Terms of Service
Terms and Conditions of Service
These Terms and Conditions apply to all users of the Service, including users who may also be contributors of Content to the Service. In these Terms and Conditions, “Content” includes all text, graphics, photos, sounds, music, videos, audiovisual combinations, software, scripts, interactive features and all other materials you may view, access, download or contribute to, on or through the Service.
The Media League and The Jonah Group Ltd. (collectively, “the League”) may, in its sole discretion, change, modify or revise these Terms and Conditions at any time, and your continued use of the Service following any such changes will mean you accept and agree to such changes. We will attempt to notify you whenever any significant changes are made to these Terms and Conditions. However, you should periodically review the most up-to-date version of these Terms and Conditions for any changes.
Registration and Accounts
Some features of the Service may require registration and the creation of a Media League account. You agree to provide accurate and complete information about yourself as required by the registration process, and to promptly update such information as necessary. You agree to never use another user's account. You agree to keep your account identifier and password confidential and secure and you are solely responsible for all activity that occurs on your account. Further, you agree to notify the League immediately of any unauthorized use of your account. The League shall not be liable, in any way, for any loss or damage incurred in connection with any unauthorized use of your account. You may be liable for any losses of the League or others due to such unauthorized use.
Rights to the Content
The Content on the Service, and the product, brand and company names, trademarks, service marks and logos ("Marks") on the Service, are subject to copyright and other intellectual property rights under the law and are owned by or licensed to the League. Such Content is protected by Canadian and worldwide laws and treaties. Any use of any Marks on the Service, other than (1) with the express written consent of the owner of the Mark or (2) through expressly authorized functionality that the League may designate, is strictly prohibited. The League and the respective licensors reserve all rights not otherwise expressly granted in or to the Service and the Content.
Permissions and Restrictions on Use
The League grants you a limited non-exclusive, non-transferable license to access and use the Service and the Content for your own personal and non-commercial use, solely as intended through the provided functionality of the Service and as permitted by these Terms and Conditions. Except as expressly permitted, you agree not to copy, reproduce, distribute, retransmit, broadcast, communicate, publish, sell, license, make derivative works of, or otherwise exploit any Content for any other purposes without the prior written consent of the League or the respective licensors of the Content. Specifically but without limitation, (1) you shall not download any Content unless you see a “download” or similar link displayed by the League on the Service for that Content and (2) you shall not distribute any Content unless the League makes available the means for such distribution through functionality offered by the Service.
You agree not to circumvent, disable or otherwise interfere with any features of the Service that prevent or restrict access or copying of any Content or enforce limitations on use of the Service or the Content.
The Service may contain Content from a variety of sources, including other users. By using the Service, you may be exposed to Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive any rights or remedies of any kind that you may have against the League with respect to any such Content .
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the website pages of the Service itself or other expressly authorized functionality the League may designate.
You will comply with all applicable laws. You acknowledge that the League may investigate any potential violations of law and may cooperate with law enforcement authorities in prosecuting users.
The League reserves the right to discontinue any aspect of the Service at any time.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the League servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the League grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The League reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
User Content and Conduct
Subject to these Terms and Conditions and the Media League Rulebook, you may submit Content to the Service, including text, graphics, photos, sounds, videos and user comments.
You are solely responsible for the substance of your own Content and for the consequences of submitting and publishing your Content on the Service. You represent and warrant to the League that you own or have the necessary licenses, rights, consents, or permissions to publish all the Content you submit to the Service.
You retain all of your ownership rights in your Content. The League will not sell or license your Content to a third party for financial gain or compensation without your consent. You grant the League a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, transmit, communicate, distribute, adapt, prepare compilations and derivative works of, publicly display, and perform the Content in connection with the Service and the League, including without limitation (1) in connection with sponsorship and advertising on the Service, (2) for promoting and advertising the Service and the League and (3) redistributing part or all of the Service. In addition, you warrant that all "moral rights" in your Content have been waived.
You also hereby grant each other user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content through the Service. Such licenses shall apply with respect to any form, media, or technology now known or later developed.
The above licenses granted by you in text, graphics, photos, sounds, music, videos and audiovisual combinations you submit to the Service will terminate within a commercially reasonable time after you remove or delete such Content from the Service. You agree, however, that the League may retain, but not display, copies of your Content that have been removed or deleted. The above licenses granted by you in any user comments that you submit are perpetual and irrevocable.
You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the League all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Media League Rulebook, currently found at (Rulebook), which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Specifically but without limitation, you will not (1) submit to the Service any materials or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, (2) use the Service in a manner which would restrict or inhibit any other user from using or enjoying any of the Service, (3) defame, abuse, stalk, harass, bully, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity, (4) submit, link to, or otherwise distribute any profane, infringing, obscene, indecent or unlawful material or information, or (5) submit, transmit, link to, or otherwise distribute any software, information, materials or content which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
The League does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, views, or advice expressed therein, and the League expressly disclaims any and all liability in connection with such Content. The League does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the League will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
The League reserves the right to remove any Content at any time without prior notice to the user.
You acknowledge that the League does not guarantee confidentiality or anonymity with respect to any Content submitted by users.
The League may, in its sole discretion, suspend or terminate your account or your access to the Service, and remove and discard any Content, where the League believes that you have violated any of these Terms and Conditions or the Media League Rulebook. You further agree that the League shall not be liable to you or to any other person as a result of any such suspension or termination.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE LEAGUE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS 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 SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE LEAGUE SPECIFICALLY MAKES NO WARRANTIES THAT THE SERVICE, INCLUDING ANY CONTENT,ANY OTHER INFORMATION, PRIZES, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE, CONTENT, INFORMATION, PRIZES, PRODUCTS OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE LEAGUE, INCLUDING ITS OWNERS,OPERATORS, 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 LEAGUE 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 SERVICE OR THE CONTENT, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR © ANY OTHER MATTER RELATING IN ANY WAY TO THE SERVICE OR THE CONTENT.
You expressly acknowledge that the League has entered into this agreement, and has and will make a the Service and Content 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 League. 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.
You agree to defend, indemnify and hold harmless each of the League, its owners, operators, affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Service, 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 the Media League Rulebook; (b) your access to or use of the Service or Content; or © your use or reliance on, or publication, communication or distribution of anything on or from or through the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Capacity and Minors
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
Where you, as a parent or guardian, have authorized a minor to use the Service, you recognize that you are solely responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use the Service; and © the consequences of any misuse by the minor. You acknowledge that there is a risk that the Service may contain material that may be inappropriate for minors.
These Terms and Conditions, and any rights and licenses granted hereunder (1) may not be transferred or assigned by you and (2) may, except where specifically restricted herein, be assigned by the League.
Governing Law and Jurisdiction
The Service is controlled, operated and administered by the League from its offices within Canada. The League makes no representation or warranty that any of the Service is appropriate or available for use at any locations outside Canada. If you access the Service from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Service 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 the Dispute Resolution Section below, 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.
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 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.
These Terms and Conditions constitute the entire agreement between the League and you pertaining to your use of the Service and Content and supercede any prior agreements between you and the League with respect to the subject matter hereof. The League'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.