc.
and/or its affiliates, related companies, unaffiliated partners and/or
licensees, successors or assigns, for the purpose of promoting your
Photo and its submission to the Postmedia Sites. You irrevocably waive,
in Postmedia's favour any and all so-called "moral rights" in connection
with your Photo. You grant these rights and this waiver to Postmedia
free of charge.
2. You represent and warrant that:
a. you own or control all of the rights in and to your Photo. The rights
granted to Postmedia in this license, the Photo and every one of its
component elements are, wholly original with you and not copied in whole
or in part from any other work, and/or you have obtained all necessary
rights or licences in order to authorize use of your Photo for the above
purposes;
b. ou have the right to grant to Postmedia the rights granted to us in this
license. No further permissions, consents or payments are required from
or to, any third party in connection with the use by Postmedia of the
rights granted hereunder, there is (and will not be) any agreement with a
third party that may in any way interfere with Postmedia's rights under
this license, and such rights are and shall be free and clear of any and
all claims, rights and obligations whatsoever;
c. this license, and the Photo shall not be subject to the jurisdiction of
any guild, organization, corporation or collective in any jurisdiction
and no additional payment, royalties, or consent of any party are
required in connection with Postmedia's exercise of the rights granted in
this license. Without limiting what you have represented to above, you
have not previously assigned any or all of the rights in and to the Photo
to any guild, organization, corporation or collective or other person or
entity whatsoever; and
d. you are a resident of Canada.
3. Postmedia is the sole owner of all rights (including copyright) in the
Postmedia Sites and in this capacity shall have the right to use the Photo
in any manner in its sole discretion within the terms of this license,
including, but not limited to the right to edit your Photo to accommodate
publication requirements; and to add to, delete from, edit, alter and
otherwise combine the content with any other content in any manner and in
any media whatsoever.
4. You expressly and irrevocably release and forever discharge Postmedia, its
parent, subsidiary, affiliated and associated companies, and their
directors, officers, employees, agents, representatives, independent and
dependent contractors, licensees, successors and assigns of and from any and
all actions, causes of action, suits, proceedings, liability, debts,
judgments, claims and demands whatsoever in law or equity which you ever
had, now have, or hereafter can, shall or may have, for or by reason of, or
arising directly or indirectly out of, Postmedia's exercise of its rights in
this license, release and waiver.
5. You hereby agree to indemnify and hold harmless Postmedia, its partners,
their parent, affiliated and related companies, and all of their respective
individual shareholders, directors, officers, employees, licensees and
assigns from and against any claims, actions, losses and expenses (including
legal expenses) occasioned by any breach of your representations and
warranties or any other provision of this license, release and waiver.
6. You shall not have any right to terminate the permissions granted herein,
nor to seek, obtain, or enforce any injunctive or other equitable relief
against Postmedia, all of which such rights are hereby expressly and
irrevocably waived by you in favour of Postmedia.
7. You acknowledge having obtained independent legal advice in connection with
this license, release and waiver, failing which, you shall be deemed to have
voluntarily waived the right to seek such independent legal advice.
8. Certain portions of the Postmedia Site may run specific Photo submission
campaigns, promotions or contests which envision reproduction of your photos
in other publications or media. Certain portions of the Postmedia Site may
also provide services to which you may upload your Photos for private
viewing only (including but not limited to access by password and/or secure
link only). In addition to the general Terms and Conditions for Postmedia
Sites (including the Licence, Release and Waiver terms for Music, Photos and
User Content incorporated therein), any specific terms and conditions of
those services, campaigns, promotions or contests shall apply to those Photo
submissions and are incorporated into this licence. To the extent that there
is conflict between the provisions of those specific terms, this licence and
the general Terms and Conditions for Postmedia Sites, the provisions of the
specific terms and conditions of those Photo services, campaigns, promotions
or contests shall apply. Except as otherwise defined in this license or in
any specific terms and conditions of a Photo submission opportunity, any
capitalized terms shall have the meanings given to such terms in the general
Terms and Conditions.
SCHEDULE "C"
SUBMITTER CONTENT SUBMISSION LICENCE, RELEASE AND WAIVER
In consideration of Postmedia's agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any User Content materials to the Postmedia
Sites or Services and, possibly, to review, and potentially publish any such
materials submitted to Postmedia by you, and for other valuable consideration
the receipt and sufficiency of which are hereby expressly and irrevocably
acknowledged, you agree with Postmedia as follows.
1. You acknowledge that:
a. by posting, e-mailing, transmitting, uploading or otherwise submitting
any User Content to any Postmedia Sites or Services, you hereby
irrevocably grant and assign to Postmedia the unlimited right and
licence, for the full term of copyright or any extension thereof, to
copy, adapt, transmit, communicate, public display and perform,
distribute and create compilations and derivative works from such User
Content, and to publish, reproduce and otherwise use and exploit the User
Content in any manner and in any and all media, whether now known or
hereafter devised, throughout the world, without further compensation.
Postmedia shall be entitled to edit the User Content, and you hereby
waive in favour of Postmedia and its assigns, all "moral rights" in and
to the User Content. Nothing herein shall obligate Postmedia to use or
publish the User Content in any manner. The rights granted hereunder may
be freely assigned or sub-licensed by Postmedia to any third party.
b. Postmedia receives numerous submissions of ideas, stories and other
materials from other sources and, in addition, Postmedia creates, and/or
commissions others to create on Postmedia's behalf, such materials
(collectively the "Postmedia Materials"). The subject matter and
substance and/or other elements (collectively the "Elements") contained
in the Postmedia Materials may be similar to those contained in the User
Content submitted by you. You expressly and irrevocably understand,
acknowledge and agree that Postmedia is accepting the User Content at
your request, which request was and is deemed to have been made by you
after having been advised by Postmedia that there are or may be
pre-existing Postmedia Materials which may have one or more Elements
similar, or substantially similar, to those found in the User Content;
c. Postmedia shall be entitled to use the User Content you submit to
Postmedia without compensation or obligation to you; and
d. There is no relationship of any type created, including without
limitation any agency, or fiduciary relationship, as between you and
Postmedia, by virtue of the submission by you of the User Content to
Postmedia hereunder.
2. You hereby expressly and irrevocably release and forever discharge
Postmedia, its parent, subsidiary, affiliated and associated companies, and
their directors, officers, employees, agents, representatives, independent
and dependent contractors, licensees, successors and assigns of and from any
and all actions, causes of action, suits, proceedings, liability, debts,
judgments, claims and demands whatsoever in law or equity which you ever
had, now have, or hereafter can, shall or may have, for or by reason of, or
arising directly or indirectly out of, Postmedia's use of the User Content.
3. You represent and warrant that:
a. the User Content you submit, and each and every of its component
elements, are wholly original with you and not copied in whole or part
from any other work;
b. you have the full and complete right to grant the permissions given
hereunder to Postmedia, and that no further permissions are required
from, nor payments required to be made to any third party in connection
with the use by Postmedia of the User Content as contemplated herein; and
c. the User Content does not defame any person and does not infringe upon
the copyright, moral rights, publicity rights, privacy rights or any
other right of any person, or company, or violate any law or judicial or
governmental order.
4. You hereby agree to indemnify and hold harmless Postmedia, its partners,
co-producers, financiers and distributors, their parent, affiliated and
related companies, and all of their respective individual shareholders,
directors, officers, employees, licensees and assigns from and against any
claims, actions, losses and expenses (including legal expenses) occasioned
by any breach of your representations and warranties or any other provision
of this license, release and waiver.
5. You shall not have any right to terminate the permissions granted herein,
nor to seek, obtain, or enforce any injunctive or other equitable relief
against Postmedia, all of which such rights are hereby expressly and
irrevocably waived by you in favour of Postmedia.
6. You acknowledge having obtained independent legal advice in connection with
this license, release and waiver, failing which, you shall be deemed to have
voluntarily waived the right to seek such independent legal advice.
7. Except to the extent that they conflict with the license, release and waiver
terms of the upload of your Music, Photos, and/or User Content, the general
Terms and Conditions for use of the Postmedia Sites are also applicable to
your submission of User Content and such Terms and Conditions are
incorporated into this license. If those general Terms and Conditions
conflict with the terms and conditions of this license, release and waiver,
this license, release and waiver will govern. Except as otherwise defined in
this license, any capitalized terms shall have the meanings given to such
terms in the general Terms and Conditions.
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