THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND SET OUT THE BASIS ON WHICH THE NEWS FORUM INC’S (“TNF”) MAY BE USED. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NEWS FORUM SITE.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SERVICES.
Welcome to the internet site of The News Forum. By using this site, or any of the products or services available on thenewsforum.ca (singularly and collectively the “Services”), you agree, without limitation or qualification, 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 The News Forum Site or Services, all as may be modified by The News Forum from time to time in its sole discretion (collectively, the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use The News Forum site or any of the Services on The News Forum site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of The News Forum site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
3. REGISTRATION, ACCOUNTS AND PASSWORDS
Certain of the Services and related features made available on The News Forum site or third-party suppliers (e.g. Patreon, Mailchimp etc.) may require registration or subscription. Should you choose to register for or subscribe to any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on The News Forum Site or third-party suppliers, and (b) all activities that occur under such password or account. Further, you agree to notify The News Forum of any unauthorized use of your password or account. The News Forum 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 failure to comply with this Section.
4. RESTRICTIONS ON USE OF MATERIALS
All material, information and content available on The News Forum Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are: Copyright © The News Forum Inc., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. The News Forum 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 abide by 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 The News Forum Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Our Nation This Week, Counterpoint, Canadian Justice, Boom and Bust, The Forum Daily and all associated designs and logos are proprietary to The News Forum Inc. Huckabee, Context with Lorna Dueck, ILTV and all other licensed programming is trademarked and used under license. All other product, brand and company names and logos used or mentioned on The News Forum Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on The News Forum Site or any of the Services without the express written consent of the owner of the applicable trademark is strictly prohibited.
6. USER CONDUCT
In consideration of the availability, and your use, of The News Forum Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using The News Forum Site or such Services. You acknowledge that The News Forum may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: (a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability; or otherwise use The News Forum Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying The News Forum Site, any of the Services, or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or (d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use The News Forum Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of The News Forum Site or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of The News Forum Site may contain material that is inappropriate for minors.
8. FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any submission board or forum available on The News Forum Site (collectively, “Forums”) or otherwise submitting any materials to us through any other content generating or submitting Service on The News Forum Site, you automatically grant (or warrant that the owner of such materials expressly grants) The News Forum a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forums or other Services through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material expressly grants) The News Forum a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to televise, broadcast, transmit, exploit, use, communicate, publicly display and perform, distribute and create compilations and derivative works from, such submitted materials in any manner, media or technology, including, but not limited to all forms of television, wireless and online technology, now known or later developed.
If you are a minor, you must have permission from your parent or guardian to upload any materials to a Forum. The News Forum may request a parent’s or guardian’s email address from anyone who uploads any materials to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
When participating in a Forum, 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. The News Forum 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 using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that The News Forum 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE NEWS FORUM SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE NEWS FORUM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE NEWS FORUM SPECIFICALLY MAKES NO WARRANTIES THAT THE NEWS FORUM SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE NEWS FORUM SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
10. PROFESSIONAL INFORMATION DISCLAIMER
The News Forum Site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a The News Forum Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that The News Forum, 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, any such Professional Information.
11. FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by The News Forum through The News Forum Site or any of the Services is: (a) for information purposes only; (b) not tailored to the needs or circumstances of any particular person(s); and (c) to the extent, if applicable to a particular security (e.g., a stock or bond), only a general discussion of the merits and risks associated therewith, d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by The News Forum, and e) not necessarily reflective of the views or policy of The News Forum, including the publisher, contributors and staff of, and advertisers on, a The News Forum Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by The News Forum. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE NEWS FORUM DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE MADE AVAILABLE BY THE NEWS FORUM. You acknowledge that The News Forum or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through The News Forum Site. The views and opinions expressed on The News Forum Site are not intended to constitute a description or merits of securities bought, sold, or held on behalf of The News Forum nor an indication by The News Forum of any intention to buy, sell, or hold any security.
12. DISCLAIMER REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through The News Forum Site’s search services are protected by and/or subject to applicable copyright and/or other intellectual property laws. The News Forum neither authorizes or encourages you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a The News Forum Site, all of the Multimedia Content contained on such sites is owned and served by entities other than The News Forum. The News Forum provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through The News Forum Site’s search services for commercial or non-commercial purposes, we urge and caution that you should contact the server and/or owner of the applicable Multimedia Content and seek and acquire permission to use it.
14. INFORMATION ACCESS
The News Forum Site and the Services may provide us with limited access to your computer and/or other electronic access device, as applicable, to provide us with information related to your use of The News Forum Site and such Services including Content viewed, amount of time viewed, and general information regarding your device (such as a unique device identifier, your operating system, existing software, amount of available storage space and connectivity and your interaction with The News Forum Site and the Services). This information will, among other things, enable us to:
(a) enforce these Terms and Conditions,
(b) manage rights associated with the Content,
(c) generate usage and performance data concerning your use of the Content and the Services,
(d) deliver interest-based advertising to you,
(e) collect information for security purposes,
(f) help you and other users of the Services more effectively, and
(g) otherwise help us to enhance and improve the Content and the Services.
15. COOKIES AND SIMILAR TECHNOLOGIES
By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Please note that disabling cookies may impair the functionality of the website, either fully or in part, and may prevent you from using certain website features, services or applications. Consult each individual browser’s “help” feature for more information.
The News Forum reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on The News Forum SIte. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of The News Forum Site and any of the Services immediately. Your continued use of The News Forum Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, The News Forum reserves the right to change, modify, suspend or discontinue any aspect of The News Forum Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
17. DOWNLOADS AND SHAREWARE
The News Forum Site 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 The News Forum or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by The News Forum 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 The News Forum 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 solely with you. You further agree that The News Forum, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way whatsoever 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, without limitation, the failure of the Software to meet your needs, standards, expectations or specifications.
1. CONTENT LINKED TO THE NEWS FORUM SITE
Please exercise discretion while browsing the Internet. Please note that certain links on The News Forum Site may take you to other websites. The News Forum provides these links only as a convenience and not as an endorsement by The News Forum of the use of such links and/or other websites. Such linked sites are not necessarily under the control of The News Forum. If you decide to visit any linked site, you do so at your own risk and; among other things, it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The News Forum is not responsible for the content of any such linked sites or any other web page which is not part of The News Forum Site and under The New Forum’s direct control. Unless otherwise expressly provided, The News Forum makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that The News Forum will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material or merits of any product or service contained in or offered via any site linked from The News Forum Site.
2. DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, The News Forum Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and the relevant third party(ies). The News Forum assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that The News Forum shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of The News Forum, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on The News Forum Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a The News Forum Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a The News Forum Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim made against The News Forum, its affiliates and licensors and each of their respective officers, directors, employees and agents, including third parties mentioned on The News Forum Site resulting from a breach of these Terms and Conditions, We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE NEWS FORUM, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE NEWS FORUM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE NEWS FORUM SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF OUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE NEWS FORUM SITE OR ANY OF THE SERVICES. You expressly acknowledge that The News Forum has entered into this agreement, and has and will make The News Forum Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and The News Forum. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
20. GOVERNING LAW/JURISDICTIONAL ISSUES
The News Forum Site and Services are controlled, operated and administered by The News Forum offices within Canada. The News Forum makes no representation or warranty that The News Forum Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access The News Forum Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through The News Forum Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 23 (Arbitration and Actions), each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
21. ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of The News Forum Site or any Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that The News Forum, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, The News Forum Site or any of the Services, and remove and discard any information or content generated by you or related to The News Forum Site or any of the Services (and your use thereof), for any reason, including where The News Forum believes that you have violated any of these Terms and Conditions. You further agree that The News Forum shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a The News Forum Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of The News Forum in operating The News Forum Site or any of the Services, your sole and exclusive remedy is to discontinue using The News Forum Site or any of the Services.
23. SUBMISSION OF IDEAS AND/OR SUGGESTIONS
The News Forum is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO THE NEWS FORUM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO THE NEWS FORUM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO THE NEWS FORUM THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT THE NEWS FORUM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE NEWS FORUM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY OBLIGATION TO YOU OR ANY THIRD PARTY.
24. GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between The News Forum and you pertaining to your use of The News Forum Site, Services and Content and supercede any prior agreements between you and The News Forum with respect to the subject matter hereof. The News Forum’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto 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.