Last revised September ●, 2015
As used in this Agreement, “you” means (and “your” refers to) the user of the Site and “we” means (and “us“, “our“, and “ours” refer to) APTN. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
1. Acceptance of Terms
By accessing and continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, then you must not access or use the Site.
2. Modifications and Notices
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Except for Submissions (which are discussed below), all materials owned by APTN, displayed or otherwise accessible on or through the Site, including without limitation, news articles, text, photographs, images, illustrations, graphics, icons, multimedia clips, code (collectively, “Materials“) and the selection and arrangement of the contents of the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. APTN either owns the intellectual property rights, including copyright, or has acquired the necessary rights and/or licences, in the Materials contained in the Site. Portions of the Materials may have been licensed to APTN and/or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site or Materials, whether in whole or in part, without the express written permission of APTN is strictly prohibited.
You are welcome to post, transmit or submit messages, opinions or other content, including, but not limited to, text, photographs, images, illustrations, graphics or multimedia clips and any other user generated content, (collectively “Submissions“) to or through the Site (whether directly or indirectly, through third party websites and applications), and to interact with APTN and other users within, or in connection with, the Site. With respect to Submissions:
● APTN accepts no responsibility whatsoever in connection with, or arising from, such Submissions. APTN does not endorse, and has no control over, the content of Submissions submitted by users to the Site. Submissions submitted to the Site are not necessarily reviewed by APTN prior to posting and do not necessarily reflect the opinions or policies of APTN;
● APTN makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, APTN reserves the right to prevent you from submitting Submissions to the Site and to edit, restrict or remove such Submissions for any reason at any time;
● APTN assumes no responsibility for actively monitoring the Site for inappropriate Submissions. If at any time APTN chooses, in its sole discretion, to monitor the Site, APTN nonetheless assumes no responsibility for the content of the Submissions, no obligation to modify or remove any inappropriate Submissions, and no responsibility for the conduct of the user submitting any Submissions;
● when you submit Submissions to the Site, you agree to strictly limit yourself to discussions about the subject matter for which the Site is intended; and
● you agree that APTN accepts no liability whatsoever if it determines to prevent your Submissions from being submitted or if it edits, restricts or removes your Submissions. You also agree to permit any other user of the Site to access, view, store or reproduce your Submissions for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
While using the Site, you will comply with all applicable laws, rules, and regulations. In addition, APTN expects the users of the Site to respect the rights and dignity of others, and use of the Site is based on the following rules of conduct. You will not:
● post, transmit, or otherwise make available any Submissions that are or may be:
● threatening, harassing, degrading, hateful, or intimidating;
● fraudulent or tortious;
● obscene, indecent, pornographic, or otherwise objectionable;
● an infringement of another person’s privacy by disclosing the personal information of another individual, including without limitation, an individual’s address, phone number, email address or credit card number, without consent or as authorized or permitted by law; or
● protected by copyright, trademark, trade secret, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right;
● post, transmit, or otherwise make available any Submissions that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, music, photographs, texts, videos or artwork or any moral rights associated therewith;
● use the Site in a manner which will violate or solicit the violation of any applicable local, provincial, national or international law, including, without limitation, applicable privacy laws and the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications (Canada);
● use the Site to post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking or cracking;
● post, transmit, or otherwise make available any Submissions that would violate another person’s privacy or other rights or collect information about users of the Site;
● impersonate any person or entity, including, but not limited to, any APTN representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
● post, transmit, or otherwise make available any virus, worm, trojan horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, server or telecommunications equipment;
● conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site, without our prior written consent;
● interfere with or disrupt the Site; or
● post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
Your submission of Submissions is subject to the licence and release granted by you to APTN, which is set out in this Section 4:
● when you submit Submissions to us, you agree to be bound by the terms of this Agreement, including the licence and release which is set out in this Section 4;
● you will not submit Submissions to us if you do not own those Submissions. You will have the permission of anyone who is depicted in images which form part of your Submissions to post your Submissions to the Site, and for us to use your Submissions, as set out in this Agreement. You agree you have the right to grant us the licence which is set out in this Section 4, and that your Submissions do not defame anyone or infringe upon any intellectual property or privacy rights of any other person;
● you retain ownership in and to Submissions, but you agree to grant us a royalty free and fully paid up, irrevocable, assignable, worldwide perpetual license to edit, publish, use, adapt, exploit, store and modify Submissions (and all elements embodied therein) forever, including, without limitation, the images, names, likenesses of any persons or locations embodied therein (including the right to use your name, likeness and performance), online, in print, film, television, or in any other media now known or hereafter devised, without compensation, notification or permission from you or any third party, and to display Submissions on the Site, other websites or social media applications operated by the administrators of APTN, and third party websites, and otherwise use Submissions in accordance with this Agreement, in any and all media now known or hereafter devised, forever;
● you waive any and all rights in and to the Submissions, including, without limitation, moral rights;
● you acknowledge having been advised to obtain legal advice, and having received independent legal advice to the extent that you deem appropriate with respect to this Agreement and the matters contemplated hereby. You represent and warrant that you will not rely on your failure to obtain such independent legal advice, to any extent or in respect of any matter or thing, as a defence to the enforcement of this Agreement and all matters related thereto; and
● we reserve the right to disclose Submissions, at any time, as is required to comply with applicable laws, and the right to remove any Submissions that are in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Submissions will be subject to standards of commercial reasonableness. You may request deletion of Submissions, but our ability to delete Submissions may be restricted if you have shared them with others.
Any person who, in APTN’s sole opinion, violates (or is or reasonably suspected to have violated) the rules of conduct provided above shall be barred from using the Site, including, but not limited to, submitting or posting any further Submissions on the Site, and may be subject to other legal remedies.
5. Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable revocable licence to access, view and use the Site, including a limited licence to download, print and store single copies of Materials from the Site, provided your use of the Materials is consistent with the principles of fair dealing and for your personal, private study and non-commercial use, further provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Site. Such Materials must not be reproduced, modified, republished, transmitted, transferred, sold, distributed, performed, displayed, expanded, publicly exhibited, recorded or disseminated in any manner or form without the prior written consent of APTN. This licence shall be terminated immediately upon any breach of this Agreement, by you.
Minors in the country, province or state in which they live, can only use the Site with the approval of a parent or guardian, provided that children under age 13 shall not be permitted to use the Site, without the express written consent of APTN, as indicated on the Site, or otherwise (in which case, such use shall be subject to such additional terms as may be set out, on the Site). We encourage parents or guardians to teach their children about safe internet use practices. We reserve the right to verify parental or guardian consent.
7. Username and Password
You may be required, when you use certain features of the Site, to create a username and password. If we determine that the user name you have chosen is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen user name. In addition, you are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your username, whether or not you authorize such uses. You agree to notify APTN of any unauthorized use of your username and password. APTN is not responsible for verifying your identity or the identity of anyone who uses your account, and APTN is not liable for any loss or damage as a result of your failure to protect your password. You agree that any registration information you provide will be true and accurate.
8. User Disputes
You are solely responsible for your interactions with other users of the Site. APTN reserves the right, but has no obligation, to monitor disputes between you and other users of the Site.
If you believe in good faith that any material that is made available on the Site infringes your copyright, please contact us at the information noted below.
You shall not link to the Site or to any page or file on the Site for commercial purposes. If you provide a link to the Site, you shall provide appropriate attribution to APTN and shall otherwise act in a manner that is consistent with this Agreement, including, without limitation, Section 4 of this Agreement, and you shall not attempt to pass off any Materials, the Site or any such page or file as your own work.
APTN reserves the right to cancel and revoke your ability to link to the Site, or to any page or file on the Site, at any time, for any reason, without any notice, and without any liability to you or any other person.
12. Online Commerce
This Site may allow you to purchase many types of products and services online that are provided by APTN (“Products and Services“). When ordering Products and Services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, email address, credit card information and shipping address, as well as any other information requested. APTN will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, APTN or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
13. Products Availability, Orders, Pricing, Misprints and Errors
APTN makes reasonable efforts to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, APTN reserves the right to change the prices, fees and charges regarding the Products and Services available through the Site at any time, and from time to time, without any notice or liability to you or any other person. Also, APTN cannot guarantee that the Products and Services advertised on the Site will be available when ordered or thereafter. APTN also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order Products or Services for which the price was incorrectly displayed, APTN will provide you with an opportunity to place an order at the correct price. If you order Products or Services that are not available, APTN will notify you by email. APTN reserves the right to limit quantities licensed or sold.
The advertisements on the Site are invitations for purchase orders and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when APTN sends both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes APTN’s acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to [email protected] However, APTN may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
14. Product Agreements
All transactions through the Site, including the purchase and sale of Products and Services, are governed by this Agreement and any applicable terms pertaining to the transaction, including, without limitation, our return policy and our shipping policy (the “Product or Services Agreement“). By using the Site or by participating in a transaction through the Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Product or Services Agreement.
15. Consent to Electronic Communication
When you visit the Site, use services which are provided on or through the Site or send email to APTN, you are communicating with APTN electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
At its sole discretion, APTN may make games or other contests (collectively, “Contests“) available to users of the Site and others. All Contests are governed by this Agreement and the applicable rules posted on the Site governing a user’s participation in each of the respective Contests (hereinafter referred to as “Contest Rules“). By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
17. Practices Regarding Use and Storage
You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Materials and Submissions. We will provide you access to Submissions, through your use of the Site, but we are not responsible for copying, extracting or otherwise transferring Submissions to you.
We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Submissions, to:
● satisfy any applicable law, regulation, legal process or governmental request;
● enforce this Agreement, including investigation of potential violations of this Agreement;
● detect, prevent, or otherwise address fraud, security or technical issues;
● respond to user support requests; or
● protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
18. No Warranty
Access to the Site and the Materials provided on the Site are provided “as is” and without warranties of any kind either express or implied. By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk. APTN makes no representation or warranties regarding the Site, Materials and Submissions, including, without limitation, that the Materials or Submissions provided will be accurate, complete, correct, timely or suitable, that any Products and Services contained on or made available through the Site are of merchantable quality or fit for a particular purpose, that the Site will be available at all times or that the Site will be free from errors, viruses or other harmful components. APTN is not responsible for any Materials, Submissions or other information on the Site or any linked site that you may find offensive, undesirable or objectionable. Further, APTN specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. To the fullest extent permissible pursuant to applicable law, APTN disclaims all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. Be aware that Submissions and other information you share on the Site will be available to others. We are not responsible for what others do with such Submissions and other information, once you post it on the Site.
19. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL APTN, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT APTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold APTN, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Submissions you submit, post to or transmit through the Site, your use of the Site and Materials, including, without limitation, the purchase and use of any Products or Services you may purchase from, through or in connection with the Site, your connection to the Site, your downloading and use of Materials, your violation of the law, this Agreement or the rights of another.
Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names of APTN or others. The display of such marks on the Site does not imply that you have been granted a licence by APTN or other entities with respect to them.
22. International Matters
Unless otherwise specified, the Materials in the Site are presented solely for the purpose of promoting programs, films, and other products available in Canada and its territories. We make no representation that the Site, its Materials or Submissions on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you breach any provision of this Agreement, you may no longer use the Site. APTN may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, all without any notice or liability to you or any other person. The provisions of Sections 4, 7, 13, 14, 16, 18, 19 and 20 and this Section 23 of this Agreement shall survive any termination of this Agreement.
The failure of APTN to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be transferred or assigned by you but may be assigned by APTN without restriction. You and APTN have requested and agree that this Agreement and all documents related to this Agreement be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais (version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.
25. Our Contact Information
If you have any questions about this Agreement, or the Site generally, please contact us at:
APTN External Privacy Officer
2nd Floor, 339 Portage Avenue
Winnipeg, Manitoba R3B 2C3
Email: [email protected]