Terms of Service
JIM PATTISON BROADCAST GROUP LIMITED PARTNERSHIP
Last Updated – February 2014
PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS CAREFULLY. Your access and use of this site constitutes your acceptance and compliance with the following provisions. If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree with these terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
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 Jim Pattison Broadcast Group Limited Partnership or any of its subsidiaries, affiliates or divisions (hereinafter referred to as “JPBG”). 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, music, audio, video, software and other (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. JPBG owns the copyright in the Material original to it and in its selection, coordination, arrangement and enhancement of the Material.
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 in the Material.
By accessing the Material in this site, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks.
Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. No User may use or manipulate any of JPBG’s or other's trademarks, services marks, logos or characters found on this site.
While it is not our policy to link to other sites in general, this site may contain links to third party Web sites from time to time. Third party sites are independently operated. JPBG makes no endorsements, warranties or representations of any kind whatsoever regarding those other Web sites and assumes no responsibility for content on third party sites. Any link is not to be construed as an endorsement or implication of any situation with said third party. Users link to third party sites at Users’ own risk. Third parties may link to this site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that JPBG is associated with or is endorsing the third party, its site or its products. Third party sites that link to this site must not contain any content that may be construed as distasteful, offensive or controversial and should contain content that is appropriate for all age groups. JPBG may withdraw a third party’s right to link at any time in its sole discretion.
RULES OF CONDUCT
"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this site. If you participate in any Forum, you must not:
- commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
- defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
- delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
- falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
- advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
- or engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Users shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this Site without notice.
By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.
WAIVER OF RIGHTS
Users waive all rights to any stories, ideas, drawings, opinions and other materials posted on JPBG’s site. Furthermore, Users may only post materials which they alone have created.
Without the express written consent of the owner of the Material, Users may not frame or otherwise incorporate into a third party Web site, any of the content provided herein. The materials used in this Site are presented for the purpose of promoting programs broadcast in Canada on JPBG’s CRTC licensed services. This Site is controlled and operated by JPBG in Canada with the approval of the copyright and trademark owners. We make no representation that the Materials in this site are appropriate or available for use in other jurisdictions.
This agreement is effective until terminated by either party. User may terminate this agreement at any time by destroying all materials obtained from this site. This agreement will terminate, without notice from JPBG if, in our sole discretion, User fails to comply with any term or provision hereunder. Upon termination, User must destroy all materials obtained from this site and any and all copies thereof, whether made under the terms of this agreement or otherwise. User warrants that s/he shall refrain from submitting any content to JPBG which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, violates intellectual property or laws. In the event of any of the above, JPBG may terminate this agreement and User shall indemnify JPBG and its respective designees against any and all third party claims, if any, as a result.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, JPBG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER AND NOT JPBG ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. JPBG DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. JPBG ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. JPBG RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOS NOTICE.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY US AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL JPBG BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF JPBG OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JPBG'S LIABILITY TO A USER FOR DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE JPBG NOTES THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. JPBG RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS AND RELATED DISCLAIMERS AT ITS CONVENIENCE.
GOVERNING LAW / ENTIRE AGREEMENT
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia, Alberta, Manitoba and Canada, as applicable notwithstanding any conflict of laws provision. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the use of this site and shall not be modified except by JPBG from time to time as set out above. JPBG’s failure to insist upon or enforce strict performance of any provision hereof shall not be construed as a waiver of any right on its part.
TERMS OF SERVICE (Ckwd FM)
This Agreement regarding Terms of Service (the "Agreement") is entered into by Supernova Interactive, Inc. o/a SoCastSRM ("SoCast") and the client identified in the Licensing Agreement which is governed hereby (the "Client" or “You”). SoCast and Client agree as follows:
SoCast provides software, Facebook enabled applications, websites and other online services (the “Platform”) to enable its business clients (“Organizers”) to operate sweepstakes, contests, promotions, websites, website plugins, Facebook page apps, surveys, polls, and other market data gathering activities, collectively called Promotions or Services. SoCast applications and Services are designed to allow Organizers to engage end-users and gather personally identifiable information from end-users who choose to enter a particular Promotion together with anonymous data regarding the Promotion itself. This data is gathered and may be used by the Organizers for various marketing purposes.
By using the SoCast Software and associated applications, or running any Promotions with them, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). These Terms of Service form a legally binding agreement between you and SoCast in relation to your use of the Services. It is important that you take the time to read them carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of Canada, the United States or other countries including the country in which you are resident or from which you use the Services, then you may not use the Services and may not accept this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the Software applications and/or the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Services. It is your responsibility to regularly review these Terms of Service.
Third-Party Services and Sites.
Reporting and Revisions
Use of SoCast Platform analytics and social reporting features could include technical, factual, typographical, or statistical errors. SoCast does not warrant that any of the materials available on or generated by the Platform are accurate, complete, or current. SoCast may revise and make changes to the Platform, data, or reporting features at any time without notice. SoCast does not, however, make any commitment to update the Platform and associated content, which are delivered on an "as-is" and "as-available" basis.
As part of keeping the Platform technology updated and functional, SoCast may perform Routine Maintenance and Urgent Maintenance (collectively "Maintenance"). SoCast will need to perform routine enhancements, upgrades and maintenance ("Routine Maintenance") of the Platform and/or Product(s) that will or is likely to result in the downtime of the Platform and/or Product(s), during which all or certain functions of the Platform and/or Product(s) will not be available. If SoCast determines that immediate maintenance on the Platform and/or Product(s) is required ("Urgent Maintenance"), SoCast can perform such Urgent Maintenance at any time and for any period of time (as determined by SoCast). Subject to any uptime commitments expressed in your Licensing Agreement, SoCast will not be liable to you for any reasonable inability to use the Platform.
You understand that you are personally responsible for your activity while on the site and for all content provided via your account, and agree to indemnify and hold SoCast and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the software, application, site, the content you contribute or link to, or your access to the site, or your violation of either these terms or the rights of any third party.
To the maximum extent permitted by applicable law, in no event will SoCast or its affiliates be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or site, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the site or the site, even if SoCast has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
Client represents and warrants that it (a) will be solely responsible for (i) the management and administration of the Product Content; (ii) obtaining the Product Content and Client Furnished Items and all rights necessary to use the Product Content and Client Furnished Items, (iii) assuring that the Product Content and Client Furnished Items fully comply with all applicable laws, rules and regulations; (b) will not (i) license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the Services available to any unauthorized user, including but not limited to, by "mirroring" or "framing" any part of the Platform or Product(s), or by creating internet links to the Platform or Product(s) which include log-in information, user names, passwords, and/or secure cookies; (ii) modify or make derivative works based upon the Services or the Product Content other than for the purpose stated in the applicable Licensing Agreement(s); (iii) "frame" or "mirror" any Product Content on any other unauthorized server or wireless or Internet-based device; (iv) reverse engineer the Services; (v) access the Services in order to build a competitive product or service; (vi) access the Services if Client is SoCast’s direct competitor, except with SoCast prior written consent; (vii) access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; (viii) attempt to gain unauthorized access to the Platform or its related systems or networks; (ix) attempt to re-identify or unanonymize data that SoCast provided in an anonymous format or (x) use the Platform for any purpose other than those expressly authorized under this Agreement; and (c) will not use the Services to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) collect highly sensitive personal information (such as passport numbers, religion, credit card numbers, bank account numbers or any other sensitive personal data as defined by applicable privacy laws; (vi) attempt to gain unauthorized access to the Services or its related systems or networks; or (vii) use the Services to engage in illegal activity, or cause immediate, material or ongoing harm to SoCast or others.
If you violate any of the guidelines set forth above, or any other aspect of these terms, we reserve the right to suspend or terminate your rights to use the platform without giving you any notice. In the event that your access is terminated, you will immediately lose access to any information that may be on the system. You understand that SoCast is not responsible for your inability to access any information on the platform for any reason, whether it be because of termination of your account; software, hardware, or internet problems or errors; or any other reason.
You understand that your use of the Platform or site (including any download from the site and any loss of data or other damage to your computer system you experience from using the site) is at your sole risk. You understand that the site and all information, products and other content (including third party information, products and content) included in or accessible from the site, are provided on an "as is" "where-is" and "where available" basis, and are subject to change at any time without notice to you. You acknowledge that SoCast makes no warranty that the site will be uninterrupted, timely, secure or error-free. You understand that SoCast does not warrant that the results obtained from your use of the site will meet your expectations. No warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this document. To the fullest extent permitted by law, SoCast disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the site and all information, products and other content (including third party information, products and content) included in or accessible from the Platform, site, or associated services.
Collection and Use of Information
SoCast may use your information in order to customize our Platform to your needs and enhance your overall experience at our applications. While SoCast strives to protect the personal information of Client and end-users, SoCast may release personal information if required by law or in the good-faith belief that such action is necessary or appropriate.
Law and Jurisdiction
This Agreement and the rights and obligations of SoCast and you, including all non-contractual obligations arising under or in connection with this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to choice or conflicts of law rules. In the event of a dispute, claim or controversy arising out of or relating to this Agreement, you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Ontario for any claim, proceeding or action under the Terms of Service, except for any claim, proceeding or action by SoCast for equitable relief.