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Activelife Terms of Use Agreement
Welcome to a service of The Canadian National Newspaper called "Activelife". You must read and agree to these terms and conditions before you may access or view our Website. Please read them carefully. By visiting the Activelife website, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of or use this website. Membership in the service is void where prohibited. By using and/or viewing this website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old.
2. Fees/Termination:
Activelife is currently provided gratuitously free of charge to users. The Canadian reserves the right to change or modify this free service at any time, and would send an email notice to members of any change concerning the current free status of this service.
The Canadian National Newspaper alternatively called The Canadian in association with "Activelife" reserves the right to terminate your access to the website for any reason or no reason. The Canadian may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If The Canadian terminates your membership in the "Activelife" service because you have breached this Agreement, you will not be entitled to any refund for any pledges that you may have made to The Canadian or its agents.
You, may cancel this Agreement in writing, without any penalty or obligation, at any time, which effective from the date of confirmation by The Canadian or its agents.
3. Non-Commercial Use by Members/Viewers:
This "Activelife" website is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members of this Activelife website and shall not use the Activelife service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, The Canadian may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at The Canadian's sole discretion.
4. Proprietary Rights of Content on Activelife:
The Canadian National Newspaper and its designated corporate agent(s) owns and retains other proprietary rights associated with the "Activelife" website and related "Activelife" services. The website comprises of copyrighted material, trademarks, and other proprietary information of The Canadian and agents, and also its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted to the Activelife website:
A) The Canadian and its agents claims immunity from liability to the fullest extent under the laws of Canada.
You understand and agree that The Canadian and its agents may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment The Canadian and its agents violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, of The Canadian and its agents and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") to the "Activelife" website, or transmit to other "Activelife" members.
C) By posting content to any public area of "Activelife" you automatically grant, and you represent and warrant that you have the right to grant, to The Canadian and its agents or members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
D) "Activelife" reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site -- it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes 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; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the "Activelife" service in a manner consistent with any and all applicable laws and regulations.
F) 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 herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the "Activelife" or affiliated websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to "Activelife" by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other "Actlivelife" members. Although "Activelife" cannot monitor the conduct of its members off the "Activlife" website, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use".
7. Members assume personal responsibility for their own actions
Please also use caution, common sense, and safety when using our website. You are solely responsible for your interactions with other "Activelife" members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information to the "Activelife" website, you release The Canadian and its agents including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
"Activelife" reserves the right, but has no obligation, to monitor disputes between you and other members.
8. Privacy:
Use of the "Activelife" website and/or its service is governed by the human rights and constitutional laws of Canada in association with privacy Policy.
9. Disclaimers:
"Activelife" including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the "Activelife" website or in connection with the "Activelife" service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the "Activelife" service whether online or offline. The Canadian and its agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.
The Canadian and its agents are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the "Activelife" website and/or in connection with the "Activelife" service.
Under no circumstances will The Canadian National Newspaper's "Activelife" or its agents be responsible for any loss or damage resulting from anyone's use of the website or the service and/or any content posted on the "Activelife" website or transmitted to "Activelife" Members. This website and the service are provided "AS-IS" and "Activelife" expressly disclaims any warranty of fitness for a particular purpose or non-infringement. "Activelife" cannot guarantee and does not promise any specific results from use of the site and/or the "Activelife" service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will "Activelife" be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the "Activelife" service, even if The Canadian and its agents have been advised of the possibility of such damages. You further agree to hold The Canadian and its agents, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user?s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, The Canadian and its agents liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Canadian National Newspaper's Activelife for the service during the term of membership.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use and/or your relationship with The Canadian and/or your use of this website shall be submitted to binding arbitration according to the rules of the Arbitration and Mediation Institute of Canada.
The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Toronto, Ontario, Canada. The arbitration shall take place exclusively in Toronto, Ontario, Canada before a mutually agreed arbitrator pursuant to Canadian law.
13. Indemnity:
You agree to indemnify and hold The Canadian, its corporate agent(s), its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
14. General
You agree that this Activelife service which you use on an "AS-IS" basis is done totally at your own legal and other risk, in which you fully acknowledge to Activelife and its agents.
The corporate mailing address of The Canadian is the following:
The Canadian National Newspaper
B.P. 24191
300 Eagleson Rd.
Kanata, Ontario K2M 2C3 CANADA |