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Last update: 2016/12/01

TERMS AND CONDITIONS OF USE

TERMS OF USE FOR THE INTERNET SITES OF TRANSCONTINENTAL MEDIA G.P (“TC Media”)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY OF TC MEDIA’S WEBSITES SINCE ANY USE OF THE INTERNET SITES AND ANY SALE OF PRODUCTS AND SERVICES OFFERED ON TC MEDIA’S INTERNET SITES (THE “SERVICES”), INCLUDING ITS PAYABLE SERVICES, ARE SUBJECT TO THE LEGAL TERMS AND CONDITIONS OUTLINED BELOW (COLLECTIVELY, THE “TERMS OF USE”).

1. ACCEPTANCE OF THE TERMS OF USE

  • 1.1 Welcome to one of TC Media’s Websites. By using one of TC Media’s Internet sites, mobile sites, social sites or applications including, without limitation, RSS files (collectively, the “Websites”), on any medium in all forms, whether known or to be developed, you hereby acknowledge having read and understood these Terms of Use and, accordingly, you agree to abide by them as well as any future amendments which may be made. These Terms of Use constitute a binding agreement between you and TC Media.
  • 1.2 TC Media reserves the right, at its sole discretion, to make changes to these Terms of Use, at any time, without prior notice. Any amendments to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any amendments. Your continued use of the Websites after any amendments indicates your acceptance of the modified Terms of Use. Please refer to the date specified by “Last update” indicated at the top of the present Terms of Use to verify the effective date of the last amendments.
  • 1.3 The Websites are solely directed to individuals residing in Canada. If you do not agree to be bound by these Terms of Use, or are not authorized or do not have legal standing to agree with any of the Terms of Use, you may not access or use the Websites. Should you consider any future amendments made to these Terms of Use to be unacceptable, you must immediately cease using the Websites. Your continued use of the Websites after any such amendments are announced shall constitute your acceptance of such amendments.
  • 1.4 By using the Websites, you represent and warrant that you have either reached the age of majority in the province or territory in which you reside, or possess legal parental or guardian consent and thus, authorize a minor to navigate on the Websites, or use of any application thereto, you expressly recognize being responsible for his/her actions, acts and consequences for any breach of the terms, conditions, affirmations, representations and warranties included in these Terms of Use. Anyone who has not reached the age of majority in the province or territory in which he/she reside must obtain parental or guardian consent prior to using the Websites and for the submission of any credit card information or personal information when placing an order. We strongly urge that parents and guardians monitor and supervise their children’s use of the Websites.
  • 1.5 ANY FAILURE ON YOUR PART TO COMPLY WITH THESE TERMS OF USE MAY LEAD TO THE CANCELLATION OF YOUR USER ACCOUNT AND THE PRIVILEGES RELATED THERETO.

2. PREMISES AND TIME ZONE

  • 2.1 TC Media operates its Websites from its offices located in Canada. TC Media does not make any representation to the effect that all items on its Websites may be used in other locations. Any person who access the Websites do so at their own initiative and are responsible for complying with all laws applicable in their jurisdiction.
  • 2.2 All content posted on our Websites shall reference our server time (GMT-5), in case of any discrepancies between our published offer time and the retailer’s offer, the retailers offer time shall always govern.

3. CHANGES TO THE WEBSITES

  • 3.1 TC Media reserves the right, at its sole discretion, to modify, suspend, limit the Services or terminate any item contained in its Websites, at any time, including the availability of any content, function or database. TC Media may also impose limits on certain items or restrict the access to certain sections of its Websites without prior notice and without incurring any liability. TC Media reserves the right, at its sole discretion, to correct any errors or omissions contained in one of its Websites, at any time without prior notice.

4. PERSONAL USE

  • 4.1 All features of the Websites are offered for your personal, non-commercial use. It is prohibited to use the Websites for commercial or advertising purposes without the prior written consent of TC Media.
  • 4.2 You undertake not to use the Websites in any way to damage, defect, restrict or inhibit any third party from using and enjoying the Websites.

5. REGISTRATION AND SECURITY

  • 5.1 During the registration to a user’s account on the Websites, you shall select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not: (i) select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or to make false representations, (ii) use a user name that is subject to any rights of a person other than yourself without appropriate authorization, (iii) use a password or user name that TC Media considers offensive, at its sole discretion or (iv) create a user name for a third party or group of individuals.
  • 5.2 You are responsible for maintaining the confidentiality of your password and user name. You should notify TC Media as soon as possible by email (chiefprivacyofficer@tc.tc) of any unauthorized use of your user account which you suspect or become aware of, or of any known or suspected breach of security.
  • 5.3 You are responsible for any use of your user accounts on the Websites. You are responsible for all activities that occur under your user name and shall ensure that you sign out from your account at the end of each session in the Websites. TC Media cannot be held liable for the unauthorized use of your user account or for any loss or damage arising among others as a result of your non-compliance with the security measures mentioned in this section.
  • 5.4 You are responsible for updating your user account information on the Websites and you have to remove any invalid information in order to prevent communications from being sent to the wrong person.
  • 5.5 Due to the difficulties to make true and accurate authentication of a user’s information on the Internet, TC Media makes no representation regarding the identity of its users. In case a conflict arises between you and one of TC Media’s users, you agree that in no event shall TC Media (including its officers, directors, employees, agents) be held liable for any loss, claims, damages or actions arising, directly or indirectly, from any acts or omissions related to such conflict.

6. FEES AND PAYMENTS

  • 6.1 TC Media reserves the right to charge fees in the future for access to its Websites, or any section thereof. Should TC Media charge new fees for access to any section of its Websites, it will notify you in advance in case you would like to cancel your account.

7. ONLINE COMMERCE WITH THIRD PARTIES

  • 7.1 As a user of TC Media’s Websites, you may receive various communications on products and services from third parties displayed on the Websites. Through your use of the Websites, you may have the opportunity to engage in commercial transactions with third parties.
  • 7.2 Certain Websites may comprise platforms allowing third parties to provide offers and information relating to their products or services. Such third parties are solely responsible for fulfilling the terms of their offers and TC Media shall in no event be responsible for any discrepancy between the information provided on the Websites and the third party’s terms of fulfillment, including, without limitation, any difference with the in-store price and product description. TC Media is not a party to any offer on these Websites and does not endorse, recommend or sponsor any product, service or promotional offer available on these Websites or on any third party website, other than contests in which it is specifically identified as a sponsor. Any correspondence, advertisement, purchase or promotion in relation to a third party, including, without limitation, the delivery of and the payment for, third party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, advertisement, purchase or promotion, is solely between you and such third party. TC Media makes no representations or warranties and does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service or promotional offer of third parties. The images and photographs posted on the Websites in relation to a product, service or promotional offer of a third party are provided solely for information purposes. You acknowledge that TC Media does not pre-screen any content. In particular, TC Media does not control the content created by third parties and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Websites, including, without limitation, any information regarding rebates, coupons, discounts, deals, or other promotions for any product or service offered by a third party. TC Media cannot guarantee that goods or services advertised on the Websites will be available on any terms and conditions (including price) described on or through the Websites at any time. You agree that all such transactions are at your own risk. TC Media declines any liability towards such transaction with third parties.

  • 7.3 In no event shall TC Media be liable, directly or indirectly, to anyone for any transaction entered into with third parties in connection with such products, services or other materials for any damages or liability from such services or related thereto. In case a conflict arises between you and a third party, you agree that in no event shall TC Media (including, without limitation, its officers, directors, employees, agents) be liable for any loss, claims, damages or actions arising from any acts or omissions related to such conflict.

8. COUPONS AND CONTESTS

  • 8.1 TC Media may, from time to time, organize contests on the Websites, alone or jointly with third party sponsors. All such contests will be governed by their respective contest rules. Prior to entering into a contest, you should read, understand and agree to the terms of use set out in the applicable contest rules.
  • 8.2 All coupons provided on the Websites are governed by the terms of use applicable to such coupons. TC Media does not control the content created by third parties and makes no representation or warranty whatsoever regarding the accuracy of the information regarding coupons for any product or service offered by a third-party.

9. SUBMISSIONS OF CONTENT BY USERS: Blogs, comments, chat rooms, galleries, bulletin boards and other (collectively the “Platforms”)

  • 9.1 All communications and materials which are submitted to the Websites are public and not private. As a user, you are liable for any and all damages resulting from your usage of the Websites, any and all communications or transmissions you may display. You should abide to the following rules:
    • 9.1.1 Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, sexist, racist, homophobic, abusive, inappropriate, disgraceful, unreasonable, violent, religiously-charged, immoral or illegal, or content in violation of third party rights.
    • 9.1.2 Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
    • 9.1.3 Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. TC Media encourages lively discussions and debates on the Platforms. Personal attacks are strictly prohibited.
    • 9.1.4 No one should use the Platforms to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe another person’s rights or the enjoyment of the Platforms are also prohibited. It is further prohibited to use the Websites for self promotion or to upload content for commercial purposes without TC Media’s prior consent.
  • 9.2 By using the Websites, you acknowledge and agree not to submit or upload any virus, bug, malware or any harmful computer code, program or file to the Websites.
  • 9.3 TC Media offers you the possibility to submit and display certain content such as articles, hyperlinks, text, data, software, music, sounds, photographs, images, videos and other types of materials (collectively your “Material”). You remain at all times responsible for the Material you upload, share or copy on the Platforms or in relation to the Service. You represent that your Material is original and recognize that you own the right, title and interest in and to the copyrights in the Material or have the express permission from the copyright owner, to use the Material for all purposes related to the Service. Images and photographs that are provided to you by professional photographers or made available from third party Websites are protected by copyright and shall not be uploaded, shared or otherwise used in relation with the Service without the appropriate authorizations.
  • 9.4 By using the Websites, you acknowledge and agree that you remain the holder of the copyright on all Material you submit as a user to TC Media. Moreover, you acknowledge and agree that by submitting any Material to the Websites, you grant to TC Media, its subsidiaries, affiliates, agents, employees, business partners, a worldwide, unlimited, irrevocable, perpetual, non exclusive license, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute, adapt, translate, develop ancillary products, communicate, perform in public, archive or index, and give sub-licenses to such Material, sublicense or otherwise do any act that is subject to copyright protection. To this effect, you waive any moral right you may assert in connection with the integrity of your Material. The rights granted in this section are applicable to all media, including without limitation, all print media and digital or electronic media now known or hereafter created for the duration of the copyrights and any renewals. You agree that your name, address, email may be displayed and to communicate the material which shall be considered as not confidential. You acknowledge and agree that you are personally liable for the content of your Material, articles or other content submitted on the Websites, and for the consequences thereof.
  • 9.5 You agree not to use any Material that is offensive to the online community, such as content that (i) promotes racism, defamatory, obscene, threatening, abusive, hateful or physical harm of any kind against any group or individual ; (ii) is harassing of a person or any comment violating the right to privacy or image; (iii) involves the transmission of spam, junk mail, chain letters or unsolicited mass mailing or business advertisement; (iv) promotes false, libelous, misleading, illegal activities or conduct that is abusive; (v) make available Material that contains or will contain any disabling mechanism to prevent its use including any virus, worm, Trojan horse routine, trap door, time bomb or any other instructions that may be used to damage, distort, delete, or disable the Material or any Services on any Websites. You agree not to have any activities related to the listing of end users on the Websites.
  • 9.6 TC Media reserves the right, but is not obligated to, investigate, monitor, edit, delete or disclose any Material transmitted by a user on the Websites. Furthermore, TC Media reserves the right, at its sole discretion, not to publish, to delete, to filter, to investigate on claims, to edit or to withdraw any Material, in whole or in part, transmitted by a user on any of its Websites, for any reason whatsoever, without prior notice. This remains an option and not an obligation. TC Media reserves the right to investigate any violation of the Terms of Use and can request the support of authorities in charge of the law application to collaborate with them for the purpose of engaging into legal lawsuits against users that may be involved in such violations.
  • 9.7 TC Media makes no representation regarding the control over the material available on its Websites. TC Media is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the Terms of Use of any Material provided by its users.

10. LINKS

  • 10.1 To facilitate your navigation, the Websites contain hyperlinks or other links to Internet sites managed by third parties. By activating these links, you may have to leave the Websites. TC Media has no control over Websites owned by third parties. These sites are managed entirely by third parties and TC Media cannot make any representation whatsoever on the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. TC Media displays these hyperlinks solely for commodity and the fact that third party sites are identified on the Websites should not imply an endorsement by TC Media of such third party sites or and any content therein and does not incur its liability in any way. In no event shall TC Media be liable, directly or indirectly, for any damage or loss arising from or relating to any use on any linked third-party site. All complaints about third-party sites should be addressed directly to the administrators of those sites.
  • 10.2 Unless otherwise approved in writing by TC Media, any reproduction of a hypertext or hyperlink from a TC Media’s Website to a third party’s website shall be subject to the following criteria: (i) the look and feel, position and other visual aspects of the link shall not damage or dilute the goodwill associated with a trademark or trade name registered or not by TC Media, (ii) the link must not create a false confusion that the third party is associated with or sponsored by TC Media (iii) the link shall open into a new browser window and shall link to the full version of an HTLM formatted page of the pertinent internet site owned by TC Media. TC Media reserves the right to revoke, at its sole discretion and at any time, the display of the link and to remove it, without further notice.

11. MOBILE SITES AND APPLICATIONS

  • 11.1 Any usage of the Websites with a wireless telecommunication service or an application is also governed by these Terms of Use.
  • 11.2 You acknowledge that you used a Website from a wireless communication or an application, and use or receipt of text messages, is subject to your carrier’s normal rates and fees and its service provider, such as text messaging fees, data fees or mobile Internet access fees and such fees may be invoiced in accordance with your terms of services.
  • 11.3 In the event that you change or deactivate your mobile telephone number, you must update your user account within 48 hours to ensure that TC Media does not intentionally send messages to another person who has acquired your telephone number.

12. INTELLECTUAL PROPERTY

  • 12.1 All content published on or otherwise accessible through the Websites are protected by copyright, patent, trademark and other applicable intellectual property laws. The trademarks registered or not and logos used or displayed on the Websites are the proprietary property of TC Media, or third parties. Nothing on the Websites may be interpreted in such a way as to allow the use of such trademarks or logos, directly or indirectly, without the prior written consent of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Websites for commercial or advertising purposes or to increase the number of visitors to your site.
  • 12.2 All content accessible through the Websites (including, without limitation, texts, articles, photographs, images, illustrations, audio and video excerpts, software, folders, etc.) are protected by copyright and are the proprietary rights of TC Media, its affiliates, business partners or to third parties content providers. Except for certain clearly stated exceptions, no element on the Websites must be interpreted as giving you any right whatsoever in and to the intellectual property of TC Media, its affiliates, subsidiaries, business partners or third party content providers.
  • 12.3 Except as otherwise provided for herein, you may not copy, reproduce, modify, publish, display, distribute, participate in the transfer or sale of, create derivative works from, translate, download, grant under licence, or in any other way exploit, any content displayed or available on the Websites (including any software), whether in whole or in part.
  • 12.4 You can download or copy content from the Websites only for your personal, non commercial use, provided that you maintain all the intellectual property notices they contain. Copying or memorizing any content for purposes other than personal use is strictly forbidden without the prior written consent of TC Media or the holder of the copyrights identified in the notice of intellectual property.

13. INDEMNIFICATION

  • 13.1 By using the Websites, you acknowledge and agree that you are personally responsible for your behavior on the Websites. You hereby further agree to indemnify, defend and hold TC Media, its subsidiaries, affiliated companies, officers, shareholders, employees, agents and service providers, harmless from and against any and all monetary direct or indirect, damages in principal and interest, legal and extrajudicial costs and any other damages, including, without limitation, all legal costs incurred by TC Media related to any claim, proceeding, action or notice of demand (the “Claim”) related to (i) image or other content uploaded or that you post on this Internet Site or, (ii) any violation of these Terms of Use. TC Media reserves the right, at its sole discretion, to participate in the litigation of such claims and to be represented by a lawyer of its choice.

14. NOTICE OF PROFESSIONAL INFORMATION

  • 14.1 TC Media and third parties display, on the Websites, certain information related to various professional fields such as, arts and professions on health, medicine and fitness related matters, law, accounting, financial planning, investments, labour relationship, accountability, and travelling information (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 and course of action specific for one person. While the Professional Information is frequently updated, this information changes rapidly and therefore, some of the content may be out of date. The Professional Information is not considered as official professional information and does not replace a professional advice from a professional in the subject matter. Use of a TC Media Internet Site does not replace consultations with a qualified relevant professional. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. TC Media, including its sponsors, shall not be responsible or liable, directly or indirectly, in any way for any consequences, loss or damage of any kind incurred as a result of the use of any such Professional Information.

15. LIMITATION OF LIABILITY

  • 15.1 The Websites, the Material and any Services are provided on an “as is” and “as available” basis, except for the terms of its return policy. TC Media, its subsidiaries, affiliated companies, business partners, licensors, employees, agents and any third-party content providers, disclaim any and all warranties or liabilities, whether express or implied, arising by operation of law or otherwise, with respect to this Internet Site, including, but not limited to, any implied warranties of property, quality, convenience, merchantability and fitness for a particular purpose, usage, availability, validity, accuracy, sufficiency, reliability, integrity, implied warranty of non-infringement or the operation of a Website in a secure way without any interruptions, errors, default, corrections, the absence of virus or any element damageable in the Websites. Without limiting the foregoing, TC Media does not warrant the completeness of the content provided on its Websites or of any results from the searches executed on the Websites.
  • 15.2 TC Media declines any liability related to any errors that may be found on the Websites. TC Media and any third party providing content on the Websites, its affiliated companies, officers, employees and agents, cannot be held liable for any loss of use, loss of data, loss of income or profit, loss of revenues, or for any act, error, omission in the Websites. In no event TC Media can be held liable for any loss, damage (including, without limitation, any indirect, compensatory, incidental, direct, special, punitive, or consequential damages), arising out of the use of, access to, availability or not of the Websites.
  • 15.3 By using the Services and its content, you acknowledge and agree that the submission of any digital content to TC Media, and the upload of any Material through the Websites is done entirely at your own risk, and that you will be solely responsible for any loss or damage to your Material or any damage to your electronic system or any loss. You are solely responsible for creating back-ups of your digital content. TC Media cannot be held liable for the suppression of any content.

16. CANCELLATION

  • 16.1 TC Media can, at its sole discretion and at any time, without prior notice, cancel or suspend, in whole or in part, your user account on its Websites, for any reason whatsoever, including, without limitation, your non-compliance with these Terms of Use.

17. PRIVACY

  • 17.1 For any information on the collection and with respect to the protection of personal information by TC Media, please consult our Privacy Policy, which is available at: http://www.tc.tc/privacy.html.
  • 17.2 In addition, when you agree to participate in any contest or offer conducted by a third party or consent to receiving information directly from third parties, you accept expressly to such third party’s privacy policy. We recommend that you review the third party’s terms on privacy policy prior to providing any of your personal information. TC Media assumes no liability to the claims, loss, action, damage, recourse associated in any way to the use of your personal information by third parties.
  • 17.3 Personal information collected in connection with the Websites may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

18. SEVERABILITY

  • 18.1 These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such determination shall not affect the validity and enforceability of any other remaining provisions of the present Terms of Use.

19. GOVERNING LAW AND JURISDICTION

  • 19.1 By using the Websites, including any order or purchase made through an Internet Site owned by TC Media, you acknowledge and accept that the Terms of Use shall be governed solely by the laws of the Province of Quebec and applicable federal laws of Canada. Any disputes arising from or related to these Terms of Use, your use of the Websites as well as all related matters, shall be brought before the Courts of the District of Montreal, Province of Quebec.

20. TO COMMUNICATION WITH US ABOUT THIS POLICY

  • 20.1 Should you wish to report any violations of the Terms of Use or any infringement to intellectual property rights arising from or related to the materials contained on the Websites, or any other communications, you can contact us at the following address:
    Mail:
    Transcontinental Media G.P.

    1 Place Ville Marie, Suite 3240
    Montreal, Quebec
    H3B 0G1
    Email:.
    Chiefprivacyofficer@tc.tc

Copyright © 2016 Transcontinental Media G.P.
Transcontinental Media G.P.