Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY GREAT NEWS MEDIA LTD. AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF GREAT NEWS MEDIA’S LIABILITY AND DISCLAIMERS.

1. Acceptance of Terms

All website services provided to you by Great News Media Ltd., and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “Great News Media” or “we”) are provided to you subject to the following terms and conditions of service.

By using or accessing (either by computer, e-reader, mobile or other electronic device now or hereafter devised) any Great News Media website, mobile enabled website, or mobile application (each a “Great News Media Site” and collectively, the “Great News Media Sites”) or any products, content or other services available on a Great News Media Site (each a “Service” and collectively, the “Services”), including Services offered on a payment basis (each a “Paid Service” and collectively, “Paid Services”), you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Great News Media Site or Service (collectively the “Terms and Conditions”), all as may be modified by Great News Media in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, the Terms and Conditions will also apply if you access a Great News Media Site or Service, or authenticate as a user, through a third party website or social media application (for example, through Twitter®, Facebook®, Google®). These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, including those related to your agreement to use a Paid Service (a “Paid Services Agreement”), shall be the entire agreement between you and Great News Media and any prior communications between you and Great News Media (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, do not use any Great News Media Site or any of the Services.

2. Your Registration Obligations

You may be required to establish an account or otherwise register (each a “Member Account”) to participate in certain Services on a Great News Media Site. When you provide registration information, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable Services’ registration form (such information collectively being the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) agree to pay all fees, including applicable taxes, incurred in connection with your use of any Paid or Free Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Member Account and refuse any and all current or future use of the Services (or any portion thereof). During registration, you may be asked to provide an e-mail address and to create your own password. Your e-mail address will become your user identification (“User ID”). You are responsible for maintaining the confidentiality of the password and your Member Account, and are fully responsible for all activities that occur under your password or Member Account. You agree to: (a) immediately notify Great News Media of any unauthorized use of your password or Member Account or any other breach of security; and (b) ensure that you exit from your Member Account at the end of each session. Great News Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

3. Privacy Statement

Registration Data and certain other personal information about you is subject to our Privacy Statement . For more information, please see our Privacy Statement. By submitting your personal information you signify your agreement to the Privacy Statement which may be amended from time to time. You agree that Great News Media has the right, but not the obligation, to monitor the Great News Media Sites and the Services electronically from time to time.

You acknowledge and agree that where you are required to set up a Member Account (for example, to comment on a story), if you choose to do so using personal information provided by a third party website or application such as Facebook® or Twitter®, this paragraph constitutes prior written notice to you of, and your consent to, the collection and use of your personal information by Great News Media for the purposes of setting up the Member Account.

You acknowledge that in the event that a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.

4. User Conduct

All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on a Great News Media Site, including links to any third party websites or social media applications embedded therein (“Content”), uploaded, posted or otherwise submitted by a user to a Great News Media Site or the Services (“User Content”) is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Music, Photos Content and User Content (as defined in Section 5 below), you also acknowledge and agree that you, and not Great News Media, are entirely responsible for all User Content that you upload, post, or otherwise submit via Great News Media Sites and/or pursuant to the Services. Great News Media does not control the User Content posted via the Great News Media Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using a Great News Media Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Great News Media be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including User Content), 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 User Content uploaded, posted, or otherwise submitted via a Service.

You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any User Content that:

(a) is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) could be harmful to minors;

(c) harasses or advocates harassment of another person;

(d) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(h) displays pornographic or sexually explicit material of any kind;

(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and

(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or any Great News Media Site and any world wide web pages or any operating system software or hardware on which such Content, Service or Great News Media Site is operated or displayed except as specifically designed into the Content.

Great News Media and its designees shall have the right to remove any User Content that violates these Terms and Conditions, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Great News Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Great News Media, its users and/or the public.

5. Submitted/Uploaded Content

You agree that by uploading, posting or otherwise submitting any User Content materials to any content generating or submitting Service or page on a Great News Media Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, any contest page, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference. For any music that may be uploaded (where or if permitted on Great News Media Sites) please refer to the following Music Submission License, Release and Waiver (Schedule “A” below).

For any photo that may be uploaded, please refer to the following Photo Submission License, Release and Waiver (Schedule “B” below). For all other User Content please refer to the following Submission License, Release and Waiver (Schedule “C” below). Each of the Music Submission License, Release and Waiver, the Photo Submission License, Release and Waiver and the Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, UPLOADING, OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO ANY GREAT NEWS MEDIA SITE OR SERVICE. ANY SUCH POSTING, UPLOADING, OR OTHER SUBMISSION OF CONTENT TO A GREAT NEWS MEDIA SITE OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS.

WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER CONTENT OR RELATED MATERIAL TO GREAT NEWS MEDIA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE GOVERNED BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING USER CONTENT OR ANY RELATED MATERIAL TO GREAT NEWS MEDIA, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO GREAT NEWS MEDIA THAT THE USER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT GREAT NEWS MEDIA IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND
OTHERWISE EXPLOIT THE USER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY GREAT NEWS MEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

6. Social Networking and Forums

When participating in the various social networking aspects available through the Great News Media Sites such as commenting applications, forums, blogs or live chats (each a “Forum”, collectively, “Forums”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Great News Media cannot be responsible for the content or accuracy of any information and will not be responsible for any reliance or decisions made based on such information.

When participating or commenting in any Forum on or through a Great News Media Site you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of Great News Media’s Forums for commercial purposes of any kind is strictly prohibited. Please note that Great News Media reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in any Forum shall indicate your acceptance of the Terms and Conditions.

  1. Responsibility for Minors

In cases where you have authorized a minor to use a Great News Media Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a Great News Media Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Great News Media Site may contain Content that is inappropriate for minors. You acknowledge that Great News Media has no obligation to monitor the Services or any Content accessible through the Great News Media Sites.

7. Responsibility for Minors

In cases where you have authorized a minor to use a Great News Media Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a Great News Media Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Great News Media Site may contain Content that is inappropriate for minors. You acknowledge that Great News Media has no obligation to monitor the Services or any Content accessible through the Great News Media Sites.

In cases where minors use a Great News Media Site or any of the Services without parental consent, it is recognized that the minor is fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a Great News Media Site or any of the Services; and (iii) the consequences of any use or misuse by the minor. The minor acknowledges that some of the areas of a Great News Media Site may contain Content that is inappropriate for minors. The minor acknowledges that Great News Media has no obligation to monitor the Services or any Content accessible through the Great News Media Sites. The minor acknowledges that Great News Media will not be held responsible for any harm that results from use a Great News Media Site.

 

8. Restrictions on Re-use, Re-sale of Services

All Content available on a Great News Media Site, including the manner in which such Content is presented, and the Services are: Copyright Great News Media ltd., its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Great News Media grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a Great News Media or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on any Great News Media Site (each, a “Contest”) shall also be subject to and governed by the specific rules and regulations in respect of that Contest.

9. Commercial Use

No Forum or other areas of the Great News Media Sites may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the applicable Great News Media Site(s) and barring such violators from use of the Great News Media Sites. We reserve the right to block access to the Great News Media Sites by any user known or reasonably believed to be using the Great News Media Sites for any commercial purpose (including, without limitation, the sale of goods and services).

10. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon, to register for a Member Account or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on the Great News Media Sites, or make any other request to transactional servers, more than once during any three second interval.

11. Downloads

Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by Great News Media ltd or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by Great News Media or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Great News Media or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Great News Media, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. Great News Media Sites and/or Services and software derived from Great News Media Sites and/or Services may be further subject to certain Canadian and United States export controls. No software from any Great News Media Site or Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Great News Media Sites, Services or any software derived there from, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in