Terms of Use
1. ASSENT TO AGREEMENT
1.1. BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
1.2. This website, including all of its features and content (this “Site”) is provided and made available by Law and Style Media Inc. (“Law and Style”, “we” or “us”) or its affiliates or its subsidiaries (collectively, “Provider”) and all content, information and services provided on or through this Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
2. SITE LIMITED LICENCE AND USE OF SITE
2.1. As a user of this Site you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Site and Content in accordance with these Terms of Use. Any content on this Site may only be reproduced, distributed, translated, made available, published, distributed, or communicated to the public by telecommunication for personal and non-commercial purposes. As further detailed in paragraph 17, Provider may terminate this licence at any time for any reason.
2.2. The information contained on this Site is for informational purposes only. It is not intended as specific legal advice and should not be relied upon as such. Although Provider makes every effort to ensure that the information provided on this Site is accurate, complete, and up to date, Provider does not provide any warranty, express or implied, of the accuracy or completeness of any of the information provided. Provider shall not be liable in any manner or to any extent for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of the use of the Site.
3. LIMITATIONS ON USE
3.1. The Content on this Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-licence, or create derivative works from this Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without Provider’s prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial purposes all or any portion of this Site, except to the extent permitted above. You may not use or otherwise export or re-export this Site or any portion thereof, or the Content in violation of the export control laws and regulations of Canada. Any unauthorized use of this Site or its Content is prohibited.
3.2. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Site or materials linked from this Site is at your own risk.
4. ACCOUNT
4.1. Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to us that: (a) all information provided by you to us during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of use.
4.2. As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
4.3. You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our website.
4.4. You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content.
4.5. You agree to immediately notify us of any unauthorized use of your account by emailing privacy@precedentmagazine.com.
5. LINKED SITES AND THIRD PARTY COMMUNICATIONS
5.1. Any links provided on this Site to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond the Provider’s control. Provider does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.
5.2. Provider disclaims all liability for any third party communications you may receive or any actions you may take or refrain from taking as a result of any third party communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third party communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any third party communications. As used herein, “third party communications” means any communications directed to you from any third party directly or indirectly in connection with this Site.
6, INTELLECTUAL PROPERTY RIGHTS
6.1. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any licence or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content, the Site, and any and all other materials published or otherwise accessible through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
6.2. You grant to Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to any material you submit to the Provider, including any postings to the Site. Said licence is without restrictions of any kind and without any payment due from Provider to you or permission or notification, to you or any third party. The licence includes, the right to make available, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, communicate to the public by telecommunication, perform and sublicence any submissions or postings in any form, medium, or technology now known or hereafter developed.
6.3. You represent and warrant that any material submitted to or posted on this Site: (i) are your original works or that the owner of such works has expressly granted to Provider a perpetual worldwide royalty-free irrevocable, non-exclusive licence for said works with all of the rights granted by you in section 6.2 of these Terms of Use; (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any other proprietary right; and (iii) that you have obtained any and all consent required pursuant to any applicable privacy legislation to submit any personal information about another individual or third party to us.
7. POSTING GUIDELINES. In the event that this Site allows you to make a post on the Site, any posting is subject to the Provider’s Posting Guidelines in addition to these Terms of Use.
7.1. In addition to our Posting Guidelines, the following additional terms apply in the event that this Site allows you to make a post on the Site:
(a) You shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way, including, but not limited to, any postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, provincial, federal or international law, either intentionally or unintentionally. Provider may delete your postings at any time for any reason without permission from you.
(b) Your postings shall be accompanied by your real name and shall not be posted anonymously. Persons or entities shall not misrepresent their identity or their affiliation with any person or entity.
(c) Provider has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. Provider however reserves the right, in its sole discretion, to monitor any postings, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any reason or no reason.
8. ADVERTISERS. This site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this site is accurate and complies with any applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. PRIVACY POLICY. Your use of this Site is subject to Provider’s Privacy Policy.
10. DISCLAIMER. THIS SITE, THE CONTENT, AND ANY POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE CONTENT, AND ANY POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE, THE CONTENT, ANY POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, THE CONTENT, OR ANY POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, THE CONTENT, OR ANY POSTINGS.
11. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, ANY POSTINGS OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT, ANY POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
12. INDEMNIFICATION. You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any postings uploaded or submitted by you.
13. THIRD PARTY RIGHTS. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability), and 12 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. UNLAWFUL ACTIVITY. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
15. REMEDIES FOR VIOLATIONS. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Site and any other Provider websites and their features.
16. GOVERNING LAW AND JURISDICTION. These The Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and any action arising out of or relating to these Terms of Use shall be filed only in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
17. TERMS AND TERMINATION. Without limiting its other remedies, Provider may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the licence granted under these Terms of Use if, in the Provider’s absolute and sole discretion, you fail to comply with any term or condition of these Terms of Use.
18. ADDITIONAL TERMS
18.1. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Site, the Privacy Policy and, if applicable, the posting guidelines and constitute the entire agreement with respect to access to and use of this Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
18.2. Modification to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Site after any such changes constitutes your consent to such changes.
19. CONTACT. If you have any questions about the practices of this Site or Law and Style Media Inc., please contact us by mail at Law and Style Media Inc., Toronto, ON, M5A 4J5 or by e-mail to privacy@precedentmagazine.com.