Terms and Conditions
Welcome to The Canadian. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, The Canadian. By continuing to use us, or by submitting content for publication on The Canadian, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at agoracosmopolitan.com.
1. Thank you for visiting The Canadian National Newspaper ‘online’ edition, agoracosmopolitan.com. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any website or web page operated (collectively “website”) or provided by The Agora Cosmopolitan. The terms and conditions may be modified by The Agora Cosmopolitan from time to time in its sole discretion so please return to the terms and conditions from time to time to review them. Your use of the website means that you accept any and all changes. If you do not agree with any of the terms and conditions you may not use this website.
2. Agoracosmopolitan.com endeavours to include accurate and up-to-date information on its website. However, agoracosmopolitan.com offers no guarantees, express or implied, as to the accuracy or completeness of the information contained or referenced therein. All users accept that all access to and use of the website, and any site linked to the website, and the content thereof, is at their own risk. The website is operated in Canada in the province of Ontario. Agoracosmopolitan.com does not represent that content or materials presented on the website are appropriate or available for use in other locations or jurisdictions. If you access the website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.
3. Personal information from those who communicate with us online may be collected for the purpose of responding to specific questions, advising visitors of new online material, activities and events, internal research and offering opportunities for contributing to our website. Our web server recognizes consumer domain names for the purpose of analyzing website access and improving the content of our website.
Editorial policy on content
5. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) Our website (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Canada and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Canadian we may authorize such content to be distributed or syndicated to or published on other Agora Cosmopolitan branded websites.
6. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows: By mail: The Canadian, B.P. 24191, 300 Eagleson Rd., Kanata, Ontario, K2M 2C3 CANADA
By email: email@example.com
Trade and Service Mark Rights
7. All rights in the product names, company names, trade names, logos, product packaging and designs of Agoracosmopolitan.com or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Agora Cosmopolitan. or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this website confers on you any license or right under any patent, copyright or trademark of The Agora Cosmopolitan. or any third party.
8. This website may contain links to other services or sites (“Linked Services”). The Linked Services are independent of The Agora Cosmopolitan are not under the control of Agoracosmopolitan.com. The Canadian and its agents are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Agoracosmopolitan.com provides Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by The Canadian in favour of any company offering Internet services, products or services on the Linked Services.
Additional Agreement by Linked Services
9. Any third party website with permission that links to the website: shall not create a frame, browser or border environment around any of the content of the website; may link to, but not replicate, website content; shall not imply that The Canadian endorses or sponsors it or its products or services; shall not present false information about Agora Cosmopolitan. or its products or services; shall not use Agora Cosmopolitan and its. trademarks without the prior written permission from The Canadian. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the website, and to require termination of any link to the website, for any reason in our sole and absolute discretion.
Prohibited Uses and Obligations
10. You are required to comply with all applicable laws in connection with your use of the website and such further limitations as may be set forth below and in any written or on-screen notice from agoracosmopolitan.com. You may not use the website for any purpose that is unlawful or prohibited by the terms and conditions or that harms Agoracosmopolitan.com and its affiliates, its service providers, suppliers or customers.
11. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the website that: is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant Agora Cosmopolitan rights and licenses set forth to that content.
12. Agoracosmopolitan.com. reserves the right (but does not have the obligation) to review postings on the website, to remove any postings, and to terminate your ability to post to the website at any time without notice, in its sole discretion. Agoracosmopolitan also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
13. You are responsible for, and assume all liability associated with, any material you make available or transmit through the website, whether through chat rooms, messages boards or other forums, including liability for claims of infringement and defamation. You may not post, transmit through or otherwise make available on or through the Service:
(i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(ii) without the express written consent of the owner thereof, any copyrighted material; or
(iii) without the express prior written consent of AgoraCosmopolitan.com. any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose).
14. Although Agoracosmopolitan.com does not and cannot review every message posted on or transmitted through the website, Agoracosmopolitan.com has no obligation to permit any material posted or transmitted to remain on the website, and may remove from, or refuse to display on the website any material that Agoracosmopolitan.com., in the exercise of its sole discretion, believes violates the terms and conditions.
16. By posting or submitting Your Content to this Service, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by Agoracosmopolitan.com will not infringe or violate the rights of any third party or constitute violation of any applicable law.
Disclaimer of Warranties
18. THE WEBSITE IS PROVIDED “AS IS.” AgoraCosmopolitan.com. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. AgoraCosmopolitan.com. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CANADIAN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i)WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY AgoraCosmopolitan.com. OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
19. AGORACOSMOPOLITAN.COM CORP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
Limitation of Liabilities
20. IN NO EVENT WILL AGORA COSMOPOLITAN OR ITS AFFILIATES, OR ANY PERSON OR PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY SITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES) INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN AN ANY WAY RELATED TO THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE OR YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THE ABOVE SHALL APPLY EVEN IF THE CANADIAN OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
21. AGORACOSMOPOLITAN.COM RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
22. THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AGORA COSMOPOLITAN OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AGORACOSMOPOLITAN.COM‘S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AGORACOSMOPOLITAN.COM CORP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY.
23. Upon a request by Agoracosmopolitan.com, you agree to indemnify and hold harmless The Agora Cosmopolitan and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content you submit, post to or transmit through the website, your use of the website, your violation of the terms and conditions or your violation of any rights of another.
Choice of Law and Forum
24. This Agreement shall be governed solely by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of law rules. You expressly and irrevocably consent and agree to submit to the exclusive jurisdiction and venue of the courts in the Province of Ontario in all disputes arising out of or relating to the use of the Website. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST Agoracosmopolitan.com OR ITS AFFILIATES OR ANY THIRD PARTY RELATING TO THE WEBSITE, THESE TERMS AND CONDITIONS OR ANY RELATED MATER.
Severability and Integration
25. Except for other agreements you may enter into through use of a specific part of the Website, these terms and conditions constitute the entire agreement between you and Agoracosmopolitan.com and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Canadian.. If any portion of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The terms and conditions may be modified only by our posting on the website changes to the terms and conditions or by a subsequent writing signed by The Canadian.
26. The failure of The Canadian to enforce any provisions of the terms and conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any of the terms or conditions or to act with respect to similar breaches.
No Professional Advice
27. Any information supplied by any employee or agent of The Canadian whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the website, and does not constitute legal, tax, accounting or other professional advice and may not be relied on to base any claim or action. Individual situations and provincial laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. The Canadian makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the website.
28. The Canadian reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under the terms and conditions by Agoracosmopolitan.com.. The provisions of the terms and conditions survive the termination of your access to the website. You are prohibited from terminating your rights and obligations under the terms and conditions.
29. Refunds are not applicable to donations. We accept donations in Canadian Dollars.