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1. Quinte Broadcasting: Quinte Broadcasting has a number of related, affiliated and subsidiary companies and reference to Quinte Broadcasting herein and our Privacy Policy and Contest Rules shall be deemed to refer to all Quinte Broadcasting companies. We reserve the right to change or discontinue any feature of the Sites, including but not limited to the Privacy Policy, Terms of Service or Contest Rules, at any time, by posting revisions onto the Sites.
2. Links to Third Party Sites & Services: The Sites contain links to and from sites operated by third parties. Quinte Broadcasting makes no representations whatsoever about any third party content (including streaming) that you may access from the Sites or about any web site from which you may access the Sites and/or which may be linked to the Sites. We provide third party content and links only as a courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked sites/content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on these Sites. Please review the streaming provider's and the linked site's use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.
3. Intellectual Property: You acknowledge that all content and materials available on these Sites, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Quinte Broadcasting or its licensors or Quinte Broadcasting has obtained the necessary permission of the owner of the intellectual property in such content to use the content on the Sites. Unless otherwise indicated, all logos, names, package designs and marks on the Sites are trademarks or service marks of, or used under license by Quinte Broadcasting. The use or misuse of any of these materials is strictly prohibited. Quinte Broadcasting, its licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Sites.
4. Lawful Use: You agree to use the Sites or their contents for lawful purposes and only as expressly permitted in this Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Sites or otherwise in any way exploit any of the content of the Sites, in whole or in part. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without Quinte Broadcasting's written permission is strictly prohibited. You agree that you will not post or transmit through the Sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the express prior approval of Quinte Broadcasting, contains advertising or any solicitation with respect to products or services. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that, in our discretion, restricts or inhibits any other user from using or enjoying Quinte Broadcasting or the Sites will not be permitted.
5. User's Grant of License: By posting or submitting content to the Sites, you grant Quinte Broadcasting and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Sites and that our public posting and use of your content will not infringe or violate the rights of any third party. Quinte Broadcasting retains the right to monitor, edit or otherwise change your posting or other content submitted to the Sites without your permission.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THESE SITES AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. QUINTE BROADCASTING DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER QUINTE BROADCASTING NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITES OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH THEM, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITES OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITES.
6. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL QUINTE BROADCASTING OR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES OR FROM INFORMATION PROVIDED ON THE SITES OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnification: You agree to defend, indemnify, and hold Quinte Broadcasting and its partners and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including lawyer's fees, that arise from your use or misuse of the Sites or the content therein including, without limitation, your violation of the Terms of Service herein, the Privacy Policy or Contest Rules. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Monitoring Content: Quinte Broadcasting shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms, guest books and forums, to determine compliance with this Terms of Service and any operating rules established by Quinte Broadcasting and to satisfy any law, regulation or authorized government request. Quinte Broadcasting shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites without your permission. Without limiting the foregoing, Quinte Broadcasting shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding the foregoing, Quinte Broadcasting is not responsible for the content that you or any user posts on any forum on the Sites and your reliance on any such content is solely at your own risk.
9. Local Laws: By choosing to access the Sites from any location other than Canada, you accept full responsibility for compliance with all applicable local laws. Quinte Broadcasting makes no representation that materials on the Sites are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
10. Choice of Law: This Agreement shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service, Privacy Policy or Contest Rules or your use of the Sites shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
12. Entire Agreement & Severance: These Terms of Service, Privacy Policy and Contest Rules constitute the entire agreement between Quinte Broadcasting and you with respect to the Sites and supersede all prior or contemporaneous communications and proposals between us with respect to the Sites. If any provision of these Terms of Service, Privacy Policy or Contest Rules is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
13. Unauthorized Use & Termination: You agree to use the Sites only for authorized and legal activities. Without limitation, Quinte Broadcasting shall have the right, with or without notice and for any reason whatsoever, to immediately terminate your access to all or part of these Sites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of any of these Terms of Service or Privacy Policy.
