Bell
Globemedia Website Terms and Conditions
(Last Updated on August 1, 2003)
THESE
TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A BGM SITE.
INTRODUCTION
Welcome to the Internet sites of Bell Globemedia Inc. and its
subsidiaries ("BGM"). These Terms and Conditions apply
to all BGM Internet sites which reference these Terms and Conditions,
including oddjobjack.com, TSN.ca, CTV.ca, EXN.ca, TALKTV.ca,
THECOMEDYNETWORK.com, ROBTV.com, GLOBEANDMAIL.com, GLOBETECHNOLOGY.com,
GLOBEBOOKS.com, GLOBEINVESTOR.com and GLOBEFUND.com (each a
"BGM Site" and collectively the "BGM Sites").
By using a BGM Site, or any of the products or services (collectively
the "Services") available on a BGM Site, you agree,
without limitation or qualification, to be bound by these terms
and conditions and such other additional or alternative terms,
conditions, rules and policies which are displayed or to which
you may be directed in connection with any particular BGM Site
or Service, all as may be modified by BGM from time to time
in its sole discretion (collectively the "Terms and Conditions").
If you do not agree with these Terms and Conditions, you may
not use a BGM Site or any of the Services on a BGM Site.
Please
note that we reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms and Conditions
at any time. Please check periodically for changes. Your continued
use of a BGM Site following the posting of any changes to these
Terms and Conditions will mean you accept those changes.
PRIVACY
For information on how user information is collected, used and
disclosed by BGM in connection with your use of a BGM Site and
any of the Services, please consult our Privacy Policy.
REGISTRATION,
ACCOUNTS and PASSWORDS
Certain of the Services and related features made available
on a BGM Site may require registration or subscription. Should
you choose to register or subscribe for any such Services or
related features, you agree to provide accurate and current
information about yourself as required by the relevant registration
or subscription process, and to promptly update such information
as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for: (a) maintaining the confidentiality
of any passwords or other account identifiers which you choose
or are assigned as a result of any registration or subscription
on a BGM Site, and (b) all activities that occur under such
password or account. Further, you agree to notify BGM of any
unauthorized use of your password or account. BGM shall not
be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of,
or in connection with, your failure to comply with this Section.
RESTRICTIONS
ON USE OF MATERIALS
All material, information and content (collectively "Content")
available on a BGM Site, including the manner in which such
Content is presented, and the Services are: Copyright 2003 Bell
Globemedia Inc., its affiliates and/or licensors. All rights
reserved. Such Content is protected by Canadian and worldwide
copyright laws and treaty provisions. BGM grants you a limited
non-exclusive, non-transferable license to use and display on
your computer or other electronic access device, the Content
and Services for your own personal and non-commercial use only,
provided that you do not modify the Content and that you maintain
all copyright and other proprietary notices. Except as provided
herein, you agree not to reproduce, make derivative works of,
retransmit, distribute, sell, publish, communicate, broadcast
or otherwise make available any of the Content obtained through
a BGM Site or any of the Services, including without limitation,
by caching, framing or similar means, without the prior written
consent of the respective copyright owner of such Content.
TRADEMARKS
TSN, WTSN, TSN.ca, The Sports Network are trademarks of The
Sports Network Inc., Speed Letter Graphics is a trademark of
ESPN Inc., used under license. CTV, The Comedy Network and Talktv.ca
and all associated designs and logos are trademarks of CTV Inc.,
used under license. The Discovery Channel is a trademark of
Discovery Communications Inc., used under license. Report on
Business, The Globe and Mail, Globeinvestor and Globefund and
all associated designs and logos are trademarks of Bell Globemedia
Publishing Inc., used under license. All other product, brand
and company names and logos used or mentioned on a BGM Site
or any of the Services may be the trademarks or registered trademarks
of their respective owners. Any use of any trademarks appearing
on a BGM Site or any of the Services without the express written
consent of the owner of the trademark is strictly prohibited.
USER
CONDUCT
In consideration of the availability, and your use, of a BGM
Site or any of the Services, you agree to comply with all applicable
laws and these Terms and Conditions when using such BGM Site
or Service. You acknowledge that BGM may investigate any violations
of law and may cooperate with law enforcement authorities in
prosecuting users in this regard. Additionally, you agree not
to:
post,
transmit, link to, or otherwise distribute any materials, information
or content constituting, advocating or encouraging conduct that
would constitute a criminal offense or give rise to civil liability,
or otherwise use a BGM Site or any of the Services in a manner
which is contrary to law or would serve to restrict or inhibit
any other user from using or enjoying a BGM Site, any of the
Services, or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate
the legal rights of others, including without limitation, rights
relating to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
material or information;
post, transmit, link to, or otherwise distribute any information,
materials or content (including for greater certainty, software)
which contains a virus, cancelbot, trojan horse, worm or other
harmful or disruptive component.
RESPONSIBILITY
FOR MINORS
In cases where you have authorized a minor to use a BGM Site
or any of the Services, you recognize that you are fully responsible
for: (i) the online conduct of such minor; (ii) controlling
the minor's access to and use of a BGM Site or any of the Services;
and (iii) the consequences of any misuse by the minor. You acknowledge
that some of the areas of a BGM Site may contain material that
is inappropriate for minors.
FORUMS
AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available
on a BGM Site (collectively "Forums") or otherwise
submitting any materials to us through any other content generating
or submitting Service on a BGM Site, you automatically grant
(or warrant that the owner of such materials expressly grants)
BGM a world-wide, perpetual, royalty-free, irrevocable and nonexclusive
right and license to use, copy, adapt, transmit, communicate,
publicly display and perform, distribute and create compilations
and derivative works from such submitted materials, for the
limited purposes of publishing and promoting such materials
in connection with the Forum or other Service through which
the materials were submitted or generated, and for all promotions
thereof. Such license shall apply with respect to any form,
media, or technology now known or later developed. In addition,
you warrant that all "moral rights" in such materials
have been waived.
When
participating in a Forum, never assume that people are who they
say they are, know what they say they know, or are affiliated
with whom they say they are affiliated. BGM cannot be responsible
for the content or accuracy of any information, and will not
be responsible for any reliance or decisions made based on such
information. When using a Forum, you may not post, transmit,
link to, or otherwise distribute any information, materials
or content that do not generally pertain to the designated topic
or theme of the particular Forum. Use of a Forum for commercial
purposes of any kind is strictly prohibited. Please note that
BGM reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of these Terms
and Conditions.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A BGM SITE AND
ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THAT BGM MAKES NO WARRANTIES,
REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES")
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) BGM SPECIFICALLY MAKES
NO WARRANTIES THAT A BGM SITE OR ANY OF THE SERVICES, INCLUDING
ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM
OR THROUGH THE USE OF A BGM SITE OR ANY OF THE SERVICES, WILL
BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
PROFESSIONAL
INFORMATION DISCLAIMER
The BGM Sites may make available certain information provided
by third parties related to various professional fields such
as, without limitation, medicine and other health and fitness
related matters, law, accounting and financial planning and
investments (the "Professional Information"). The
Professional Information is provided for educational and entertainment
purposes only and should not be interpreted as a recommendation
for a specific treatment plan, product or course of action.
Use of a BGM Site does not replace consultations with a qualified
medical, legal, financial or other relevant professional. In
addition, while the Professional Information is frequently updated,
this information changes rapidly and therefore, some of the
Professional Information may be out of date. You agree that
all risk associated with the use of, or reliance on, any of
the Professional Information rests with you. You further agree
that BGM, including its suppliers, shall not be responsible
or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection
with your use of, or reliance on, any such Professional Information.
FINANCIAL
INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations,
description of, or references to, products or securities) made
available by BGM through a BGM Site or any of the Services is:
(a) for information purposes only; (b) not to be used or construed
as an offer to sell, a solicitation of an offer to buy, or an
endorsement, recommendation, or sponsorship of any entity or
security by BGM; and (c) not necessarily reflective of the views
or policy of BGM, including the publisher, contributors and
staff of, and advertisers on, a BGM Site. You acknowledge and
agree that any request for information by you is unsolicited
and shall neither constitute nor be construed as investment
advice by BGM. You should apply your own judgment in making
any use of any Content, including, without limitation, the use
of any information contained therein as the basis for any conclusions.
You bear responsibility for your own investment research and
decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY
RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT
ADVISOR. BGM DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL,
TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY,
PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT,
SECURITY, OR INFORMATION SOURCE.
You
acknowledge that BGM or its affiliates may invest or otherwise
hold interests in entities which may be referenced in any of
the Services or Content accessible through a BGM Site. The views
and opinions expressed on a BGM Site are not intended to constitute
a description of securities bought, sold, or held on behalf
of BGM nor an indication by BGM of any intention to buy, sell,
or hold any security.
DISCLAIMER
REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings,
musical works, performances, graphics, video, cinematic productions,
audio-visual works and any other works (the "Multimedia
Content") located through a BGM Site's search services
are protected by copyright and/or other intellectual property
laws. BGM does not have the right to authorize you to reproduce,
distribute, publicly display, publicly perform, communicate
or create derivative works from any files containing such Multimedia
Content. Where search results link to sites outside a BGM Site,
all of the Multimedia Content contained on such sites is owned
and served by entities other than BGM. BGM provides you with
the URL or address of the Multimedia Content; this information
may be used to determine the server of the Multimedia Content.
If you intend to make use of any Multimedia Content accessed
through a BGM Site's search services for commercial or noncommercial
purposes, we strongly suggest that you contact the server and/or
owner of the Multimedia Content for permission to use such Multimedia
Content.
MONITORING
You acknowledge that BGM has no obligation to monitor a BGM
Site or any content accessible through a BGM Site or any of
the Services. However, you agree that BGM has the right to monitor
a BGM Site electronically from time to time and to disclose
any information as necessary to satisfy any law, regulation
or other governmental request, to operate a BGM Site or any
of the Services properly, or to protect itself or its users
in accordance with the Privacy Policy.
MODIFICATIONS
BGM reserves the right, in its sole discretion, to add to, remove,
modify or otherwise change any part of these Terms and Conditions,
in whole or in part, at any time. Except as otherwise expressly
contemplated herein, changes will be effective when notice of
such change is posted on a BGM Site. Please check these Terms
and Conditions regularly for updates by checking the date of
"Last Update" at the top of this document. If any
change is not acceptable to you, you must discontinue your use
of a BGM Site and any of the Services immediately. Your continued
use of a BGM Site or any of the Services after any such changes
are posted will constitute acceptance of those changes. Further,
BGM reserves the right to change, modify, suspend or discontinue
any aspect of a BGM Site, Services or Content from time to time
without notice or liability and for any reason whatsoever.
DOWNLOADS
AND SHAREWARE
Certain BGM Sites allow you to download software applications
or other forms of Content, including files, images and/or data
incorporated therein (collectively, the "Software").
The Software is made available to you by BGM or third parties
subject to the terms and conditions made available to you during
the software installation process. Additionally, you agree that
the Software is licensed to you by BGM or third parties for
your personal and non-commercial use only provided that you
do not modify the Software and that you maintain all copyright
and other proprietary notices and that BGM or the designated
third parties retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form. You agree that
it is your responsibility to review and evaluate the Software
and the related terms and conditions, and that all risk associated
with the use of, or reliance on, the Software rests with you.
You further agree that BGM, including its suppliers, shall not
be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of,
or in connection with your use of, or reliance on, the Software,
including the failure of the Software to meet your needs, standards,
expectations or specifications.
CONTENT
LINKED TO A BGM SITE
Please exercise discretion while browsing the Internet. Please
note that certain links on a BGM Site may take you to other
websites. BGM provides these links only as a convenience and
not as an endorsement by BGM. These linked sites are not necessarily
under the control of BGM. If you decide to visit any linked
site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses and
other destructive elements. BGM is not responsible for the content
of any such linked sites or any other web page which is not
part of a BGM Site and under BGM's control. Unless otherwise
expressly provided, BGMl makes no representation or warranty
regarding, and does not endorse, any linked site or the information,
products or services appearing thereon. Accordingly, you agree
that BGM will not be responsible or liable in any way for the
accuracy, relevancy, copyright compliance, legality, or decency
of material contained in any site linked from a BGM Site.
DEALINGS
WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business
dealings with any third parties, including any merchants or
advertisers, found on, or through, a BGM Site or any of the
Services, including payment for and delivery of related goods
and services, and all other terms, conditions, representations
and warranties related to such dealings, are solely as between
you and such third parties. BGM assumes no responsibility whatsoever
for any charges you or any user of your account incurs when
making purchases or other transactions in this manner. Further,
the responsibility for ensuring compliance with all applicable
laws in connection with any such transactions shall be your's
alone. You agree that BGM shall not be responsible or liable
in any way for any loss or damage of any kind incurred as a
result of, or in connection with, any such dealings or transactions.
SUBSCRIPTION/FEE
BASED SERVICES
Certain of the Services made available on a BGM Site may be
offered by BGM on a payment basis (a "Pay Service").
Pay Services may be offered by BGM on a prepaid usage basis
or on a periodic subscription ("Subscription") basis.
Should you choose to purchase a Pay Service, you will be required
to register as described above, and you will be assigned an
account for such Pay Service (the "Pay Service Account")
based on the information you provide as part of the registration
process. You agree to pay all the fees applicable for such Pay
Service you incur through your Pay Service Account, including
any fees associated with the use of such Pay Service together
with all applicable taxes (the "Fees"). Unless otherwise
indicated on the relevant Pay Service description page (the
"Pay Service Description"), the Fees for a Pay Service
purchased through your Pay Service Account are chargeable immediately
(and at the beginning of each renewal period for periodic Subscription
Pay Services) to the credit card you designated for the particular
Pay Service Account or through such other billing process as
applicable. All Fees are non-refundable. BGM reserves the right
to change the amount of, or basis for determining, any Fees
for a Pay Service, and to institute new Fees or terms at any
time effective upon notice to you, which notice may for certainty
include the posting of any such changes on the relevant pages
related to the use of the Pay Service.
Please
note that Subscription Pay Services renew automatically at the
end of the relevant period as set out in the applicable Pay
Service Description and Fees in respect of each such renewal
shall be based on the then current rate for the particular Subscription
Pay Service. You may terminate your subscription at any time,
which termination will only be effective at the end of your
subscription period.
By
registering for a Pay Service, you warrant that: (a) you are
of the age of majority in the jurisdiction in which you reside,
(b) all information you submit is true and correct (including
without limitation all credit card information), and (c) you
are the cardholder of the credit card you designated for your
Pay Service Account.
In
consideration of the availability, and your use, of a Pay Service,
you acknowledge and agree: (a) to these Terms and Conditions,
including without limitation the disclaimers, limitation of
liability and provisions related to prohibited conduct set out
herein as well as any terms and conditions which may be set
out in the relevant Pay Service Description, (b) that you are
solely responsible for all acts or omissions that occur through
your Pay Service Account, (c) that the Pay Service is for your
personal, non-commercial use and you agree not to resell, distribute,
transfer, share or otherwise use any Pay Service, including
any coupons or credits related to same for any commercial purposes
whatsoever, (d) that BGM reserves the right to specify an expiry
date for the use of any coupons or credits purchased in connection
with any Pay Service, and (e) that BGM reserves the right to
suspend or terminate your Pay Service Account and your use of
a Pay Service at any time, including without limitation, where
BGM has determined, in its sole discretion, that your use of
the Pay Service is, or was, in breach of these Terms and Conditions.
Any such termination by BGM shall be in addition to and without
prejudice to such rights and remedies as may be available to
BGM, including injunction and other equitable remedies. Your
ability to use the Pay Service is also subject to any limits
established by BGM or by your credit card issuer. If Fees cannot
be charged to your credit card or your charge is returned for
any reason, including chargeback, BGM reserves the right to
either suspend or terminate your Pay Service Account and your
access to the Pay Service.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless each of BGM,
its affiliates and licensors and each of their respective officers,
directors, employees and agents, including all third parties
mentioned on a BGM Site, 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; (b) your access
to or use of a BGM Site, Services or Content; or (c) your use
or reliance on, or publication, communication or distribution
of anything on or from a BGM Site or through any of the Services.
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.
LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BGM,
INCLUDING ITS 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 BGM 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 SERVICES
OF A BGM SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION
TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER
RELATING TO A BGM SITE OR ANY OF THE SERVICES.
You
expressly acknowledge that BGM has entered into this agreement,
and has and will make a BGM Site, Content and Services 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 BGM. 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.
GOVERNING
LAW/JURISDICTIONAL ISSUES
All BGM Sites and Services are controlled, operated and administered
by BGM from its offices within Canada. BGM makes no representation
or warranty that a BGM Site or any of the Services are appropriate
or available for use at any locations outside Canada. If you
access a BGM Site from outside Canada, you are responsible for
compliance with all applicable laws. You may not export any
of the Content accessible through a BGM Site 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 Arbitration
and Actions paragraph 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.
ARBITRATION
AND ACTIONS
Any controversy, claim or dispute arising out of or relating
to these Terms and Conditions, your use of any BGM Site or 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.
TERMINATION
You acknowledge and agree that BGM, in its sole and absolute
discretion, may, without notice to you, suspend or terminate
your account or your use of, or access to, a BGM Site or any
of the Services, and remove and discard any information or content
related to a BGM Site or any of the Services (and your use thereof),
for any reason, including where BGM believes that you have violated
any of these Terms and Conditions. You further agree that BGM
shall not be liable to you or to any other person as a result
of any such suspension or termination. If you are dissatisfied
with a BGM Site or any of the Services or with any terms, conditions,
rules, policies, guidelines, or practices of BGM in operating
a BGM Site or any of the Services, your sole and exclusive remedy
is to discontinue using a BGM Site or any of the Services.
SUBMISSION
OF IDEAS AND/OR SUGGESTIONS
BGM is always improving its websites and Services and developing
new features. If you have ideas and/or suggestions regarding
improvements or additions, we would like to hear them - but
any submission will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR
SUGGESTION OR RELATED MATERIAL TO BGM BE SUBJECT TO ANY OBLIGATION
OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING
THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO BGM, YOU
ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA
AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING
AND WARRANTING TO BGM THAT THE IDEA AND/OR SUGGESTION OR ANY
RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE
HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED
MATERIAL AND THAT BGM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION
AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED
OR AS MODIFIED BY BGM, WITHOUT OBTAINING PERMISSION OR LICENSE
FROM ANY THIRD PARTY.
GENERAL
PROVISIONS
This agreement is personal to you, and you may not assign your
rights or obligations to anyone. These Terms and Conditions
constitute the entire agreement between BGM and you pertaining
to your use of a BGM Site, Services and Content and supercede
any prior agreements between you and BGM with respect to the
subject matter hereof. BGM'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.
Copyright
2004 Bell Globemedia Inc.
All Rights Reserved.