The terms and conditions set forth below (the “Terms”) govern your use of the Website located at canopymedia.ca, including the blog located at http://canopymedia.ca/online-marketing-blog that is accessible on or through canopymedia.ca (collectively, the “Site”). The Site is owned and operated by Canopy Media Inc., operating as Canopy Media, (“Canopy Media”, “We” or “Us”). These terms govern your access to, and use of, the Site. If you do not agree with all of these Terms, do not use this Site or any information or content contained on this Site. Your use of this Site shall be deemed to be your agreement to abide by each of these terms set forth below. Canopy Media reserves the right to revise these Terms at any time and will post notice of the changes and the updated Terms on this Site. You are responsible for regularly reviewing these Terms. Your continued use of this Site after the changes have been posted means that you agree to the new Terms.
2. General Use
Certain information, content, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Feedback (as defined below) are provided to you by Canopy Media and are the copyrighted and/or trademarked work of Canopy Media or Canopy Media’s contributors. Canopy Media grants you a limited, personal, non-exclusive and non-transferable licence to display the Materials on your personal computer and to use this Site solely for your personal use. Except for the licence set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited licence, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
3. Third Party Content
Certain information and other content that is not Feedback may be provided by third party licensors and suppliers to Canopy Media (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
4. User Content and Communications
Canopy Media may permit you to post comments to a blog or otherwise share your thoughts or content in a public manner (“User Content”). You hereby grant Canopy Media a perpetual, irrevocable, royalty-free licence to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Site.
You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or post on the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. Canopy Media shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.
Many different parties may post blogs and other content to the Site. Such materials are the opinions of the individual authors of such materials, and do not reflect the opinions or positions of Canopy Media. Canopy Media makes no warranties regarding such materials. Canopy Media is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms. Canopy Media will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.
5. Your Feedback
To the extent that you provide Canopy Media with any suggestions, information, ideas, or feedback concerning the Site, Materials and/or any other content, products or services of Canopy Media (“Feedback”), such Feedback will be the sole and exclusive property of Canopy Media. You hereby do assign, and agree to assign, to Canopy Media all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights. You agree to assist Canopy Media in perfecting and enforcing such rights. You acknowledge that you are responsible for the information (including, but not limited to, Feedback), opinions, messages, comments, and other content or material that you submit or upload to the Site.
6. Acceptable Use Policy (“AUP”)
You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold Canopy Media responsible or liable for any User Content from other users that you access on the Site.
Canopy Media will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that: is defamatory, abusive, obscene, profane or offensive; infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site); violates any party’s right of publicity or right of privacy; or is illegal or promotes any illegal activities.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Site to any third party.
If you notice any violation of this AUP or other unacceptable behaviour by any user, you should report such activity to Canopy Media at [email protected]
7. Links to Third Party Sites
This Site may be linked to other sites that are not Canopy Media sites. Canopy Media is providing these links to you only as a convenience, and Canopy Media is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
8. Proprietary Rights
The Canopy Media name and logo are trademarks of Canopy Media. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Canopy Media or its licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The materials in the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Canopy Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Canopy Media does not warrant that the functions contained in the materials will be uninterrupted or free of errors, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Canopy Media does not warrant or make any representations regarding the use, or the results of the use, of the materials in the Site in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The material that you read in the Site is provided solely for informational purposes only and is subject to change or withdrawal by Canopy Media at any time without notice. Canopy Media assumes no responsibility for the accuracy or completeness of the materials. While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses. Furthermore, neither Canopy Media nor its affiliated or related entities are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in the Site.
IN NO EVENT WILL CANOPY MEDIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE MATERIALS OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CANOPY MEDIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This site is controlled and operated by Canopy Media from its offices within the Province of Ontario. Canopy Media makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. Any action you, any third party or Canopy Media bring to enforce this agreement or, in connection with, any matters related to the Site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by Canopy Media.
If you have any questions or comments concerning these Terms, please contact Canopy Media using our addresses, links or forms found here.