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Thank you for visiting Booked
ACTV
USER AGREEMENT
Thank
you for visiting ACTV. We hope you will enjoy our website.
The
Basics:
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No
swearing
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No
porn
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No
hate
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No
violence
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Respect
other people (and their opinions)
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Do
not sell products or services on this website
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ACTV
retains copyright to all content. No stealing.
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ACTV
is not responsible for any damage resulting from the website
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The
views of the members are not the views of ACTV
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No
lying
The
Details:
ACTV
is located at the URL www.getACTV.ca
Please take some time to familiarize yourself with these provisions.
By accessing our website you agree to be bound by these terms and
conditions.
Notice
to minors and parents/guardians: This
web site is designed to encourage the participation of children and
families. If you are under the age of majority in your province or
territory, please have your parent(s) or guardian(s) read the Code
of Conduct, Terms of Use, Membership Agreement and the
Privacy Policy on your behalf so that they can help you to
decide whether to use this site, and whether to submit personal
information and/or stories, comics and use the services on the
website including, watching webisodes, playing games, enjoying
podcasts. If you are the parent of a minor who wishes to use this
website and submit work, please explain these Terms of Use,
Membership Agreement the Privacy Policy and Code of
Conduct to your child and ensure they understand them before you
agree to allow them to proceed.
You
agree to provide proof of parental consent upon our request.
(1)
Membership Agreement, (2) Terms of Use and (3) Privacy Policy
This
User Agreement consists of: (1) Membership Agreement, (2) Terms of
Use, and (3) Privacy Policy and any posted Code of Conduct which is
incorporated by reference into this User Agreement (hereinafter
referred to collectively as the "Agreement"). This Agreement
governs your relationship with ACTV and describes the legally binding
terms for your use of the services and materials offered on
www.getACTV.ca (the "Website") whether you choose to become a
Member or just want to surf the Website. The services offered on the
Website include but are not limited to: the Website and any other
features, content, or applications offered from time to time in
connection with the Website (collectively, the "Services"). The
Services are hosted in Canada. You are only authorized to use the
Website and the Services if you agree to abide by all applicable laws
and to this Agreement. By using the Website and the Services you
agree to be bound by this Agreement, as updated and modified from
time to time, whether you are a "Visitor" (which means you simply
browse and search the Website) or you are a "Member" (which means
that you have registered with ACTV to become a Member). The term
"User" refers to a Visitor or a Member. If you register to
become a Member, you will be required to complete an online
Registration Form and Sections 1, 2 & 3 of this Agreement and the
Code of Conduct will apply to you. Even if you just want to explore
the Website, Sections 2 & 3 of this Agreement and the Code of
Conduct will apply to you. Either way we encourage you to review
this Agreement regularly, because we reserve the right to modify this
Agreement from time to time, and such modification shall be effective
immediately upon being posted on the Website. You agree to be bound
to any changes to this Agreement when you use the Website and/or the
Member Privileges (as defined in section 1.1 below) after any such
modification is posted.
Please
read this Agreement, including the Privacy Policy component,
carefully. If you do not agree with it, you should leave the Website
and discontinue your use of the Services immediately. If you wish to
become a Member and make use of the Services, you must read this
Agreement and indicate your acceptance by clicking "I AGREE"
during the registration process. In order to participate in certain
ACTV Services, you may be notified that you are required to download
software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions
applicable to the ACTV Services, those additional terms are hereby
incorporated into this Agreement.
Last
revised: June 13, 2008
The
ACTV Website may contain links to third party websites that are not
owned or controlled by ACTV. ACTV has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, ACTV will not and cannot
censor or edit the content of any third-party site. By using the
Website, you expressly relieve ACTV from any and all liability
arising from your use of any third-party website. Accordingly, we
encourage you to be aware when you leave the ACTV Website and to read
the terms and conditions and privacy policy of each other website
that you visit.
SECTION
1.0 - MEMBERSHIP AGREEMENT
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By
selecting "I Agree" during the registration process, you will
become a Member of ACTV with certain Member Privileges to access
certain Services such as saving and displaying or publishing your
content on the Website ("Member Privileges") for all other
Users to see, whether they are Members or not. You may choose your
Membership username but if your choice is already taken, or if
ACTV, in its sole discretion, decides yours is inappropriate,
another option will be suggested to you. Only Members can enjoy
Member Privileges and some or all of your Member Privileges can be
suspended for a time or indefinitely at ACTV's sole discretion.
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When
you become a Member and begin using the Member Privileges, you will
be asked to choose a password and will be provided password
protected access to your unique username. You will have an
opportunity to create and save content created by you on the
Website with certain information about yourself ("Member
Content"). Choose the information you post on the Website
carefully. For your own security, we strongly recommend that you
do not post any personal information, such as your full name or
home telephone number or home address or other personally
identifiable confidential information and use a nick name or first
name only to identify yourself to users of the Website. ACTV
reserves the right, but not the obligation, to delete any
personally identifiable confidential information about any Member
if it deems, in its sole discretion, such action to be in the best
interests of the Member. Notwithstanding the forgoing, you
acknowledge and agree that you are solely responsible for your
Member Content. Any Member Content posted on the Website is
subject to the terms and conditions of this Membership Agreement,
Terms of Use and the Privacy Policy.
1.3 By
becoming a Member and using Member Privileges you represent and
warrant that: (a) all Member registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are of the age of majority or otherwise capable
of entering into a legally binding contract under applicable laws or
have the authorization of your parent or legal guardian; and (d) your
Membership and use of Member Privileges does not violate any
applicable law or regulation. Your Membership to ACTV and any or all
of your Member Privileges may be terminated without warning if: (1)
we believe that you are under the age of majority and do not have the
consent of your parent or legal guardian to become a Member and use
the Member Privileges; or (2) you breach any of the terms and
conditions of this Agreement; or (3) your use of the Member
Privileges breaches any applicable law in Canada.
1.4 You
alone are responsible for keeping your personal Membership username
and password confidential, and you are responsible for any and all
activity that occurs on this Website under your password or
Membership username. You agree to immediately notify ACTV of any
suspected unauthorized use of your password or Membership username or
any other breach of security. ACTV will not be liable, directly or
indirectly, for any loss or damage of any kind incurred by you or
anyone else as a result of your failure to protect the
confidentiality of your password and/or Membership username.
1.5 Your
Member Content must abide by the Code of Conduct and must not include
any content or information that is perceived by ACTV as being
obscene, lewd, excessively violent, harassing, sexually explicit,
discriminatory or otherwise illegal or objectionable in nature, as
determined in the exclusive and complete discretion of ACTV. ACTV
reserves the right, in its sole discretion, to remove any Member
Content or to restrict, suspend or terminate your Membership at any
time, for any reason without prior notice and without liability. You
agree that ACTV has the right but not the obligation to monitor the
Website and Member Content, but ACTV nonetheless does not assume any
responsibility for your Member Content, for which you retain complete
responsibility. ACTV does not endorse any Member Content nor does
any Member Content posted on the Website necessarily reflect the
views and opinions of ACTV. ACTV makes no warranties, express or
implied, as to the Member Content, or to the accuracy or reliability
of the Member Content.
1.6 You
acknowledge and agree that ACTV owns all right, title and interest,
including copyright, in and to visual elements and graphics,
templates and other creative assets exhibited on the Website,
including any and all of same provided to Users, together with any
and all proprietary software, application or user interface featured
on the Website (collectively the "ACTV Assets"). Users shall not
own any right, title nor interest whatsoever in any of the ACTV
Assets. By saving your Member Content to the Website, any and all
rights in and to the Member Content, including ancillary and the
right to use your name, likeness, and Membership username, in all
media now know or in future devised in all territories of the world
and throughout the universe, and in all languages, are licensed by
you on a non-exclusive basis to ACTV at no charge and royalty free
for use, exhibition, distribution and exploitation on ACTV and other
related services or websites, television programs, print materials,
promotional spots and advertising, in perpetuity and you agree to
waive your moral rights in the Member Content as necessary to give
effect to this license.
1.7 ACTV
shall have the right to use (or not use), modify, edit, alter, remix,
juxtapose, compile, publish, display, reproduce, publicly perform,
broadcast, exhibit, promote, advertise, market, sub-license and
exploit the Member Content in any way it sees fit at its sole
discretion in perpetuity, and has the unfettered right to sub-license
such rights to any other party at its sole discretion. Users shall
have the non-exclusive, restricted and limited license to use the
ACTV Assets strictly for their personal, non-commercial use only.
Other than the express, strictly limited rights granted to Users
herein, User shall have no further right whatsoever to the ACTV
Assets.
1.8 You
represent and warrant that your Member Content is original to you and
is owned or licensed in its entirety by you at the time of the
contribution of the Member Content to the Website and that you have
the right to make the grant of license to ACTV described in this
Membership Agreement and you will indemnify and save harmless ACTV
and any and all of its directors, officers, employees, heirs and
assigns, shareholders, agents, funders and licensees, against any and
all claims brought or threatened by third parties who challenge this
representation and warranty, including, but not limited to, damages
and legal fees.
1.9 Your
Member Content must abide by the Code of Conduct and must not
include the following items: passwords, viruses, spyware, malware,
illegal software or any hyperlinks to same, and any images, audio or
video files containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit, illegal or otherwise objectionable
subject matter. Despite this prohibition, you represent and warrant
that you understand that information provided to you by other Members
might contain inaccurate, inappropriate, offensive or sexually
explicit material, products, viruses, malware or other programs, and
ACTV assumes no responsibility or liability for any such material
whatsoever. If you become aware of misuse of the Member Privileges by
any person, please contact
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1.10 You
agree to use this Website only for lawful purposes and in a manner
that does not infringe the rights of, or restrict or inhibit the use
and enjoyment of this Website by any third party, including other
Members and Users. Such restriction or inhibition includes, without
limitation, conduct that is unlawful or that breaches another
person's intellectual property rights or that may harass or cause
distress or inconvenience to any person and the transmission of
defamatory, pornographic, obscene or offensive content or disruption
or normal flow of dialogue within this Website.
1.11 ACTV
assumes no responsibility for monitoring the Website for
inappropriate Member Content or conduct. If at any time ACTV chooses,
in its sole discretion, to monitor the Website, ACTV nonetheless
assumes no responsibility for the Member Content and no obligation to
modify or remove any inappropriate Member Content or to deny access
by any Member, and no responsibility for the conduct of the Member
submitting any such Member Content.
1.12 You
agree to defend, indemnify and hold harmless ACTV, its respective
affiliates, officers, directors, employees, shareholders, heirs and
assigns, agents, funders and licensees from and against any and all
costs, claims, fines, penalties, demands, investigations,
liabilities, losses, damages, judgments, settlements, costs and
expenses, including reasonable legal and accounting fees arising out
of or in connection with your Member Content or your (or anyone
acting under your password or Membership username) use of this
Website, or any alleged violation by you of any of the terms
contained in this Agreement. Notwithstanding the foregoing, ACTV
retains the exclusive right to defend, settle, and pay any and all
claims, demands, proceedings, suits, actions or causes of actions
which are brought against ACTV and in no event shall you settle any
such claim without our prior written approval.
SECTION
2 - TERMS OF USE
2.1 Members
and non-Member Visitors are welcome to visit and enjoy the Website,
provided that: (i) you may only do so for personal, informational,
educational, entertainment, non-commercial purposes; and (ii) you may
not modify or alter the Website or Member Content in any way. Except
where your use constitutes "fair use" or "fair dealing"
under copyright law, you may not otherwise use, download, upload,
copy, print, display, license, perform, reproduce, post, publish,
distribute, transmit, submit or otherwise make available any
information, Member Content or the Website in whole or in part
without the express written authorization of ACTV.
2.3 ACTV,
at its sole discretion, reserves the right to unilaterally remove
from the Website any material that it deems to be racist,
pornographic, defamatory, harassing or otherwise offensive, unlawful
or illegal.
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The
Website may contain hyperlinks to other World Wide Web sites which
are owned and operated by unaffiliated third parties ("Other
Site(s)"). The hyperlinks to Other Sites are offered as a
convenience, and do not constitute an endorsement by ACTV of any
Other Site, its resources, or its content. ACTV will not be liable
and makes no warranty or representation whatsoever as to the
accuracy, timeliness and/or completeness of the information
contained on such Other Sites. You acknowledge and agree that your
dealings with any third parties, including any merchants or
advertisers linked to the Website, including payment for and
delivery of goods and services, and all other terms, conditions,
representations and warranties related to such dealings, are solely
between you and such third parties. You agree that ACTV will 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 may have with any such Other Site(s).
ACTV reserves the right to deny or revoke permission to link to the
Website from any Other Site for any reason in our sole discretion.
2.5 ACTV
owns all right, title and interest, including without limitation all
intellectual property rights, and all derivative works or
enhancements thereof, relating to the Website (and any derivative
works or enhancements thereof), including but not limited to all
information, content, materials, products, services, URLs, software
and technology. You shall not acquire any right, title or interest
therein, except for the limited use rights expressly set forth in
this Agreement. Any rights not expressly granted herein are deemed
withheld.
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This
Website is provided on an "as is" and "as available"
basis. ACTV disclaims all warranties, express or implied,
including, but not limited to, implied warranties and conditions of
merchantability, fitness for a particular purpose, and
non-infringement of any rights of any third parties or any laws.
ACTV does not warrant that the functions contained in the website
or any content contained therein will be uninterrupted or
error-free; that defects will be corrected; or that the website or
the servers that make it available are free of viruses or other
harmful components. ACTV shall not be liable for any direct,
indirect, incidental, special or consequential damages that may
result from or in connection with the use of, or the inability to
use, or from any errors or omissions contained on, the website or
any content or service therein. Applicable law may not allow the
limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. In no circumstance will liability exceed the amount
paid for a given service.
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The
laws of the Province of Alberta and the applicable laws of Canada
shall govern the usage of This Website notwithstanding any conflict
of laws, provisions or your domicile, residence or physical
location. You consent and submit to the jurisdiction of the courts
of the Province of Alberta in any action or proceeding instituted
under or related to this agreement.
SECTION
3 - PRIVACY POLICY
3.1 ACTV
has created this privacy policy which governs
how ACTV gathers, stores, and uses
information that is collected from users of this Website (hereinafter
referred to as the "Policy"). Please take some time to
familiarize yourself with the Policy. This Policy may be amended from
time to time to reflect changes and additions to the privacy policy.
You are responsible for checking for changes to the Privacy Policy.
By accessing our Website you agree to be bound by our Privacy Policy.
If you do not agree with the Policy, please do not use this Website.
Collection
and Use of Information
3.2 ACTV
collects three kinds of information from its
users: Personally Identifiable Information, Individual Information
and Aggregate Information. For your understanding, descriptions of
the above terms are provided below.
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"Personally
Identifiable Information" is information such as a user's
name, email address, physical address, or other such data that
enables the recipient to personally identify the user.
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"Aggregate
Information" is information that describes habits, usage
patterns, and demographics of users as a group, but does not
describe or reveal the identity of any particular user.
To
register as a Member and use the Member Privileges, you may provide
ACTV with your age, gender, valid email
address, and location. This kind of information is Personally
Identifiable Information as defined below;
Personally
Identifiable Information
3.3 ACTV
does not automatically collect Personally
Identifiable Information from its users. ACTV will
only collect and use Personally Identifiable Information after the
user has voluntarily agreed to such collection and use when that user
chooses to register to become a Member, by clicking on "I Agree"
on the online registration form. ACTV collects
Personally Identifiable Information for such purposes as allowing
users to fill out contest entry forms and subscribe to certain
services provided by this Website; be informed of programming changes
and new content on our Website or related websites; and/or be
informed of contests carried on by us or our business partners and
ensuring that the information, promotions, events, contests and
advertising sent to you meet your tastes and areas of interest.
Users can discontinue their Membership by sending an email to us.
After the user relinquishes their Membership, the Personally
Identifiable Information of that user will be removed from our
distribution lists and databases. ACTV may
release Personally Identifiable Information to comply with court
orders or laws that require us to disclose it.
3.4 In
compliance with COPPA, ACTV will
not collect Personally Identifiable Information from any person under
the age of 13. ACTV encourages parents
to instruct their children never to give out personal information
when online. Parents and legal guardians can request disclosure of
all of the personally identifiable information that has been
collected on their children. In order to verify the identity of the
parent or guardian, ACTV requires all requests for access to personal
information be sent by mail, and to include a valid form of
identification we can use to check that the person requesting the
information is in fact the child's parent or legal guardian. Once
verified, parents can request disclosure of all of the personally
identifiable information that has been collected on their child(ren),
and they can also request the deletion of that information. Note that
certain personal information is mandatory in order for users to
access everything offered at ACTV, and the deletion of information
such as a valid email address will cause users to lose access
privileges such as saving their creations.
Individual
and Aggregate Information
3.5 By
using the site, you agree that ACTV may collect Individual
Information and Aggregate Information and may disclose this
information to other parties. This information may be used to improve
ACTV's productions and websites, for internal marketing studies, or
simply to collect demographic information about ACTV members. ACTV
may conduct surveys to collect Individual and Aggregate Information.
Surveys generally deal with our website, our products or other
related products. We may ask for certain information but we will not
ask for any information that would identify the participant in our
survey. We may collect the information, compile it and post the
results. We may post sample answers to surveys but we will not post
any personal information.
Storage
and Security of Information
3.6 Personally
identifiable information and individual information will be processed
and stored by ACTV in databases hosted in Canada. ACTV has taken
reasonable steps to protect the information users share with us,
including but not limited to setup of processes, equipment and
software to avoid unauthorized access or disclosure of this
information.
Cookies
3.7
ACTV may use cookies to enhance your experience on the website. For
example, we may use a cookie to store your member ID so that you
don't have to enter it each time you come to the site. We do not
use cookies for tracking purposes. No personal information is ever
held in cookies. Cookies may be used by third party ad brokers
running advertisements on this website. By using this website you
agree to ACTV collection and use of non-identifiable information
collected by cookies on our website.
Communication
3.8 When
you subscribe to ACTV, you may receive informational e-mail messages
from ACTV. If you wish to stop these e-mails, you may terminate your
ACTV membership by sending us an e-mail. Note that termination of
membership will affect users' experience of ACTV.
Linked
Websites
3.9 This
website may be linked to websites under the control of ACTV and which
comply with this Policy. However, this website may also be linked to
other websites that are not under the direct control of ACTV and
required to have their own privacy policies. ACTV is not responsible
for and will not be held liable for any procedures, policies or
activities of any website linked to this website that are owned and
controlled by third parties. ACTV is in no way acting as a publisher
or disseminator of the material contained on those other sites and
does not control the content of such sites. A link to another site
does not mean that ACTV is affiliated or associated with such other
site or is authorized to use any trademark, trade name, logo or
copyrighted symbol shown at that other site.
3.10 Visitors
should ensure that they inform themselves of the privacy policies of
any websites they visit and hereby acknowledge that you use any
websites linked to this website that are not under the direct control
of ACTV entirely at your own risk. Anyone who wishes to link to our
website may write to us to request a link. We will provide you with
further information on the terms and conditions of linking to our
website.
Corrections,
Updates, and Removal of Information
3.11 If
you are concerned about the accuracy of personal information
maintained by ACTV, please contact us for review, update, or removal
of personal information.
Contact
E-mail
us at
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for any questions you may have about the User Agreement.
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