PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THE VANCOUVER FREE PRESS PUBLISHING CORPORATION
SITE
Vancouver Free Press Publishing Corporation Legal Statement -
Terms and Conditions of Use
INTRODUCTION
Welcome to the Internet site of Vancouver Free Press
Publishing Corporation (referred to as the "Site").
By using the Vancouver Free Press Publishing Corporation Site,
or any of the products or services (collectively the "Services")
available on the 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 Vancouver Free Press Publishing
Corporation Site or Service, all as may be modified by Vancouver
Free Press Publishing Corporation 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 the
Vancouver Free Press Publishing Corporation Site or any of the
Services on the Vancouver Free Press Publishing Corporation
Site.
We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms and conditions of use at
any time. Please check these terms and conditions of use
periodically for changes. Your continued use of this Site
following the posting of changes to these terms and conditions of
use constitutes your acceptance of those changes.
PRIVACY
The use of this Site is subject to the Vancouver Free Press
Publishing Corporation Online Privacy Statement which forms part
of these terms and conditions of use.
TRADEMARKS AND COPYRIGHTS
All of the names, titles, logos, and designs on this Site
identifying our products and brands, including any derivative and
related names, titles, logos and designs, are trademarks and the
sole and exclusive property of Vancouver Free Press Publishing
Corporation. All other names, titles, logos and designs appearing
on this Site are the property of their respective owners. Any use
of any trademarks appearing on the Site or any of the Services
without the express written consent of the owner of the trademark
is strictly prohibited.
This Site contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text,
photographs, graphics, images, illustrations, audio, video and
software (collectively, the "Material") and the entire contents
of this Site also are protected by copyright as a collective work
and/or compilation under the Canadian copyright laws,
international conventions and other copyright laws. We own the
copyright in the Material original to us and in our selection,
coordination, arrangement and enhancement of the Material.
No Material may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way without our
express written consent. The use of any Material on any other web
site is prohibited.
VIRUSES
Vancouver Free Press Publishing Corporation assumes no
responsibility or liability for any damages (including without
limitation any damages causes by viruses) to your computer
software, equipment or other property in connection with your
access to or use of this site or your downloading of any data,
text, images, files or other materials from the site.
REGISTRATION, ACCOUNTS AND PASSWORDS
There is no cost to become a registered user of Straight.com and you do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features or resources as offered at various times.
If you elect to become a registered user of our Straight.com, you must register in accordance with instructions that you will find on the website.
As a registered user, you agree to provide true, accurate and complete information about yourself ("Registered User Data") and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our website (or any portion thereof).
You agree not to assign, transfer or sublicense your rights as a registered user of this website.
As a registered user, you also agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration and as well as all activities that occur, including transaction effected, under such password or account. Further, you agree to notify the administrator of this website of any unauthorized use of your password or account. The owners of this website will 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 these provisions.
USER CONDUCT
You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are solely responsible for all Postings that you post, email or otherwise transmit to this website. We do not control the Postings posted, emailed or otherwise transmitted on our website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
CONDUCT GUIDELINES
You agree not to use this Website to:
(i) Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) Harm minors in any way;
(iii) Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Straight.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Straight.com, our affiliates or any other person or entity;
(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this website;
(v) Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade-mark, trade secret, copyright, industrial design, right of privacy or publicity or other intellectual property or proprietary rights of any party;
(vii) Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas of this Website, if any, that are specifically designated for such purpose;
(viii) Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
(ix) Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(x) Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, any regulations having the force of law;
(xi) "Stalk" or otherwise harass another user of this Website or employee of Straight.com or our affiliates; or
(xii) Collect or store personal data or attempt to collect or store personal data about other users of the Website.
RIGHT TO REVOKE PRIVILEGES
Your privilege to contribute to discussions on this website depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, discussions on this website.
All website communications including, but not limited to, comments, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities on this website. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
LINKED WEB SITES
Please exercise discretion while browsing the Internet. As a
service to visitors to this Site, we may include links may take
you to other websites over which we have no control. These sites
are independent from Vancouver Free Press Publishing Corporation
and we do not endorse, control or make any representations,
warranties or conditions concerning their contents or links. 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.
We reserve the right to disable links to and from this
Site.
DISCLAIMER AND LIMITATION
OF LIABILITY
THIS SITE AND THE INFORMATION OR MATERIALS CONTAINED THEREIN
ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR
COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE
SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE,
UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE
FOUND OR CORRECTED. WE ALSO DO PROVIDE NO WARRANTY REGARDING THE
ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY
OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE
PROVIDED THROUGH THIS SITE.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS
AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY US AND
HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND
REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM
OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR
POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY
FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS
AND CONDITIONS OF USE. IN NO EVENT WILL WE OR OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY
PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT
FROM YOUR USE OF, OR YOUR INABILITY TO USE, THIS SITE OR
MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW,
EQUITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY,
FOR ACCESSING THIS SITE.
GOVERNING LAW AND
JURISDICTION
This Site is controlled by us from our offices within the
Province of British Columbia, Canada, and is intended for users
who reside within Canada. We make no representation that
materials on this Site are appropriate or available for use in
any particular location. Those who choose to visit and use this
Site do so on their own initiative and are responsible for
compliance with all applicable laws.
These terms and conditions of use shall be governed by and
construed in accordance with the laws of the Province of British
Columbia, without regard or giving effect to any principles of
conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms and conditions of use
shall be filed only in the provincial or federal courts located
in Vancouver, British Columbia, and you hereby consent and submit
to the exclusive personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these
terms and conditions of use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from these terms and conditions of use and shall not
affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to
the subject matter herein and shall not be modified except in
writing, signed by both parties.
English shall be the language of this Site and all
transactions occurring in connection with this Site. The parties
waive any right to use and rely upon any other language, or
translations. Il est de la volonté express des parties que le
présent site et tous les affairs qui s'y rapportent soient
rédigés en langue anglaise, exception faite des documents pour
lesquels la loi exige l'usage exclusif du français.
ARBITRATION AND
ACTIONS
Any controversy, claim or dispute arising out of or relating
to these Terms and Conditions, your use of the Vancouver Free
Press Publishing Corporation 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 Vancouver, British
Columbia in English and governed by British Columbia law. 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.
RESPONSIBILITY FOR
MINORS
In cases where you have authorized a minor to use the
Vancouver Free Press Publishing Corporation 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 the Vancouver Free Press Publishing
Corporation Site or any of the Services; and (iii) the
consequences of any misuse by the minor. You acknowledge that
some of the areas of the Vancouver Free Press Publishing
Corporation Site may contain material that is inappropriate for
minors.
PROFESSIONAL INFORMATION
DISCLAIMER
The Vancouver Free Press Publishing Corporation Site 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 Vancouver
Free Press Publishing Corporation 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 Vancouver Free Press Publishing
Corporation, 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
Vancouver Free Press Publishing Corporation through the Vancouver
Free Press Publishing Corporation 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 Vancouver Free Press Publishing Corporation; and
(c) not necessarily reflective of the views or policy of
Vancouver Free Press Publishing Corporation, including the
publisher, contributors and staff of, and advertisers on, the
Vancouver Free Press Publishing Corporation 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 Vancouver Free Press Publishing Corporation. 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. VANCOUVER FREE PRESS PUBLISHING CORPORATION
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.
SUBMISSION OF IDEAS AND/OR
SUGGESTIONS
If you have ideas and/or suggestions regarding improvements or
additions, Vancouver Free Press Publishing Corporation will
accept 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 VANCOUVER FREE
PRESS PUBLISHING CORPORATION BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE
IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO VANCOUVER FREE
PRESS PUBLISHING CORPORATION , 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 VANCOUVER FREE
PRESS PUBLISHING CORPORATION 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 VANCOUVER FREE PRESS PUBLISHING CORPORATION 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
VANCOUVER FREE PRESS PUBLISHING CORPORATION , 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 Vancouver Free Press
Publishing Corporation and you pertaining to your use of the
Vancouver Free Press Publishing Corporation Site, Services and
Content and supercede any prior agreements between you and
Vancouver Free Press Publishing Corporation with respect to the
subject matter hereof. Vancouver Free Press Publishing
Corporation'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.