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TERMS OF USE
TERMS
OF USE
THE
DETAILS
Welcome
to the website of Active Citizens Television ("ACTV"). ACTV
provides you access to the getACTV.ca website ("Site"),
and the information and other materials available on and through the
Site, subject to your compliance with the terms and conditions set
forth below ("Terms of Use"). Your access to and use of the
Site is subject to the following terms and conditions and all
applicable laws. By accessing and browsing our Site, you accept
without limitation or qualification, these terms and conditions. If
you do not agree to them, please DO NOT USE THIS SITE. Your continued
use of our Site evidences your agreement to be bound by each of the
Terms of Use and our Privacy Policy, and constitutes a legally
binding contract between you and ACTV. ACTV respects the privacy
concerns of our website users and future viewers. For information
concerning the collection and use of information by ACTV, please
refer to our Privacy Policy.
REGISTRATION
You
agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Site's registration
form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or ACTV has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, ACTV has the right to suspend
or terminate your account, and refuse any and all current or future
use of the Site (or any portion thereof).
You
will create a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify ACTV of any unauthorized
use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session. ACTV will not be responsible or liable for any loss or
damages arising from or in connection with your failure to comply
with this requirement.
ACTV'S
INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENCE
All
text, graphics, multimedia content or other material that you see or
read on this website and all related code (the "Materials")
is owned or being used with permission by ACTV, and may not be used,
except as provided in these Terms of Use. You may download one copy
of the Materials on any single computer for your personal,
noncommercial use, provided you keep intact any copyright and other
proprietary notices on the Materials, and do not modify the Materials
in any way. You may not modify, re-use, re-post, or use the Materials
for public or commercial purposes, without ACTV's written permission.
Without limiting the foregoing, you agree not to use the Materials
for any other use or purpose. You further agree that you will not,
and will not attempt to, copy or distribute the Materials, in whole
or in part, to any other party unless specifically permitted by ACTV
or otherwise violate the single computer, non-commercial,
non-transferable, non-exclusive, limited licence, revocable at ACTV's
discretion, granted hereunder.
COPYRIGHT
& TRADEMARKS & SERVICE MARKS OF OTHER PARTIES
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 trade-marks and the sole and exclusive
property of ACTV. All other names, titles, logos and designs
appearing on this Site are the property of their respective owners.
This
Site contains copyrighted material, trade-marks and other proprietary
information, including, but not limited to, text, photographs,
graphics, images, illustrations, audio, video and software
(collectively, the "Material") and the entire contents of
this Site also are protected by copyright as a collective work and/or
compilation under the Canadian copyright laws, international
conventions and other copyright laws. We own the copyright in the
Material original to us and in our selection, coordination,
arrangement and enhancement of the Material. Third-party content
providers own the copyright in content that is original to them. "
ACTV", the " ACTV logo", as well as other marks that
may appear on the Site ("Marks"), are the service and
trademarks of ACTV. All other trademarks, service marks and logos
used on this Site, with or without attribution, are the trademarks,
service marks or logos of their respective owners. Without ACTV's
written permission, you agree not to display or use, in any manner,
the Marks. In addition, elements of the Site are protected by other
Federal and Provincial intellectual property laws, and may not be
copied, reproduced, downloaded or distributed in any way, in whole or
in part, without the written permission of ACTV.
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 by downloading ant
Material. The use of the Material on any other web site is
prohibited.
LINKS
& OTHER SITES
This
Site contains links to pages on other sites, and those sites may
offer products, services or other resources. Because ACTV has no
control over such sites and resources, you acknowledge and agree that
ACTV has no responsibility for the accuracy of information provided
by or availability via other sites. Links to external sites do not
constitute an endorsement by ACTV of the sponsors of such sites or
the content, products, advertising, or other materials presented on
those sites. ACTV does not author, edit or monitor these pages or
links. You further acknowledge and agree that ACTV is not responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on these other sites or
resources.
We
reserve the right to disable links to and from this Site.
ACTV
hereby grants you a non-exclusive, limited license, revocable at
ACTV's discretion, for you to link to ACTV's home page from any site
you own or control that is not commercially competitive to ACTV, and
does not criticize or otherwise injure ACTV, so long as the site
where the link resides, and all other locations to which such site
links, comply with all applicable laws, and do not in any way abuse,
defame, stalk, threaten, or violate the rights of privacy, publicity,
intellectual property or other legal rights of others or, in any way,
post, publish, distribute, disseminate or facilitate any
inappropriate, infringing, defamatory, profane, indecent, obscene or
illegal/unlawful information, topic, name or other material. Such a
link is not an endorsement of such other site(s) by ACTV. All of
ACTV's rights and remedies are expressly reserved.
INFRINGEMENT
COMPLAINTS
ACTV
respects others' intellectual property rights, and has made every
effort to secure appropriate clearances for all proprietary
intellectual properties that ACTV directly makes available on the
Site, and we ask our users to do the same. ACTV may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who it suspects to be infringers. If you believe
any material on the Site, either posted by ACTV, our users or any
other party, is infringing, please contact ACTV at the e-mail address
below.
You
may notify ACTV of alleged intellectual property rights infringement
by contacting us at
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.
DO
NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS
OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT
RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS
TO THAT CONTACT. All other correspondence should be sent to
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.
If
your notification involves infringement of copyright, intellectual
property, or trademark rights, please include the following
information in your notice:
-
Identification
of the work(s) claimed to have been infringed and a statement of
ownership to such work(s);
-
Identification
of the material that is claimed to be infringing or to be the
subject of infringing activity, and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit us to locate the material;
-
Information
reasonably sufficient to permit us to contact you, such as an
address, telephone number and e-mail address at which you may be
contacted;
-
A
statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent or the law;
-
A
statement, under penalty of perjury, that the information in the
notification is accurate and that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed; and
-
Your
physical or electronic signature.
USER
CONDUCT & SUBMISSIONS
While
we are looking forward to receiving your materials when we
specifically ask for them, it is our company policy not to accept or
consider content, information, ideas, suggestions or other materials
("Submitted Materials") other than those we have
specifically requested and then subject to any specific terms,
conditions and requirements that may apply thereto. This is to avoid
any misunderstandings if your ideas are similar to those we have
developed or are developing independently. Accordingly, you agree
that any communication or Submitted Material you do transmit to us by
electronic mail or otherwise will be treated as non-confidential and
non-proprietary. ACTV does not claim ownership of any communication
or material you submit or make available for the Site, and you are
entirely responsible for everything you upload, post, e-mail or
otherwise make available on the Site; provided, however, that by
uploading, posting, e-mailing or otherwise making available any
communications or Submitted Material on the Site, you hereby
irrevocably grant ACTV a worldwide, royalty- free, fully paid,
restriction free perpetual license from the date you provide us with
your Submitted Material to distribute, reproduce, copy, record,
modify, add to, combine with other materials, remove, adapt, publicly
perform, publicly display, sublicense, freely assign, create
derivative works from and otherwise use and exploit any of same, or
any part thereof, in any medium now known or hereinafter known, in
any language and by any means or manners now or hereafter developed.
Further, you hereby grant ACTV an option to acquire the right to
broadcast, exhibit or otherwise distribute the Submitted Material in
all media throughout the world in perpetuity (the "Option"),
which ACTV may exercise at any time from the date you provide us with
Submitted Material. You also agree that ACTV may disclose any of
same, or any part thereof, to any third party for any reason,
including without limitation, if disclosure is required or is
reasonably necessary to comply with the law or any legal process, or
any law enforcement request, to enforce ACTV's rights, to analyze or
respond to third party claims or generally protect ACTV and its
users. Furthermore, ACTV is free to use any ideas, concepts, know-how
or techniques contained in any communication or Submitted Material
you submit to us for any purpose, at any time, and without any
remuneration or obligation to you. Any modification of this
Submission policy must be in writing and signed by an authorized ACTV
signatory. The rights granted by you hereunder may not be terminated,
revoked or rescinded and are not subject to any reversion. ACTV has
no obligations to post or otherwise make use of any Submitted
Materials.
You
may not post, upload or transmit to the Site, or to the ACTV servers,
any communications, text, graphics or other information or Materials
that: (1) is unlawful, obscene, fraudulent, indecent or that defames,
abuses, harasses, or threatens others, or is hateful, or racially,
ethnically or otherwise objectionable; (2) contains any software
viruses, Trojan horses, worms, bombs, or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment or that may damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system,
data, or personal information; (3) advocates or encourages any
illegal activity; (4) infringes on the copyright, patent, trademark,
trade secret, right of publicity or other intellectual property,
proprietary, contracted, personal or other right of any third party;
(5) violates the privacy of individuals, including other users of the
Site; or (6) violates any applicable local, provincial, national or
international law. You agree not to use bots, spiders or intelligent
agent software (or other methods) for any purpose other than
accessing publicly posted portions of the Site and then only for the
purposes consistent with the limited license hereunder and these
Terms of Use. You agree not to, or attempt to, circumvent any access
or use restrictions, data encryption or content protection related to
the Site; not to data mine the Site and not to in any way cause harm
to or burden the Site. You agree that you will not post on or
transmit through the Site any advertising or commercial solicitation
of any kind whatsoever, including, without limitation, via e-mail or
chat, without ACTV's express prior written approval and, if then,
solely in accordance with the terms and conditions imposed by ACTV
with respect thereto. You further agree not to use the Site, or any
element or portion thereof (including, without limitation, e-mail
addresses of users), for any commercial purpose whatsoever.
DISCLAIMER
OF WARRANTIES & LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS
PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
CURRENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.
IN
ADDITION, ACTV DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE
IS DONE AT YOUR OWN DISCRETION AND RISK.
UNDER
NO CIRCUMSTANCES WILL ACTV BE LIABLE IN ANY WAY FOR ANY MATERIAL,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA
THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT
USE THE SITE.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ACTV,
ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS,
ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS,
ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE
RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE
INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE,
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE
SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED
WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF
THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE AND/OR SITE-RELATED MATERIALS (WHETHER IN TORT,
NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE) IS TO
STOP USING THE SITE.
GOVERNING
LAW & JURISDICTION
This
Site is controlled by us from our offices within the Province of
Alberta, Canada, and is intended for users who reside within North
America. We make no representation that materials on this Site are
appropriate or available for use in any particular location. Those
who choose to visit and use this Site do so on their own initiative
and are responsible for compliance with local laws.
These
terms and conditions of use shall be governed by and construed in
accordance with the laws of the Province of Alberta, without regard
or giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to
these terms and conditions of use shall be filed only in the
provincial or federal courts of Edmonton, Alberta, and you hereby
consent and submit to the exclusive personal jurisdiction of such
courts for the purposes of litigating any such action. You
irrevocably agree that any and all disputes, claims and causes of
action you may have in connection with or related to ACTV or their
site will be resolved individually, without resort to any form of
class action.
English
shall be the language of this Site, and all transactions occurring in
connection with this Site, and the parties waive any right to use and
rely upon any other language, or translations. Il est de la volonté
express des parties que le présent site et tous les affairs
qui s'y rapportent soient rédigés en langue anglaise,
exception faite des documents pour lesquels la loi exige l'usage
exclusif du français.
NO
SOLICITATION
This
Site and the information contained herein do not constitute an offer
or a solicitation of an offer for the purchase or sale of any
securities.
INDEMNITY
You
irrevocably agree to indemnify and hold ACTV, and the Released
Parties harmless from any claim or demand, including reasonable
solicitor and his own client fees, made by any third party, arising
out of or in connection with, the Submitted Materials you submit,
post to or transmit to the Site, your use of the Site, your
connection to the Site, your violation of these Terms of Use or your
violation of any rights of another party.
EQUIPMENT
You
agree to be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site, and you shall be responsible for all charges related
thereto.
DISTRIBUTION
LIMITATIONS & TERRITORIAL RESTRICTIONS
The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject ACTV to any registration requirement within such
jurisdiction or country. This Site is controlled and operated by ACTV
from its offices within the Province of Alberta, Canada, and ACTV
makes no representation that materials in the Site are appropriate or
available for use in other locations. Those who choose to access this
Site from other locations do so on their own initiative and risk and
are responsible for compliance with local laws regarding online
conduct and acceptable content, if and to the extent local laws are
applicable. Use of or access to the Site shall not be construed as
the purposeful availment of the benefits or privilege of doing
business in any Province, other than Alberta, Canada, by ACTV.
WAIVER
Any
delay or failure on the part of ACTV to exercise or enforce any
rights under these Terms of Use to which it may be entitled shall
not, in any event, be construed as a waiver of the right and
privilege to do so at any subsequent time. You irrevocably agree that
you waive any and all rights to injunctive or other equitable relief.
STATUTE
OF LIMITATIONS
You
agree that regardless of any statute or law to the contrary, any
claim or cause of action, arising out of or related to, use of the
Site or these Terms of Use must be filed in a court of applicable
jurisdiction within one (1) year after such claim or cause of action
arose or be forever barred.
ENTIRE
AGREEMENT; MODIFICATION & TERMINATION
ACTV
reserves the exclusive right to modify, withdraw, suspend or
discontinue, temporarily or permanently, at any time and from time to
time any materials, information or content available on the Site and
any functionality or features in or on the Site, including the
cessation of all activities associated with the Site, with or without
notice. You agree that ACTV shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Site.
ACTV
may, in its sole discretion, terminate your use of the Site for any
reason, including, without limitation, if ACTV believes that you: (1)
have breached these Terms of Use or otherwise acted inappropriately;
(2) infringed the intellectual property right of a third party; (3)
provided any information that ACTV is unable to verify or
authenticate; (4) uploaded or transmitted unauthorized Submitted
Materials to the Site; or (5) violated or acted inconsistently with
the letter or spirit of these Terms of Use. You agree that any
termination of your access to the Site may be effected without prior
notice to you.
ACTV
reserves the right to change or modify these Terms of Use at any
time. These Terms of Use shall not be modified except in writing, as
posted on this Site by ACTV. Any change or modification made by ACTV
will be effective immediately upon posting on the Site and your
continued use of the Site means that you have agreed to accept any
changes or modifications made by ACTV. You should therefore
periodically visit this page to review the most recent Terms of Use.
By
accessing the Website and/or by clicking the "I HAVE READ AND
AGREE TO THE TERMS OF USE" button, you represent that you have
read this Agreement in its entirety, understand its terms and
conditions, are duly authorized to execute this Agreement on behalf
of yourself, and you agree to be bound by the terms and conditions of
this Agreement.
Effective
Date: June 13, 2008
Last
Revised: June 13, 2008
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