THIS AGREEMENT WAS LAST UPDATED ON, April 15, 2012.
YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THIS WEB SITE. PLEASE READ OUR AGE REQUIREMENTS IN SECTION 3.2 OF THIS AGREEMENT UNDER WHICH PARENTAL CONSENT MAY BE REQUIRED UNDER CERTAIN CONDITIONS.
PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW BEFORE PROCEEDING.
KelownaNow.com herein referred to as “Web Site”) is owned and operated by Now Media Inc.
We built the Web Site to make it easy to share information with your friends, peers and people in your community. The goal of the Web Site is to create content that is a reflection of the Kelowna Community, and as such, the Web Site is open and available for you to join as a member, add, comment, write, and post much of the content in the website – and in-fact your open use of the Web Site is encouraged. As such, you provide us with personal information to have access to the site, and we provide you with a sounding board for your opinions, events, businesses, classifieds and news. The following is an agreement between the members of the Web Site, and the Web Site owned by Now Media Inc.
This agreement governs your use of this web site and all of its affiliated web sites and the services they provide (collectively, the “Web Site”). Please read it carefully before using the Web Site. By using the Web Site, you are consenting to the terms and conditions of the Agreement. If you do not consent to the terms and conditions of the Agreement, then do not use the Web Site. Now Media Inc. may modify the terms and conditions of the Agreement at anytime. In such event, Now Media Inc. will post the modified terms on the Web Site. The Web Site is controlled and operated by Now Media Inc. and is intended for Canadian users only. Now Media Inc. makes no representation that the materials on the site are appropriate or available for use in other locations. If you access the Web Site from any non-Canadian territory, you do so at your own risk and are responsible for compliance with any local laws.
We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Web Site updates. Your personal information will not be released to any third party. The list of Web Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of Now Media Inc. for any reason. Any information you may receive from a third party via the Web Site, will be facilitated and sent through Now Media Inc., not through the third party. Any Content which is provided to the Web Site, however, is deemed a grant to Now Media Inc. of a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Furthermore, Now Media Inc. shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Now Media Inc. harmless if any such Content submitted is in violation of any such rights.
Personal information submitted by users to the Now Media Inc. website may be employed for the purposes of maintaining the integrity of the website and its contents, contacting our users when necessary, and improving the quality of service provided by the Web Site. Now Media Inc. servers also collect information specific to how you use the Internet. Now Media Inc. servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the site's integrity and improving our service. Now Media Inc. may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Web Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
Now Media Inc. will employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web Site(s); or to protect our company and our Members. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
In this Agreement, “you” and “your” refer to the user of the Web Site. The words “we,” “our” and “us” refer to Now Media Inc. and the Web Site. “Agreement” refers to the terms and conditions stated below, or as amended by us from time to time.
The Web Site includes a wealth of local news and event information, including comments, opinions, articles, advertisements, graphics, photographs, videos, forms and forums (collectively “Content”). We provide such Content as a service to our users; however, it is not intended to serve as a substitute for any professional advice, such as legal advice. We urge you to seek advice from a competent professional before taking any action based on the Content contained on the Web Site. Now Media Inc. strives to provide you quality Content; however, we make no representation as to the accuracy, completeness, timeliness or suitability of such information. It is your responsibility to evaluate the information contained on this site. Now Media Inc. will not be liable for any damages resulting from your use of the information on our Web Site.
3.1 The Content available through the Web Site is property of Now Media Inc. This Content is protected by trademark, copyright, and other intellectual property laws. Information received through the Web Site may be reformatted, displayed, and printed for your personal, non-commercial use on the condition that you do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein. You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Web Site, or access to the Web site. You agree not to create or establish, or direct any other person to create or establish:
(I)a hyperlink, including but not limited to any deep link, to any page or location on the Web Site; or
(II)a frame containing any portion of the Web Site, on any other web site or text document with hyperlink capabilities. You are, however, free to establish a hypertext link to the main or top level web page of the Web Site from your home page, or utilize the RSS feed from the local news, provided that the link properly attributes the Web Site to Now Media Inc. and does not imply any sponsorship of your site by Now Media Inc. or vice versa. You may not, however, create a link that incorporates or relies upon, in whole or in part, any content from any page on the Web Site, or that incorporates any copyrights, trademarks, or other intellectual property of Now Media Inc. unless you obtain the prior written consent of Now Media Inc. Requests for permission to establish links to this site may be sent via email to [email protected] or to Now Media Inc. at the address listed below.
3.2 Important Age Requirements
By continuing to use the Web Site, you hereby represent to Now Media Inc. that you are 13 years of age or older. No one under age 13 may provide any personal information to or on the Website. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you are under 18 years of age, you may need to obtain the permission of your parent(s) or legal guardian to use the Web Site. We strongly suggest that you check your local, province, country or regional legal restrictions that may be applicable to your use of the Web Site.
4. Modifications to Web Site
Now Media Inc. reserves the right to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Now Media Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site. The information and materials contained on the Web Site are subject to change.
5. Links to Third Parties
The Web Site contains links to web sites created and maintained by third parties. Now Media Inc. has no control over such third-party sites, and therefore is not responsible for the content of any such third-party sites, or the content of any site linked to such third party sites. Now Media Inc. does not particularly endorse or recommend the content, products or services provided by any such third party web sites. Now Media Inc. shall not be liable for any damage or loss caused by or in connection with the use of or reliance on any such content, products or services available on or through such third party web sites.
6. News, Events, Comments, and any other Submissions
6.1 The Website encourages submissions to almost any aspect of our website. As a Content driven site directly related to your community, you are welcome to post any events, news items, photos, comments, classifieds or businesses. You acknowledge and agree that if you submit any Content to the Web Site you will be solely responsible for such Content. Now Media Inc. will not be liable in any way for any such Content submitted. You further agree that you will not:
(I)Submit any Content, which is harassing, abusive, threatening, harmful, libellous or defamatory, encourages conduct that could constitute a criminal offence or give rise to civil liabilities, or is unlawful in any other way.
(II)Submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
(III)Submit any Content which contains a virus or other harmful components;
(IV) Engage in activity that interferes with or disrupts the use of the Web Site by other users;
(V)Submit any Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
(VI)Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
(VII)Make use of any Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.
6.2Now Media Inc. does not pre-screen, monitor or edit the Content posted or submitted to the Web Site. However, Now Media Inc. reserves the right to edit, limit or remove any such Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any Content you submit or post.
6.3Now Media Inc. may establish procedures and practices relating to the use of and participation in the Web Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of Content submitted at any given time and the number of days content will be saved before deletion. Now Media Inc. will not be responsible for any Content deleted by Now Media Inc. or otherwise, or for your inability to submit any Content.
6.4By submitting Content to the Web Site, you grant Now Media Inc. a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Further, Now Media Inc. shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Now Media Inc. harmless if any such Content submitted is in violation of any such rights.
6.5When participating in any publicly posted Content on the Web Site, you may be exposed to Content that is inaccurate, incomplete or unsuitable. The nature of the site is to allow opinions and ideas, of course, without infringing on others rights. Please notify Now Media Inc. (with the contact information posted at the bottom of this document) of any illegal or inappropriate Content, and Now Media Inc. will take according action. Now Media Inc. will ensure that any offending comments are removed, and take action against the offender. Now Media Inc. will not be responsible for the Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
6.6In consideration of Now Media Inc.’s continuing efforts to enhance and improve the Web Site and its associated products and services and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, or techniques to Now Media Inc. without any compensation in return. You also agree to execute any and all documents that Now Media Inc. may reasonably request in connection with confirming Now Media Inc.’s ownership of and unlimited right to use such ideas, concepts, know-how, and techniques.
6.7When submitting ANY Content in ANY form to the Web Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Web Site will:
(I)violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
(II)be libellous or contain libellous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
(III)disparage the products or services of any third party; or
(IV)contain any personal information (other than your user name).
7. Disclaimer of Warranties
Now Media Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material contained on the Web Site. Now Media Inc. disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect to the Web Site. Now Media Inc. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on or thorough the Web site. The fact that a document is available on the Web Site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. Now Media Inc. has no duty or policy to update any information or statements contained on the Web Site, and therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on the Web Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without updates to either the Content on the Web Site or the Software and other products provided on the Web Site.
THE PRODUCTS OR SERVICES OFFERED ON THE SITE ARE PROVIDED OR LICENSED “AS IS” WITH NO WARRANTIES WHATSOVEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PRORIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Now Media Inc. DISCLAIMS ANY WARRANTIES FOR SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Now Media Inc. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE WEB SITE. Now Media Inc. SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGHT THE USE OF THE PRODUCTS AND SERVICES OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO OR CLAIMS IN RESPECT THEREOF, INCLUDING WITHOUT LIMITATION, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
8. Limitation of Liability
IN NO EVENT WILL Now Media Inc., OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY AND LOSS OF USE, ARSISING IN CONNECTION WITH THE WEB SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE, EVEN IF Now Media Inc., OR AFFILIATES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN ADDITION, IN NO EVENT WILL Now Media Inc. BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, ANY PROVIDER OF TELECOMMUNICATIONS SERVICES, INTERNET ACCESS OR COMPUTER EQUIPMENT OR SOFTWARE OR FOR ANY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD OR OTHER NATURAL DISASTER, WAR, RIOT, STRIKE, ACT OF CIVIL OR MILITARY AUTHORITY, EQUIPMENT FAILURE, COMPUTER VIRUS, OR FAILURE OR INTERRUPTION OF ELECTRICAL, TELECOMMUNICATIONS OR OTHER UTILITY SERVICES.
You agree to indemnify and hold harmless Now Media Inc. and its affiliates and subsidiaries from and against any claims arising out of or relating to:
(I)Content you submit, post to, or transmit through the Web Site;
(II) Your connection to the Web Site;
(III)Your violation of this Agreement; or
(IV)Your violation of any rights of any person in connection with the Web Site.
The terms of this Agreement may be amended by Now Media Inc. from time to time. In such event, Now Media Inc. will post the amended terms on the Web Site. If you use the Web Site after we post such a change on the Web Site, it will constitute your agreement to the revised terms. You may terminate this Agreement by not using the Web Site if you do not agree with any such amendment.
Now Media Inc. may suspend or terminate your use of the Web Site at any time, without notice for any reason and accordingly deny your access to the Web Site. Now Media Inc. has sole discretion in determining whether to terminate your access to the Web Site. You may also terminate your own use of the Web Site by refraining from using the Web Site. Upon the termination of your use of this Web Site, whether termination is by Now Media Inc. or according to your own discretion, you must promptly remove, delete, or destroy all materials downloaded or otherwise obtained from the Web Site, as well as all copies of such materials, whether made under the terms of the Agreement or otherwise.
You may not assign the Agreement to any other party. Now Media Inc. may assign the Agreement to any current or future, directly or indirectly, affiliated company and to any successor of Now Media Inc. Now Media Inc. also may delegate certain rights and responsibilities under the Agreement to independent contractors or other third parties.
This Agreement constitutes the full agreement between you and us related to the use of this Web Site. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. We may choose not to exercise or to delay enforcement of any of our rights under this Agreement without losing them. Use of the Web Site will constitute your signature to this agreement and evidence that you have read, understand, accept and agree to the terms of the Agreement. You may print a copy of this Agreement for your records.
The Content on the Web Site is protected under Canadian, U.S., and foreign copyright, trademark and other laws. All the Content is the property of Now Media Inc., its content suppliers, or its affiliates. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.