This Agreement sets forth the terms and conditions which apply to the use by you of www.themagazine.ca (as defined below) and subscription service offered for sale by Community Programs Group and/or its affiliates (collectively, "Community Programs Group"). The right to use any product or service offered by Community Programs Group is personal to you and is not transferable to any other person or entity.
www.themagazine.ca shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by Community Programs Group on the World Wide Web. www.themagazine.ca consists of information services and content provided by Community Programs Group, affiliates of Community Programs Group and third parties.
Community Programs Group shall have the right at any time to change or discontinue any aspect or feature of www.themagazine.ca including, but not limited to, the MAG message board, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which maybe given by means including but not limited to, posting on the MAG message board a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such re visions.
3. Use of the www.themagazine.ca and the MAG message board
A. The MAG message board shall be used for lawful purposes only. No material shall be posted on or transmitted through the MAG message board which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable or otherwise violates any law. No conduct shall be undertaken that, in Community Programs judgment, restricts or inhibits any other user from using or enjoying the MAG message board. Advertising or commercial solicitation may be posted on or transmitted through the MAG message board but only with Community Programs prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Community Programs Group.
B. www.themagazine.ca and the MAG message boards contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of www.themagazine.ca are copyrighted as a collective work under Canada's copyright laws. Community Programs Group is the owner of the copyright in the entire www.themagazine.ca. Community Programs Group owns a copyright in the selection, coordination, arrangement and enhancement of such content, swell as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the www.themagazine.ca or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from www.themagazine.ca without the express permission of Community Programs Group and the copyright owner. In the event of any permitted copying, redistribution or publication of material from www.themagazine.ca, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on www.themagazine.ca owned by Community Programs Group shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither www.themagazine.ca materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Community Programs Group will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
C. You shall not upload, post or otherwise make available on the MAG message board any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. You hereby grant to Community Programs Group and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the MAG message board and/or any e-mail sent by you to The Magazine (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
E. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Community Programs Group considers to be offensive.
F. You shall provide Community Programs Group with accurate, complete and updated information provided by you at the time of registration.
G. The MAG message board contain links to other web sites, resources and advertisers. Community Programs Group is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Community Programs Group be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the MAG message board and all charges related thereto.
I. The foregoing provisions of this Section 3 are for the benefit of Community Programs Group, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
J. Community Programs Group has carefully designed www.themagazine.ca and the MAG message board with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of www.themagazine.ca and the MAG message board in any way that interferes with that purpose. In particular, Community Programs Group prohibits any party from displaying the content on www.themagazine.ca and the MAG message board in any format where third party advertising or other materials that Community Programs Group did not authorize is viewed or viewable together with Community Programs Group's proprietary content.
Community Programs Group shall have the right, but not the obligation, to monitor the content of www.themagazine.ca and the MAG message board to determine compliance with this Agreement and any other operating rules that may be established by Community Programs Group from time to time. Community Programs Group shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the MAG message board. Without limiting the foregoing, Community Programs Group shall have the right, but not the obligation, to remove any material that Community Programs Group, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Community Programs Group, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Community Programs Group nor any of its affiliates shall assume or have any liability for any action or in action by Community Programs Group with respect to any conduct within the MAG message board or any communication or posting on the MAG message board.
5. Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE MAG MESSAGE BOARD AND www.themagazine.ca IS AT YOUR SOLE RISK. NEITHER COMMUNITY PROGRAMS GROUP,ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.themagazine.ca WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.themagazine.ca OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE MAG MESSAGE BOARD.
B. www.themagazine.ca AND THE MAG MESSAGE BOARD ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANYDAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTERVIRUS, COMMUNICATION LINE FAILUR E, THEFT OR DESTRUCTION OR UNAUTHORIZEDACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOUSPECIFICALLY ACKNOWLEDGE THAT TIME INC. IS NOT LIABLE FOR THE DEFAMA TORY,OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL COMMUNITY PROGRAMS GROUP OR ANY PERSON OR ENTITYINVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.themagazine.ca BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGESARISING OUT OF THE USE OF OR INABILITY TO USE THE TI ME INC. SITES OR OUT OFTHE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OFTHIS SECTION 5 SHALL APPLY TO ALL CONTENT ON www.themagazine.ca AND/OR THE MAG MESSAGE BOARD. COMMUNITY PROGRAMS GROUP'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO COMMUNITY PROGRAMS GROUP.
E. COMMUNITY PROGRAMS GROUP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THEACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON www.themagazine.ca, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED COMMUNITY PROGRAMS GROUP EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL COMMUNITY PROGRAMS GROUP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON www.themagazine.ca AND/OR ANY POSTINGS ON THEMAG MESSAGE BOARD. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHERCONTENT AVAILABLE THROUGH THE www.themagazine.ca AND/OR THE MAG MESSAGEBOARD. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDINGTHE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.F. COMMUNITY PROGRAMS GROUP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH www.themagazine.ca AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITORANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. COMMUNITY PROGRAMS GROUP MAKES PRODUCTS OR SERVICES AVAILABLE ON www.themagazine.ca WITHOUT WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE ORIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
G. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY ORINVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIALADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER COMMUNITY PROGRAMS GROUP NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HA VE ANY LIABILITY FORINVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENTPROVIDED HEREIN. NEITHER COMMUNITY PROGRAMS GROUP NOR ITS THIRD PARTYCONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY,OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN www.themagazine.ca SHALL BE CONSTRUED AS INVESTMENT ADVICE. COMMUNITY PROGRAMS GROUP IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR ANDDOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless Community Programs Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the www.themagazine.ca and/or the MAG message board.
Community Programs Group shall have the right to immediately terminate this Agreement with respect to any user which Community Programs Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
All trademarks appearing on the www.themagazine.ca are the property of their respective owners, including, in some instances, Community Programs Group.
9. Subscription Services; Products
(a) Subscription Services. Community Programs Group makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to the subscription service offered by Community Programs Group on www.themagazine.ca (the "Subscription"):
A. Subscription Terms. The Subscription will continue until Community Programs Group receives notification of termination from you as described in subsection C below. You authorize Community Programs Group to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you subscribed for a term of one (1) year or more, you will be notified by Community Programs Group before the account designated by you is charged after the first term. You are responsible for any charges associated to connecting to www.themagazine.ca, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Community Programs Group with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
B. Changed Terms. Community Programs Group shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.themagazine.ca a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
(b) Products and Other Services. With respect to products and services offered for sale by Community Programs Group and third parties or through the www.themagazine.ca you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
This Agreement and any operating rules for www.themagazine.ca and the MAG message board established by Community Programs Group constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the province of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.