|
1. ACCEPTANCE OF
TERMS
Welcome to Media Meg!. Media Meg!
Canada Co. ("Media Meg!")provides its service to you,
subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS
at any time at: http://ca.docs.mediameg.com/info/tos.html.
In addition, when using particular Media Meg! services, you
may be subject to guidelines or rules or additional terms
(which may be posted from time to time) applicable to such
services and which are incorporated by reference into the
TOS. All such guidelines or rules are hereby incorporated by
reference into the TOS. Media Meg! may also offer other
services that are governed by different Terms of Service.
For example, but without limitation, if you are a
homesteader on Media Meg ! please note that Media Meg !
2. DESCRIPTION OF SERVICE
Media Meg! currently provides users
with access to a rich collection of resources, including,
various communications tools, forums, shopping services,
search services, personalized content and branded
programming through its network of properties which may be
accessed through various mediums or devices now known or
hereafter developed (the "Service"). You understand
and agree that the Service may include advertisements and
that these advertisements are necessary for Media Meg! to
provide the Service. You understand and agree that the
Service may include certain communications from Media Meg !,
such as service announcements and administrative messages
that are considered part of the Media Meg! Membership, and
that you cannot opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance
the current Service, including the release of new Media Meg!
properties, are subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Media Meg!
assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for obtaining
access to the Service and that access may involve third
party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including fees
associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be aware that Media Meg! has
created certain areas on the Service that contain adult or
mature content. You must have attained the age of majority
in the province or territory in which you live to access
such areas on the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving
services under the laws of Canada or other applicable
jurisdictions. You also agree to: (a) provide true,
accurate, current and complete information about yourself as
prompted by the Service's registration form (such
information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or Media Meg! has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, Media Meg! has the right to suspend or terminate
your account and refuse any and all current or future use of
the Service (or any portion thereof).
Media Meg! is concerned about the
safety and privacy of all its users, particularly children.
For this reason, parents who wish to allow their children
access to the Service should assist them in setting up any
relevant accounts and supervise their access to the Service.
By allowing your child access to the Service, they will be
able to access all of the Services including, email, message
boards, groups, instant messages and chat (among others).
Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is
your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. Media Meg PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. You
understand that through your use of the Service you consent
to the collection, use and disclosure of this information,
only as permitted by the Privacy Policy, including the
transfer of this information to the United States and/or
other countries for storage, processing, and use by Media
Meg! and its affiliates in order to provide the Service to
you.
The Media Meg! I.D. associated with
your account is the property of Media Meg! or its
affiliates, and is not your personal information.
5. MEMBER ACCOUNT, PASSWORD, AND
SECURITY
During registration for a Media Meg!
I.D., you will select a password and Media Meg! I.D. Upon
successful registration for the Service, you will receive an
account designation. You understand and agree that you are
solely responsible for maintaining the confidentiality of
your account including your password, and are fully
responsible for all activities that occur under your
account, including your password. You agree to (a)
immediately notify Media Meg! of any unauthorized use of
your password or account or any other breach of security,
and (b) exit from your account at the end of each session.
Media Meg! will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all materials,
including without limitation, information, data, text,
software, music, sound, photographs, graphics, video, and
email messages or other kinds of messages ("Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. This means that you, and not Medi aMeg!, are
entirely responsible for all Content that you upload, post,
email, transmit, or otherwise make available via the
Service. Media Meg! does not control the Content posted via
the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will Media Meg! be liable in any way for any Content,
including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind
incurred as a result of the use of or reliance upon any
Content posted, emailed, transmitted, or otherwise made
available via the Service.
You agree that you will not use the
Service to:
|
(a) |
upload,
post, email, transmit, or otherwise make available
any Content that is harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful,
racially, ethnically or otherwise objectionable or
generally unlawful; |
|
(b) |
harm minors
in any way; |
|
(c) |
impersonate
any person or entity, including, but not limited to,
a Media Meg! official, forum leader, guide or host,
or falsely state or otherwise misrepresent your
affiliation with a person or entity; |
|
(d) |
forge
headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted
through the Service; |
|
(e) |
upload,
post, email, transmit or otherwise make available
any Content that you do not have a right to make
available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or
under nondisclosure agreements); |
|
(f) |
upload,
post, email, transmit or otherwise make available
any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights
("Rights") of any party; |
|
(g) |
upload,
post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
illegal solicitation. You may, however, make legally
compliant solicitations in those areas (such as
shopping rooms) that are designated for such
purpose; |
|
(h) |
upload,
post, email, transmit or otherwise make available
any material that contains software viruses or any
other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment; |
|
(i) |
disrupt the
normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to
type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time
exchanges; |
|
(j) |
interfere
with or disrupt the Service or servers or networks
connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service; |
|
(k) |
intentionally or unintentionally violate any
applicable local, provincial, national or
international law, including, but not limited to,
regulations promulgated by the Quebec Securities
Commission, any rules of any national or other
securities exchange, including, without limitation,
the Toronto Stock Exchange, the Montreal Stock
Exchange, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations
having the force of law; |
|
(l) |
collect or
provide funds, directly or indirectly, in order to
carry out terrorist crimes, contribute to or
facilitate the activities of a terrorist group, or
instruct anyone to carry out a terrorist activity,
including doing any of the foregoing in relation to
a listed entity under s.83.05 of Part II.1 of the
Criminal Code. |
|
(m) |
"stalk" or
otherwise harass another; or |
|
(n) |
(n) collect
or store personal data about other users without
their express consent or in connection with the
prohibited conduct and activities set forth in
paragraphs (a) through (m) above. |
You acknowledge that Media Meg! does
not pre-screen Content, but that Media Meg! and its
designees have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing,
Media Meg! and its designees shall have the right to remove
any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may
not rely on any Content created by Media Meg! or submitted
to Media Meg! that is available on any part of the Service,
including without limitation information in Media Meg!
Message Boards.
You acknowledge and expressly consent
to Media Meg! accessing, preserving, and disclosing your
account information and Content if required to do so by law
or in the good faith belief that such access, preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of Media
Meg!, its users and the public.
You understand that the technical
processing and transmission of the Service, including your
Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and
software embodied within the Service may include security
components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by
Media Meg! and/or content providers who provide Content to
the Service. You agree that you will not attempt to override
or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the
transmission of technical data exported from Canada or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
Media Meg! does not claim ownership of
Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the
Service, you grant Media Meg! the following world-wide,
royalty free and non-exclusive license(s), as applicable:
- With respect to
Content you submit or make available for inclusion on
publicly accessible areas of Media Meg! Groups, the
license to use, distribute, reproduce, modify, adapt,
publicly perform, and publicly display such Content on
the Service solely for the purposes of providing and
promoting the specific Media Meg! Group to which such
Content was submitted or made available. This licence
exists only for as long as you elect to continue to
include such Content on the Service and will terminate
at the time you remove or Media Meg! removes such
Content from the Service.
- With respect to
photos, graphics, audio, or video you submit or make
available for inclusion on publicly accessible areas of
the Service other than Media Meg! Groups, the license to
use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service
solely for the purpose for which such Content was
submitted or made available. This licence exists only
for as long as you elect to continue to include such
Content on the Service and will terminate at the time
you remove or Media Meg! removes such Content from the
Service.
- With respect to
Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly
accessible areas of the Service other than Media Meg!
Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any
format or medium now known or later developed.
"Publicly accessible" areas of
the Service are those areas of the Media Meg! network of
properties that are intended by Media Meg! to be available
to the general public. By way of example, publicly
accessible areas of the Service would include Media Meg!
Message Boards and portions of Media Meg! Groups, Photos and
Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not
include portions of Media Meg! Groups, Photos, and Briefcase
that are limited to members or visitors, Media Meg! services
intended for private communication such as Media Meg! Mail
or Media Meg! Messenger, or areas off of the Media Meg!
network of properties such as portions of World Wide Web
sites that are accessible through hypertext or other links
but are not hosted or served by Media Meg!.
9. INDEMNITY
You agree to indemnify and hold Media
Meg! and its affiliates, officers, agents, co-branders or
other partners, and employees harmless from any claim or
demand, including reasonable legal fees, made by any third
party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, trade, or exploit for any commercial purposes,
any portion of the Service (including the Media Meg! I.D.
associated with your account), use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE
AND STORAGE
You acknowledge that Media Meg! may
establish general practices and limits concerning use of the
Service, including without limitation the maximum number of
days that email messages, message board postings or other
uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of
any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be
allotted on Media Meg!'s servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that Media Meg! has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that Media Meg! reserves the
right to log off accounts that are inactive for a certain
period of time as determined by Media Meg!. You further
acknowledge that Media Meg! reserves the right to change
these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Media Meg! reserves the right at any
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that Media Meg! will not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION AND RECYCLING OF
ACCOUNTS
You agree that Media Meg!, in its sole
discretion, may terminate your account or any part thereof,
including any associated email address or your use of the
Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, (a)
lack of use, (b) if Media Meg! believes that you have
violated or acted inconsistently with the letter or spirit
of the TOS, (c) requests by law enforcement or other
government agencies, (d) a request by you (self-initiated
account deletions), (e) discontinuance or material
modification to the Service (or any part thereof), (f)
unexpected technical or security issues or problems, (g) in
compliance with legal process; (h) if you have or we believe
you have engaged in illegal activities, including without
limitation, fraud, and/or (i) nonpayment of any fees owed by
you in connection with the Services. Media Meg! may also, in
its sole discretion and at any time, discontinue providing
the Service, or any part thereof, with or without notice.
You acknowledge and agree that any termination of your
access to the Service under any provision of this TOS may be
effected without prior notice and that Media Meg! may
immediately deactivate or delete your account and all
related Content (including without limitation email messages
and photos)) associated with or stored in your account
and/or bar any further access to such Content or the
Service. Further, you agree that Media Meg! is not liable to
you or any third-party for termination of your account
(including any associated email address), or termination of
your access to the Service.
As Media Meg! IDs and the related
email addresses are the property of Media Meg!, upon
termination of your account the Media Meg! I.D. or email
address previously associated with your account will become
available to other Media Meg! users to select as their Media
Meg! I.D. While Media Meg! will take reasonable steps as
described in our Privacy Policy to secure the information
provided by you prior to the termination of your account,
you understand and agree that it is solely your
responsibility and obligation to notify others that you no
longer can be contacted at a particular terminated Media
Meg! I.D. or email address. You expressly acknowledge and
agree that you, and not Media Meg!, are solely responsible
for the receipt of correspondence erroneously directed to
you at your terminated Media Meg! I.D. or email address that
may now belong to another Media Meg! user.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of,
advertisers found on or through the Service, including
payment and delivery of related goods or services, and any
other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS
associated with such dealings, are solely between you and
such advertiser. You agree that Media Meg! is not
responsible or liable for any loss or damage of any sort
incurred as a result of such dealings or as a result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or
resources. Because Media Meg! has no control over such sites
and resources, you acknowledge and agree that Media Meg! is
not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Media Meg! is not
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content,
goods or services available on or through any such site or
resource.
16. Media Meg! PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with
the Service ("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary
rights and laws. Except as expressly authorized by Media
Meg! or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
Media Meg! grants you a personal,
non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer;
provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble, or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in, or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface
that is provided by Media Meg! for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES,
REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
|
(a) |
YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MEDIA MEG! EXPRESSLY DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES, REPRESENTATIONS AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
|
(b) |
MEDIA MEG!
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
|
(c) |
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
|
(d) |
(d) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MEDIA MEG! OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MEDIA MEG! SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
(EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO
YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join any
service, receive or request any news, messages, alerts, or
other information from the Service concerning companies,
stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In
addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content
included in the Service is intended for trading or investing
purposes. Media Meg! and its licensors are not responsible
or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the
Service, and are not responsible or liable for any trading
or investment decisions made based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in this TOS, there shall be no third
party beneficiaries to this Agreement.
22. NOTICE
Notices to you may be made via either
email or regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying notices
or links to notices to you on the Service.
23. TRADEMARK INFORMATION
Media Meg! and the Media Meg! logo,
Meg! and the Meg! logo, Meg! MUSIC logo, My Media Meg!,
1-888-877-7787, Addressguard, Audibles, Big Idea Chair,
Gameprowler and the Gameprowler logo, Games Domain logo, ,
GeoGuide, Get Local, HotJobs, HotJobs.com and the
HotJobs.com logo, Imvironments, Inktomi, JT's Blocks, the
Jumpin' meg Guy logo, Life Engine, Matchcast, Naval Command,
Resumix, Smartfit, Smartview, Viaweb, Word Racer, Wordaholic
and the Media Meg ligans! trademarks and service marks and
other Media Meg! logos and product and service names are
trademarks of Media Meg! Inc. (the " Media Meg Marks")
used by Media Meg! in Canada under permission. You agree not
to display or use in any manner the Media Meg! Marks unless
you obtain Media Meg Inc.'s prior express permission. If you
are seeking permission to use any Media Meg! trademarks,
logos, service marks, trade dress, slogans, screen shots,
copyrighted designs, or other brand features.
24. NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Media Meg! respects the intellectual
property of others, and we ask our users to do the same.
Media Meg! may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that your work
has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide Media Meg! with the
following information in writing:
- a signature of
the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
- a description
of the copyrighted work or other intellectual property
that you claim has been infringed;
- a description
of where the material that you claim is infringing is
located on the site;
- your address,
telephone number, and email address;
- a statement by
you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent,
or the law; and
- 6. a statement
by you that the above information in your Notice is
accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or
intellectual property owner's behalf.
You can send claims of copyright or other intellectual
property infringement to:
Media
Meg! Canada Legal Department
1255 King Ouest
Sherbrooke, Quebec, Canada J1J 2B7
24. GENERAL INFORMATION
Entire Agreement.
The TOS constitute the entire agreement between you and
Media Meg! and govern your use of the Service, superseding
any prior agreements, oral or written, between you and Media
Meg! with respect to the Service. You may also be subject to
additional terms and conditions that may apply when you use
or purchase certain Media Meg! services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and Media Meg!
shall be governed by the laws of the province of Quebec and
Canada without regard to its conflict of law provisions. You
and Media Meg! agree to submit to the personal and exclusive
jurisdiction of the courts located within the province of
Quebec, Canada.
Waiver and Severability of Terms.
The failure of Media Meg! to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should
endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
No Right of Survivorship and
Non-Transferability. You agree
that your Media Meg! account is non-transferable and any
rights to your Media Meg! I.D. or Content within your
account terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all
Content permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Service or related to the TOS must be
filed within one (1) year after such claim or cause of
action arose or be forever barred.
Further Assurances.
You agree to use reasonable efforts to do, make, execute,
deliver, or cause to be done, made, executed, or delivered,
all such further acts, documents, and things as Media Meg!
may reasonably require from time to time for the purpose of
giving effect to these TOS, including regularly reviewing
the TOS and updating your registration information.
Language.
The parties hereto have agreed that this Agreement and any
of its accessories, including notice, be written in the
English language. Les parties aux
présentes ont exigé que ce contrat et ses accessoires, y
compris tout avis, soient rédigés en anglais.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the
TOS to our Customer Care group.
Last Updated
June, 2006.
|