WEBSITE TERMS AND CONDITIONS
Date of last revision: January 16, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY DOSE AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF DOSE'S LIABILITY AND DISCLAIMERS. 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 DOSE SITE OR THE SERVICES WILL MEAN YOU ACCEPT THOSE CHANGES.
1. ACCEPTANCE OF TERMS
All website services provided to you by Dose and, Canwest Interactive, both divisions of Canwest Publishing Inc., and any of their respective affiliates, unaffiliated partners and/or licensors (together herein referred to as "Dose") are provided to you subject to the following terms and conditions of service. By using any Dose websites (each a "Dose Site") or any products, content or other services available on a Dose Site (each a "Service" and collectively, the "Services"), 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 Dose Site or Service, all as may be modified by Dose from time to time in its sole discretion (collectively the "Terms and Conditions"). These Terms and Conditions, along with any modifications referred to, shall be the entire agreement between you and Dose and any prior communications between you and Dose (including, for example, emails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a Dose Site or any of the Services on a Dose Site.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' 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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You will receive a password and member account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dose of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dose cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. DOSE PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Statement. You agree that Dose has the right, but not the obligation, to monitor the Dose Sites and the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Dose Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.
4. USER CONDUCT
You understand that all information, data, text, software, music (including both the particular performance/s and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, idea, reviews, opinions, suggestions or other materials ("Submitter Content"), whether publicly or privately posted, emailed, transmitted, uploaded or other submitted to Dose, a Dose Site or the Services, are the sole responsibility of the person from which such Submitter Content originated and any such post, email, transmission, uploading or other submission of such Submitter Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the Music Submission License, Release and Waiver and/or the Submission Grant, Release and Waiver (both as defined in Section 5 below), you also acknowledge and agree that you, and not Dose, are entirely responsible for all Submitter Content that you post, e-mail, transmit, upload or otherwise submit via Dose Sites and/or pursuant to the Services. Dose does not control the Submitter Content posted via the Dose Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using a Dose Site or Service, you may be exposed to Content (as defined below) that is offensive, indecent or objectionable. Under no circumstances will Dose be liable in any way for any Content (including Submitter 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 any Submitter Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitter Content that:
(a) is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes information that is false, misleading, is illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
(m) contains or will contain any disabling mechanism or protection feature designed to prevent its use including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or any Dose Site and any world wide web pages or any operating system software or hardware on which such Content, Service or Dose Site is operated or displayed except as specifically designed into the Content.
Dose and its designees shall have the right to remove any Submitter Content that violates these Terms and Conditions, 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. You acknowledge and agree that Dose may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Dose, its users and the public.
5. SUBMITTED/UPLOADED CONTENT
You agree that by posting, emailing, transmitting, uploading or otherwise submitting any Submitter Content materials to any content generating or submitting Service on a Dose Site including, without limitation, to any chat-room, forum, literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference. For any music that may be uploaded please refer to the following Music Submission License, Release and Waiver [see Schedule "A" for Music Submission License, Release and Waiver] which is binding on you. For all other Submitter Content please refer to the following Submission Grant, Release and Waiver [see
Schedule "B" for Submission Grant, Release and Waiver] which is binding on you. Each of the Music Submission License, Release and Waiver and the Submission Grant, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, EMAILING, TRANSMITTING, UPLOADING OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO ANY DOSE SITE OR SERVICE. ANY SUCH POSTING, EMAILING, TRANSMITTING, UPLOADING OR OTHER SUBMISSION OF CONTENT TO A DOSE SITE OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMITTER CONTENT OR RELATED MATERIAL TO DOSE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE GOVERNED BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING SUBMITTER CONTENT OR ANY RELATED MATERIAL TO DOSE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO DOSE THAT THE SUBMITTER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND THAT DOSE IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DOSE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
6. FORUMS AND CHAT ROOMS
When participating in a forum or chat room, 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. Dose 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 or chat room, 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 or chat room. Use of a forum or chat room for commercial purposes of any kind is strictly prohibited. Please note that Dose 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.
Use of and/or participation on any forum, chat room or message board shall indicate your acceptance of these Terms and Conditions of use.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a Dose 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 Dose 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 Dose Site may contain material that is inappropriate for minors. You acknowledge that Dose has no obligation to monitor the Services or any Content accessible through the Dose Sites.
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
All material, information and content (collectively "Content") available on a Dose Site, including the manner in which such Content is presented, and the Services are: Copyright 2008 Dose, a division of Canwest Publishing Inc., its affiliates, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Dose 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 Dose Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on any Dose Site (each, a "Contest") shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
9. COMMERCIAL USE
No bulletin board, forum, chat room or other areas of the Dose Sites may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Dose Sites and barring such violators from use of the Dose Sites. We reserve the right to block access to Dose Sites by any user known or reasonably believed to be utilizing automated means to process commercial uses (including sale of goods and services).
10. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" pages contained on Dose Sites, or make any other request to transactional servers, more than once during any three second interval.
11. DOWNLOADS
Certain Services may 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 Dose or third parties subject to the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by Dose 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 Dose 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 Dose, 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. Dose Sites and/or Services and software derived from Dose Sites and/or Services may be further subject to certain Canadian and United States export controls. No software from any Dose Site or Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders with the required export permits. By downloading or using the Dose Sites, Services or any software derived there from, you acknowledge that it is your responsible to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.
12. INDEMNITY
You agree to defend, indemnify and hold harmless each of Dose, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Dose 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 (including any Terms and Conditions incorporated by reference); (b) your access to or use of a Dose Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Dose 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.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Dose may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that e-mail messages or other Submitter Content will be retained by a Dose Site, the maximum number of e-mail messages that may be sent from or received by an account on a Dose Site, the maximum size of any e-mail message that may be sent from or received by an account on a Dose Site, the maximum disk space that will be allotted on Dose's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Dose Sites or the Services in a given period of time. You agree that Dose has no responsibility or liability for the deletion or failure to store any messages and other communications or other Submitter Content maintained or transmitted on or by a Dose Site or Service. You acknowledge that Dose reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Dose reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. UNSOLICITED BULK E-MAIL
Any Dose e-mail user who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service. Dose has the sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the e-mail user shall be notified as soon as reasonably possible. Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at Dose shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Dose operations staff to believe that the message truly originated with some unrelated party. Postings made to the usenet newsgroups or other online forums which reference e-mail accounts hosted at Dose, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail. In this Section 14, " E-mail user" refers to the person, persons, or entity using a specific account (designated by a unique e-mail address) within the domain controlled by Dose.
15. MODIFICATIONS TO SERVICE
Dose reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Dose Sites or Services (or any part of such Dose Sites or Services) with or without notice. You agree that any modification or discontinuance of any Dose Sites or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, Dose may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data). You further agree that Dose shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever.
16. TERMINATION
You agree that Dose, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Dose Sites or Services, and remove and discard any Submitter Content within the Service, for any reason, including, without limitation, for lack of use or if Dose believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Dose may also in its sole discretion and at any time discontinue providing the Dose Sites or Services, or any parts of the Dose Sites or Services, with or without notice. You agree that any suspension and/or termination of your access to the Dose Sites or Services may be effected without prior notice, and acknowledge and agree that Dose may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that Dose 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 Dose Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Dose in operating a Dose Site or any of the Services, your sole and exclusive remedy is to discontinue using the Dose Site or Services in question.
17. CONTENT LINKED TO A DOSE SITE
Please exercise discretion while browsing the Internet. Please note that certain links on a Dose Site may take you to other websites. Dose provides these links only as a convenience and not as an endorsement by Dose. These linked sites are not necessarily under the control of Dose. 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. Dose is not responsible for the content of any such linked sites or any other web page which is not part of a Dose Site and under Dose's control. Unless otherwise expressly provided, Dose 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 Dose 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 Dose Site.
18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF ANY DOSE SITES OR SERVICES IS AT YOUR SOLE RISK. THE DOSE SITES OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) DOSE MAKES NO WARRANTY THAT (i) THE DOSE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE DOSE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DOSE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DOSE SITES OR SERVICES 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 DOSE SITES OR SERVICES 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) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOSE, A DOSE SITE OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOSE 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 DOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DOSE SITES OR SERVICES; (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 DOSE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DOSE SITES OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DOSE SITES OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT DOSE HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE DOSE SITES, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOSE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNADAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
21. PROFESSIONAL INFORMATION DISCLAIMER
The Dose 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 Dose 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 Dose, 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.
22. MEDICAL/HEALTH INFORMATION DISCLAIMER
The Professional Information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by Dose through a Dose Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any health-related or medical-related Professional Information on, or accessible through, the Dose Sites or Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFED HEALTH PROVIDER WITH ANY QUSTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY DOSE SITES.
23. FINANCIAL INFORMATION DISCLAIMER
The Professional Information may contain financial information (including any facts, views, opinions, recommendations, descriptions of, or references to, products or securities). Such financial information made available by Dose through a Dose 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 Dose; and (c) not necessarily reflective of the views or policy of Dose, including the publisher, contributors and staff of, and advertisers on, a Dose 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 Dose. You should apply your own judgment in making any use of any financial information, 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. DOSE 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 Dose may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a Dose Site. The views and opinions expressed on a Dose Site are not intended to constitute a description of securities bought, sold, or held on behalf of Dose nor an indication by Dose of any intention to buy, sell, or hold any security.
24. SEARCH CONTENT DISCLAIMER
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 any Dose Site's search services are protected by copyright and/or other intellectual property laws. Dose 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 Dose Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Dose. Dose 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 Dose 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.
25. ONLINE SALES DISCLAIMER
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Dose 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. Dose 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 yours alone. You agree that Dose 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.
26. TRADEMARKS
"Dose", "Dose.com", and "Dose.ca", the newspaper mastheads and other newspaper marks and logos, other canada.com network logos, service names and associated designs are trademarks of Dose, a division of Canwest Publishing Inc. ("Dose Marks"). All other product, brand and company names and logos used or mentioned on a Dose 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 Dose Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
27. GOVERNING LAW/JURISDICTIONAL ISSUES
All Dose Sites and Services are controlled, operated and administered by Dose from its offices within Canada. Dose makes no representation or warranty that a Dose Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a Dose Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Dose 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.
28. ARBITRATION AND ACTIONS
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Dose 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,(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.
29. MISCELLANEOUS
These Terms and Conditions constitute the entire agreement between Dose and you pertaining to your use of the Dose Sites and Services and, except as specifically set forth herein, supersede any prior agreements between you and Dose relating to the Dose Sites and Services. Dose may assign these Terms and Conditions, in whole or in part, at any time. Dose's failure to insist upon or enforce strict performance of any right or provision of the 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 the 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. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that the 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 (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.
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