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Terms of Service

PATTISON MEDIA LTD.

LEGAL NOTICE

Last Updated – June 2021

 

PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS (the “Terms”) CAREFULLY. Your (the “User”) access and use of this site (“Site”) constitutes your acceptance and compliance with the following provisions. If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree with these Terms, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.

 

Pattison Media Ltd. may update these Terms from time to time. You agree to review this page periodically to confirm your acceptance of the current operative version of these Terms.

 

 

TERMS OF USE - COPYRIGHT AND TRADEMARK

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of Pattison Media Ltd. or any of its subsidiaries, affiliates or divisions (hereinafter referred to as “Pattison”). All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

 

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, music, audio, video, software and other (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under Canadian copyright laws, international conventions and other copyright laws. Pattison owns the copyright in the Material original to it and in its selection, coordination, arrangement and enhancement of the Material.

 

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights in the Material.

 

By accessing the Material in this Site, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks.

 

Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. No User may use or manipulate any of Pattison’s or other's trademarks, services marks, logos or characters found on this Site.

 

LINKS

While it is not our policy to link to other sites in general, this site may contain links to third party websites from time to time. Third party sites are independently operated. Pattison makes no endorsements, warranties or representations of any kind whatsoever regarding those other sites and assumes no responsibility for content on third party sites. Any hyperlink contained on the Site is not to be construed as an endorsement or implication of any situation with said third party. Users link to and visit third party sites at Users’ own risk. Third parties may link to this Site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that Pattison is associated with or is endorsing the third party, its site or its products, without the express written consent of Pattison. Third party sites that link to this Site must not contain any content that may be reasonably construed as distasteful, offensive or controversial, and should contain content that is appropriate for all age groups. Pattison may withdraw a third party’s right to link at any time in its sole discretion.

 

RULES OF CONDUCT

User shall refrain from submitting any content to this Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes third party intellectual property laws or violates other laws, each in the reasonable opinion of Pattison. Users must not use the Site to solicit customers or sell products or services. Users may not use the e-mail service to send unauthorized or unsolicited e-mails, including but limited to “spam” or other commercial electronic messages. In the event of any violation of these Terms, Pattison may immediately terminate your use of the Site and User shall indemnify Pattison and its designees against any and all third party claims, if any, as a result. The use of this Site is subject to the Pattison Privacy Policy which is available on this Site.

 

FORUMS

"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this Site. If you participate in any Forum, you must not:

 

  • commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
  • defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
  • delete or alter any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
  • falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
  • advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
  • download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner; or
  • engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.

 

You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by Users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post, or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Users shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any User access to this Site without notice.

 

By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.

 

WAIVER OF RIGHTS

Users waive all rights to any stories, ideas, drawings, opinions and other materials posted on Pattison’s site. Furthermore, Users may only post materials which they alone have created or for which they have the full authority and license to comply with these Terms.

 

JURISDICTIONAL ISSUES

Without the express written consent of the owner of the Material, Users may not frame or otherwise incorporate into a third party site, any of the content provided herein. The materials used in this Site are presented for the purpose of promoting programs broadcast in Canada on Pattison’s CRTC licensed services or other services offered by Pattison. This Site is controlled and operated by Pattison in Canada with the approval of the copyright and trademark owners. We make no representation that the Materials in this Site are appropriate or available for use in other jurisdictions.

 

TERMINATION

This agreement is effective until terminated by either party, in which case this Agreement shall terminate except for provisions by which their nature are intended to continue following termination. For greater certainty, the continuing provisions include but are not limited to any licenses or rights granted to Pattison for Material posted on the Site, the limitation of Pattison’s liability hereunder, and the User’s indemnification of Pattison. User may terminate this agreement at any time by destroying all materials obtained from this Site. This agreement will terminate, without notice from Pattison if, in our sole discretion, User fails to comply with any term or provision hereunder. Upon termination, User must destroy all materials obtained from this Site and any and all copies thereof, whether made under these Terms or otherwise. User warrants that they shall refrain from submitting any content to this Site or Pattison which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, or violates intellectual property rights or any laws. In the event of any of the above, Pattison may terminate this agreement and User shall indemnify Pattison and its respective designees against any and all third party claims, if any, as a result.

 

DISCLAIMER AND INDEMNIFICATION OF PATTISON

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PATTISON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER, AND NOT PATTISON, ASSUMES THE ENTIRE RISK, LIABILITY, AND COST OF ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION STEMMING FROM THE USER’S USE OF THE SITE OR PATTISON’S SERVICES. PATTISON DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. PATTISON ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. PATTISON RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOR NOTICE.

 

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY PATTISON AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL PATTISON BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF PATTISON OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PATTISON’S LIABILITY TO A USER FOR DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS OR OTHER METHODS OF ACCESSING THE SITE ARE VIRUS-FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE. PATTISON NOTES THAT THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. PATTISON RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS AND RELATED DISCLAIMERS AT ITS CONVENIENCE.

 

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. Pattison’s failure to insist upon or enforce strict performance of any provision hereof shall not be construed as a waiver of any right on its part without an express written waiver confirming the extent of any such waiver.