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Terms of Service

 

 

Terms and Conditions of Use

Thank you for visiting theShoppingChannelBlog.com web site (the “Site”).
Please read these Terms and Conditions of Use (the “Agreement”) carefully
before using the Site. By using the Site, you agree to comply with the Agreement.
If you do not agree to comply with the Agreement, you may not use the Site.
Rogers Publishing Limited (“Rogers”) and its affiliates (collectively,
“we”, “us”) reserve the right, at our sole discretion, to
modify the Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified version on the Site. You agree to review
the Agreement periodically to be aware of such modifications, and your continued
use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

1. Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material
(“Content”) posted on the Site, are protected by copyright, trade-mark,
and other intellectual property and proprietary rights laws, and are owned and/or
controlled by Rogers and/or its affiliates, licensors and related companies.
All Content posted on this Site, remains the valuable intellectual property
of its owner(s), and is made available on the Site solely for your own personal,
non-commercial, lawful use. You agree to abide by all copyright notices, information
and restrictions contained in or displayed with any Content.

2. No Rights Granted in Trade-Marks or Content

Nothing contained on the Site should be considered as granting you, by implication,
estoppel, or otherwise, any license or right to use any trade-marks, logos,
or other names, including, but not limited to, those identifying Rogers and/or
its affiliates, licensors and related companies, or their respective products
and services displayed on the Site, without the expressed written consent of
the applicable rights holder. You do not acquire any ownership rights in any
Content, nor are you granted any commercial, sale, resale, reproduction, licensing
or sub-licensing, distribution, publishing, broadcast, transmission, performance
or promotional use rights with respect to the Content.

3. Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal,
non-commercial home use, and you may not copy, forward, modify, translate, license
or sublicense, distribute, publish, broadcast, transmit, perform, display, sell
or disseminate any Content to another recipient. You are hereby advised that
Rogers, its affiliates and licensors will aggressively enforce their intellectual
property rights to the fullest extent permitted by law.

4. Prohibited Use of the Site and Content

Your use of the Site and Content must comply with this Agreement, all applicable
laws and all applicable Rogers policies. Without limitation, you may not use
the Site to directly or indirectly:

(a) invade another person’s privacy or collect, disclose or store personal
information about other persons (including telephone numbers, street addresses,
email addresses, last names, etc.);

(b) “stalk” or otherwise harass another person;

(c) harm minors;

(d) unlawfully promote or incite hatred; or

(e) impersonate any person or entity, including, but not limited to a Rogers
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity.

5. Uploaded Content

Grant of Rights. With respect to Content that you upload, post, transmit,
distribute or otherwise disseminate or make available on or through the Site
(your “Contributions”), you irrevocably grant us the world-wide, perpetual,
royalty-free, non-exclusive, sub-licensable and transferable right and license
(without obligation) to use, distribute, reproduce, encode, modify, adapt, edit,
display, exhibit, publish, translate, publicly perform, communicate, publicly
display your Contributions, and to incorporate them into other works, in any
format and through any media channel, whether now known or hereafter invented,
including, without limitation, by way of the Site. Subject to the rights expressly
granted to us, you retain ownership of the copyright in your Contributions.

Moral Rights Waiver. You irrevocably waive your so-called moral rights with
respect to your Contributions, in connection with our exploitation of the rights
granted to us in this Agreement.

5.3 Prohibited Content. You will not upload, post, transmit, distribute, or
otherwise disseminate or make available on or through the Site any Content that:

(a) is copyrighted, protected by trade secret or otherwise subject to third
party proprietary or contractual rights, including privacy and personality/publicity
rights, unless you are the owner of such rights or have written permission from
their rightful owner to post the Content and to grant us all of the rights granted
herein;

(b) is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive,
threatening, intimidating, pornographic, harassing, abusive, hateful, racially
or ethnically offensive, encourages or assists conduct that would constitute
a criminal offence, could result in civil liability, or is otherwise objectionable,
offensive, inappropriate or unlawful;

(c) implies or suggests an endorsement by us;

(d) in the case of audio or video Content, is greater than ten (10) minutes
in duration;

contains advertising, a solicitation of funds, or a solicitation for goods
or services; or

otherwise violates this Agreement or any applicable municipal, provincial,
federal or international law, order or regulation.

Third Party Clearances. You represent and warrant that you own or have secured
all necessary licenses, rights, consents and permissions to use, and to authorize
us to use, any trade-marks, copyrighted material or other intellectual property
and/or proprietary material contained in your Contributions, and that you have
the written consent, release and/or permission of every identifiable individual
person appearing or referenced in your Contributions to use his/her name and/or
likeness.

Removal of Content. Rogers has no obligation to, and does not and cannot, monitor
or review every item of Content that you and other users make available through
the Site, and Rogers is not responsible for any of this Content. However, Rogers
reserves the right to investigate, monitor, delete and/or refuse to transmit,
move, remove, edit or refuse to post any material or information, in whole or
in part, without notice to you, that it deems in its absolute discretion, unacceptable,
undesirable or in violation of any law or this Agreement.

Responsibility for Uploaded Content. You will be solely responsible for any
Content that you make available through the Site, and any liability resulting
from its use as contemplated in this Agreement. You will also be liable for
any costs, losses or damage resulting, directly or indirectly, from your making
any Content available on or through the Site.

Postings Non-Confidential. Any communications, comments, ideas or concepts
that you post to the Site will be treated as non-confidential and non-proprietary.
You agree that Rogers and its affiliates are free to use any ideas, concepts,
know-how or techniques that you send us for any purpose.

6. Third Party Content

Third Party Content. You acknowledge that, despite the prohibitions above,
Content posted on the Site by other end users, may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services and links to other
web sites. We do not have control over Content provided by third parties, and
assume no responsibility or liability for it. Content you access or transmit
using the Site is accessed and transmitted at your own risk.

Third Party Web sites. Web sites accessed via links or other means from the
Site have, unless otherwise indicated, been independently developed by third
parties. The inclusion of any Content or links on the Site should not be construed
as an express nor an implied endorsement of any third party products or services
by us. We are not responsible for the Content or opinions expressed on any linked
web sites, and such web sites are in no way investigated, monitored or checked
by us.

Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext
link to the Site on another web site, provided that (a) the appearance, position
and other aspects of the link may not be such as to damage or dilute the goodwill
associated with our names and trade-marks; (b) the appearance, position and
other aspects of the link may not create the false appearance that an entity
is associated with or sponsored by us; (c) the link, when activated by a user,
must display the Site full-screen and not within a “frame” on the
linked web site; and (d) we reserve the right to revoke our consent to the link
at any time in our sole discretion.

Security

You may be issued a unique user name and password to access portions of the
Site. You are solely responsible for protecting your user name and password.
We are not liable for any claims, losses, actions, damages, suits or proceedings
relating to the sharing of your user name and password with others. You agree
to notify Rogers immediately after you become aware of any unauthorized use
of your user name and password, and to take such reasonable steps as are necessary
to prevent any reoccurrence of such event.

Termination

This Agreement shall continue indefinitely until terminated by you or us pursuant
to the provisions hereof or in accordance with applicable law. We may discontinue,
or terminate your access to, the Site or any portion of the Site, at any time
without notice to you. Our discontinuance of the Site or any portion of the
Site may result in the removal or deletion of Content made available by you.
You are responsible for maintaining any required back up copies of such Content.
Rogers will not be liable to you with respect to its deletion of any Content.

10. Disclaimer of Warranties

The Site, And All Content, Material, Information Or Postings Found On Or Accessed
Through The Site, Are Provided On An “As Is” Basis. Rogers, Its Affiliates,
Licensors And Related Companies, And Each Of Their Respective Directors, Officers,
Employees, Consultants And Agents Expressly Disclaim Any And All Representations,
Warranties And Conditions, Express And Implied, Including, Without Limitation,
Any And All Representations And Warranties Of Title And Non-Infringement, And
All Implied Warranties And Conditions Of Merchantable Quality, Fitness For Any
Particular Purpose, Suitability For Any Particular Purpose, And Any Representations,
Warranties Or Conditions Arising From Any Course Of Dealing Or Usage Of Trade,
With Respect To The Site Or The Content Contained In Or Accessed Through The
Site. Neither Rogers Nor Its Affiliates, Licensors And Related Companies, And
Each Of Their Respective Directors, Officers, Employees, Consultants And Agents
Makes Any Representations Or Warranties As To The Accuracy, Timeliness, Reliability,
Truthfulness Or Completeness Of The Site Or The Content Contained In Or Accessed
Through The Site, Including, But Not Limited To, The Contents Of Any Content,
Information, Material, Or Posting Found On The Site (Including, But Not Limited
To, Any Press Releases Or Financial Information), Any Services Provided Through
The Site, Or Any Links To Other Sites Made Available On The Site Or The Content
Contained On Such Site(S), Or As To The Continuous Or Error Free Use And Operation
Of The Site. Neither Rogers Nor Its Affiliates, Licensors And Related Companies,
And Each Of Their Respective Directors, Officers, Employees, Consultants Or
Agents Makes Any Representations Or Warranties That The Site Or Access To And
Use Of The Site Will Be Uninterrupted, Error Free, Or Free From Defects, Viruses
Or Other Harmful Components. You Expressly Agree That Use Of The Site Is At
Your Sole Risk.

11. Limitation of Liability

Under No Circumstances, Including, But Not Limited To, Negligence, Gross Negligence,
Negligent Misrepresentation And Fundamental Breach Shall Rogers Or Its Affiliates,
Licensors And Related Companies, And Each Of Their Respective Directors, Officers,
Employees, Consultants And Agents Be Liable For Any Direct, Indirect, Incidental,
Special Or Consequential Damages Or Any Loss That Result From Your Use Of, Or
Your Inability To Use, Any Content, Information, Material, Or Postings On The
Site, Directly Or Indirectly. These Limitations Apply Regardless Of Whether
The Party Liable Or Allegedly Liable Was Advised, Had Other Reason To Know,
Or In Fact Knew Of The Possibility Of Such Damages. You Specifically Acknowledge
And Agree That Neither Rogers Nor Its Affiliates, Licensors And Related Companies,
Nor Each Of Their Respective Directors, Officers, Employees, Consultants And
Agents Shall Be Liable For Any Defamatory, Offensive Or Illegal Conduct Of Any
User, Including You.

12. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify
and hold harmless Rogers, its affiliates, licensors and related companies, and
each of their respective directors, officers, employees, consultants and agents
from and against all claims, liability, and expenses, including all legal fees
and costs, arising out of: (a) your breach of any provision of this Agreement;
or (b) your use of the Site, the Content contained in the Site and the placement
or transmission of any Content on the Site made by you or others using your
user name and password. Rogers reserves the right, in its sole discretion and
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you. You will co-operate as fully as
reasonably required in the defense of any claim.

13. Privacy

Our collection, use and disclosure of personal information in connection with
the Site is governed by our Privacy Policy, which is posted at http://www.rogerspublishing.ca/privacy.htm.

Remedies & Recourse

14.1 If you are dissatisfied with the Site or with this Agreement, your sole
and exclusive remedy is to discontinue using the Site.

14.2 Rogers reserves the right to seek all remedies available at law and in
equity for violations of this Agreement, including the right to block access
from a particular IP address to the Site or any part thereof.

15. Contact

To contact Rogers in connection with this Agreement or the Site, send an e-mail
to webmedia@rci.rogers.com or write to Rogers Media Web Customer Care, One Mount
Pleasant Road, 8th Floor, Toronto, ON M4Y 2Y5.

16. Other Important Terms

Any disputes arising hereunder shall be governed exclusively by the laws of
the province of Ontario and the laws of Canada applicable therein, without giving
effect to their conflict of laws principles. You expressly consent to the exclusive
forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court
of Canada in Ontario, or any other judicial district or jurisdiction as Rogers
may determine in any and all actions, disputes, or controversies relating hereto.
This Agreement and any rules, policies, guidelines or other agreements posted
on the Site by Rogers constitute the entire agreement between Rogers and you
with respect to your use of the Site. No waiver by either Rogers or you of any
breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. If any provisions contained herein shall be
determined to be void, invalid, or otherwise enforceable by a court of competent
jurisdiction, such termination shall not affect the remaining provisions contained
herein. This Agreement has been drawn up in the English language at the express
request of the parties. La présente convention a été rédigée
en anglais à la demande expresse des parties.