THE PUBLIC PLACE NETWORK LTD. TERMS OF USE AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO ALL PPN CHANNEL OPERATORS OR PPN USERS WHICH REFERENCE THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS OTT CHANNEL / WEBSITE AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF LIABILITY AND DISCLAIMERS.
1. Acceptance of Terms
This OTT/website and its
related services are provided to you by The Public Place Network and its owners
and subsidiaries (herein referred to as "PPN" or "we")
subject to the following terms and conditions of service. By using any OTT/website
which references these Terms and Conditions (each a "PPN Site" and
collectively, the "PPN sites") or any products, content or other
services available on PPN Sites (each a "Service" and collectively,
the "Services") including Services offered on a payment basis (each a
"Paid Service" and collectively, "Paid 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 PPN Sites or Service (collectively the "Terms and Conditions"),
all as may be modified by PPN in accordance with these Terms and Conditions.
These Terms and Conditions, along with any modifications or additional or
alternate terms or conditions referred to, including those related to your
agreement to use as a Paid Service (a "Paid Services Agreement")
shall be the entire agreement between you and PPN or a PPN site and any prior
communications between you and PPN or PPN site (including, for example,
e-mails) do not form part of these Terms and Conditions. If you do not agree
with these Terms and Conditions, you may not use PPN Sites or any of the
Services.
2. Your Registration
Obligations
Certain Services may require
that we collect certain registration data from you. In consideration of your
use of the Services, you agree to:
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provide true, accurate, current and
complete information about yourself where required and as prompted by the
Services registration form (such information being the "Registration
Data");
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maintain and promptly update the
Registration Data to keep it true, accurate, current and complete; and 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
Services (or any portion thereof). Where you are required to create a
password and account to access a Service, 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:
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immediately notify PPN of any
unauthorized use of your password or account or any other breach of security;
and
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ensure that you exit from your account
at the end of each session. PPN cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 2.
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3.
Privacy Statement
Registration Data and certain
other personal information about you is subject to our Privacy Statement. For
more information, please see our Privacy Statement. You agree that PPN has the
right, but not the obligation, to monitor a PPN Site 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 PPN
Site or any of the Services properly, or to protect itself or its users in
accordance with the Privacy Statement and applicable privacy legislation.
You acknowledge that in the
event that a third party service provider is located in the United States or
another foreign country, your company or personal information may be processed
and stored in the United States or such other foreign country, and the
governments, courts or law enforcement or regulatory agencies of that country
may be able to obtain disclosure of your company or personal information
through the laws of the foreign country. Whenever we engage a third-party
service provider to do work for us, we confirm that its privacy and security
standards meet our requirements. You acknowledge and agree that this paragraph
constitutes prior written notice to you for, and your consent to, the
collection, use and disclosure of your company or personal information as
described above.
4.
User Conduct
All information, data, text,
software, music (including both the particular performance(s) and the
underlying musical composition), sound, photographs, graphics, images, avatars,
video, messages, ideas, recipes, reviews, opinions, suggestions or other
materials on a PPN Site ("Content"), submitted by a user, whether
publicly or privately posted, e-mailed, transmitted, uploaded or otherwise
submitted to a PPN Site or the Services ("Submitter Video and Other
Content") is the sole responsibility of the person from which such Submitter
Video and Other Content originated and any such post, e-mail, transmission,
uploading or other submission of such Submitter Video and Other Content is
subject to the Submission Release Terms and Conditions referred to in Section 5
below. In addition to the license, Release and Waiver terms for Photo Content
and Submitter Video and Other Content (as defined in Section 5 below), you also
acknowledge and agree that you, and not PPN, are entirely responsible for all Submitter
Video and Other Content that you post, e-mail, transmit, upload or otherwise
submit via a PPN Site and/or pursuant to the Services. PPN does not control the
Submitter Video and Other Content posted via a PPN Site and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using a PPN Site or Service, you may be exposed to Content that is
offensive, indecent or objectionable to you (see Content guidelines). Under no
circumstances will PPN be liable in any way for any loss, damage or injury
related to, or arising as a result of, any Content (including Submitter Video
and Other Content), including, but not limited to, any errors or omissions in
any Content, or any loss or damage of any kind incurred as a result of the use
of any Submitter Video and Other Content posted, e-mailed, transmitted,
uploaded or otherwise submitted via a Service.
CONTENT GUIDELINES You agree
to not use any Service to post, e-mail, transmit, upload or otherwise submit
any Submitter Video and Other Content that:
1. | 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;
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2. | could be harmful to minors; |
3. | harasses or advocates harassment of
another person;
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4. | involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or
"spamming";
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5. | promotes information that is false,
misleading, illegal or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
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6. | 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;
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7. | contains restricted or password only
access pages, or hidden pages or images (those not linked to or from another
accessible page);
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8. | displays pornographic or sexually
explicit material of any kind;
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9. | provides material that exploits people
under the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under the age of 18;
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10. | provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
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11. | solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
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12. | transmits information to which you do
not have a right under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information );
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13. | engages in commercial activities and/or
sales, such as contests, sweepstakes, barter, advertising, and pyramid
schemes, without our prior written consent; and
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14. | 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 a PPN Site and
any world wide web pages or any operating system software or hardware on which
such Content, Service or a PPN Site is operated or displayed except as
specifically designed into the Content.
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PPN and its designees shall
have the right to remove any Submitter Video and Other 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 PPN 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:
1. | comply with legal process; |
2. | enforce these Terms and Conditions; |
3. | respond to claims that any Content
violates the rights of third-parties; or
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4. | protect the rights, property, or
personal safety of PPN, its users and/or the public.
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5. Submitted/Uploaded Content
You agree that by posting, e-mailing, transmitting, uploading or
otherwise submitting any Submitter Video and Other Content materials to any
content generating or submitting Service on the PPN Site including, without
limitation, to any chat-room, forum, literary and/or video content 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 (where or if
permitted on PPN Site) please refer to the following Music Submission license,
Release and Waiver (Schedule “A” below). For any photo that may be uploaded,
please refer to the following Photo Submission license, Release and Waiver (Schedule
“B” below). For all other Submitter Video and Other Content please refer to the
following Submission license, Release and Waiver (Schedule “C” below). Each of
these licenses, Releases and Waivers are hereby incorporated by reference into
these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS
AND CONDITIONS BEFORE POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHERWISE
SUBMITTING ANY CONTENT WHATSOEVER TO A PPN SITE OR SERVICE. ANY SUCH POSTING,
E-MAILING, TRANSMITTING, UPLOADING OR OTHER SUBMISSION OF CONTENT TO A PPN 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 VIDEO AND OTHER CONTENT OR
RELATED MATERIAL TO PPN 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
VIDEO AND OTHER CONTENT OR ANY RELATED MATERIAL TO PPN, YOU ARE WAIVING ANY AND
ALL RIGHTS (INCLUDING WITHOUT LIMITATION MORAL RIGHTS) THAT YOU MAY HAVE IN THE
SUBMITTER VIDEO AND OTHER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING
AND WARRANTING TO PPN THAT THE SUBMITTER VIDEO AND OTHER 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 VIDEO AND OTHER CONTENT OR ANY RELATED MATERIAL
AND THAT PPN IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE
(AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT
THE SUBMITTER VIDEO AND OTHER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION)
AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY
PPN, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
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. PPN 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 does 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 PPN
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 in connection with any forum, chat room or message board shall
indicate your acceptance of the Terms and Conditions.
In cases where you have authorized a minor to use a PPN Site or any of
the Services, you recognize that you are fully responsible for:
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the online
conduct of such minor;
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controlling the
minor's access to and use of a PPN Site or any of the Services; and
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the consequences
of any misuse by the minor. You acknowledge that some of the areas of a PPN
Site may contain Content that is inappropriate for minors. You acknowledge
that PPN has no obligation to monitor the Services or any Content accessible
through a PPN Site.
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8. Restrictions on
Re-Use, Re-Sale of Services
Unless otherwise indicated, all Content available on a PPN Site,
including the manner in which such Content is presented, and the Services are:
Copyright © 2016 PPN, its affiliates, sub channel operators, related companies,
unaffiliated partners and/or licensors. All rights reserved. Such Content is
protected by Canadian and worldwide copyright laws and treaty provisions. PPN
grants users 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 PPN
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 a PPN Site (each,
a "Contest") shall also be subject to and governed by the specific
rules and regulations in respect of that Contest.
No bulletin board, forum, chat room or other areas of a PPN Site may be
used by you for any commercial purposes such as to conduct sales of goods and
services of any kind. You must be a licenced sub channel operator or 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 reserve the right to investigate and take
appropriate legal action against anyone who violates this provision, including
without limitation, removing the offending communication from a PPN Site and
barring such violators from use of a PPN Site. We reserve the right to block
access to a PPN Site by any user known or reasonably believed to be utilizing
automated means to process commercial uses (including sale of goods and
services).
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 express 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 a PPN 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 a PPN Site, or
make any other request to transactional servers, more than once during any
three second interval.
Certain Services may allow you to download content including files, videos,
images and/or data incorporated therein (collectively, the
"Software"). The Software is made available to you by PPN or third
parties subject to these Terms and Conditions and the terms and conditions made
available to you during the software installation process. You agree that the
Software is licensed to you by PPN 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 PPN 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 PPN, including its sub channel operators and 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. A PPN Site and/or
Services and software derived from a PPN Site and/or Services may be further
subject too certain Canadian and United States export controls. No software
from a PPN 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. By downloading or using a PPN Site, Services or any software derived
there from, you acknowledge that it is your responsibility 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.
You agree to defend, indemnify, and hold harmless each of PPN, sub
channel operators, its affiliates and licensors and each of their respective
officers, directors, employees and agents, including all third parties
mentioned on a PPN Site, from and against any and all claims, actions or
demands, including without limitation reasonable legal and accounting fees,
resulting from or related to:
1. | your breach of
any of these Terms and Conditions (including any Terms and Conditions
incorporated by reference) or your Paid Services Agreement;
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2. | your access to or
use of a PPN Site, Services or Content; or
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3. | your use or
reliance on, or publication, communication or distribution of anything on or
from a PPN 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.
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13. General
Practices Regarding Use and Storage
You acknowledge that PPN may establish general practices and limits
concerning use of the Services, including without limitation the maximum number
of days that Submitter Video and Other Content will be retained by a PPN Site,
the maximum storage space that will be allotted on PPN servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access a PPN Site or the Services in a given period of time. You agree that PPN
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Submitter Video and Other Content
maintained or transmitted on or by a PPN Site or Service. You further
acknowledge that, in relation to free services, PPN reserves the right to
change these general practices and limits at any time, in its sole discretion,
with or without notice.
14. Modifications
to Services (Other Than Paid Services)
For users of a PPN Site and/or any Services, PPN reserves the right, in
its sole discretion, at any time and from time to time to modify these Terms
and Conditions and discontinue, temporarily or permanently, a PPN Site or
Services (or any part of a PPN Site or Services) with or without notice. You
agree that any modification or discontinuance of a PPN Site or Services may be affected
without prior notice and acknowledge and agree that in connection with any such
modification or discontinuance, PPN may immediately deactivate or delete your
account and all related information and files in your account (including any
registration data). You further agree that PPN shall not be liable to you or to
any other person as a result of any such modification or discontinuance for any
reason whatsoever. Your continued use of a PPN Site or Service will mean that
you accept those changes. For users of Paid Services, modifications of your
Services and these Terms and Conditions are governed by your Paid Services
Agreement, including all relevant provisions of these Terms and Conditions.
You agree that PPN, in its sole discretion, may suspend or terminate
your password, account (or any part thereof) or use of a PPN Site or Services,
and remove and discard any Submitter Video and Other Content within the Service
at its convenience, or for any reason, including, without limitation, for lack
of use or if PPN believes that you have violated or acted inconsistently with
the letter or spirit of the Terms and Conditions. PPN may also in its sole discretion
and at any time discontinue providing a PPN Site or Services, or any parts of a
PPN Site or Services, with or without notice. You agree that any suspension
and/or termination of your access to a PPN Site or Services may be affected
without prior notice and acknowledge and agree that PPN 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 PPN 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 PPN Site or any of the Services or with any terms,
conditions, rules, policies, guidelines, or practices of PPN in operating a PPN
Site or any of the Services, your sole and exclusive remedy is to discontinue
using a PPN Site or Services in question.
16. Content Linked
to a PPN Site
Please exercise discretion while browsing the Internet. Please note that
certain links on a PPN Site may take you to other websites. PPN provides these
links only as a convenience and not as an endorsement by PPN. These linked
sites are not necessarily under the control of PPN or its sub channel operators.
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. Furthermore, you acknowledge and confirm that
you are responsible for viewing and abiding by the terms of use and privacy
policies posted at these third party linked sites. PPN and or its sub-channel
operators are not responsible for the content of any such linked sites or any
other web page which part of a PPN Site is not and under PPN control. Unless
otherwise expressly provided, PPN 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 PPN 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 PPN Site or the use of any personal information that you provide to such
linked site by the operator(s) of such linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. | YOUR USE OF PPN
SITES OR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, A PPN SITE OR SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. PPN 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.
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2. | TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, PPN MAKES NO WARRANTY THAT
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| a. | A PPN SITE OR
SERVICE WILL MEET YOUR REQUIREMENTS,
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| b. | A PPN SITE OR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
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| c. | THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF A PPN SITE OR SERVICE WILL BE ACCURATE OR
RELIABLE,
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| d. | THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH A PPN SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND
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| e. | ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
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3. | ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF A PPN SITE OR SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND 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.
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4. | TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM PPN, A PPN SITE OR THROUGH OR FROM ANY SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT PPN 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 PPN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM:
1. | THE USE OR THE
INABILITY TO USE A PPN SITE OR SERVICE;
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2. | 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 A PPN SITE OR SERVICE;
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3. | UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
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4. | STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON A PPN SITE OR SERVICE; OR
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5. | ANY OTHER MATTER
RELATING TO A PPN SITE OR SERVICE. YOU EXPRESSLY ACKNOWLEDGE THAT PPN HAS
ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE A PPN SITE, SERVICE 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 PPN. 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, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE
OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR
TERMINATION OF THIS AGREEMENT.
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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 18 AND 19 MAY NOT APPLY TO YOU.
20. Professional
Information Disclaimer
A PPN Site may make available certain
information provided by third parties related to various professional fields
such as, without limitation, medicine and other health, diet and fitness, training,
court construction, related matters (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 PPN Site does not replace
consultations with a qualified medical, nutrition, contractor 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 PPN, 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.
21. Medical/Health Information Disclaimer
The Professional Information may
contain health-related and medical-related information (including without
limitation any facts, views, opinions, recommendations, descriptions of, or
references to, products, services, medications, diets, nutritional or other
information). Such health-related and medical-related information made
available by PPN, through a PPN Site or any of the Services is:
1. | for informational purposes only; |
2. | not to be used or construed as a substitute for
professional medical advice, diagnosis, or treatment;
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3. | 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, a PPN Site or Services is solely at
your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION
OR PROPOSED DIET OR NUTRITION PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL
ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A PPN
SITE.
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22. 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 PPN, through a PPN Site or any of the Services is: (a) for
informational 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 PPN; and (c) not necessarily reflective
of the views or policy of PPN, including the publisher, contributors and staff
of, and advertisers on, a PPN 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 PPN. 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. PPN 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 PPN may
invest or otherwise hold interests in entities which may be referenced in any
of the Services or Content accessible through a PPN Site. The views and
opinions expressed on a PPN Site are not intended to constitute a description
of securities bought, sold, or held on behalf of PPN nor an indication by PPN
of any intention to buy, sell, or hold any security.
Any and all pictures, sounds, sound effects, sound recordings, musical
works, performances, graphics, video, cinematic productions, audio-visual
works, information search results, listings (paid or free) and/or the
arrangement thereof and any other works (the "Multimedia Content")
located through a PPN Site's search services are protected by copyright and/or
other intellectual property laws. PPN 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 PPN Site, all of the Multimedia
Content contained on such sites is owned and served by entities other than PPN.
PPN 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 PPN Site's
search services for commercial or non-commercial purposes, we strongly suggest
that you contact the server and/or owner of the Multimedia Content for
permission to use such Multimedia Content.
24. Third Party
Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on a PPN Site are
provided by third parties, including but not limited to health newsletters and
surveys You acknowledge and agree that your correspondence or business dealings
with any third parties, including any merchants or advertisers, found on, or
through, a PPN 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.
All logos, trademarks and design marks, broadcasting service-related
trademarks and design marks, service names and associated designs are
trademarks and registered trademarks owned or licensed by PPN and/or their
affiliates or related companies (collectively, the "PPN Marks"). All
other product, brand and company names and logos used or mentioned on a PPN
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 PPN Site or
any of the Services without the express written consent of the owner of the
trademark is strictly prohibited. The names, images and logos identifying PPN
are proprietary marks of SQRLZ Inc.
26. Governing
Law/Jurisdictional Issues
Except for third party sites and services independently operated and
accessed through a PPN Site, all PPN Sites and Services are controlled,
operated and administered by PPN from its offices within Canada. PPN makes no
representation or warranty that a PPN Site or any of the Services are
appropriate or available for use at any locations outside Canada. If you access
a PPN Site from outside Canada, you are responsible for compliance with all
applicable laws. You may not export any of the Content accessible through a PPN
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 Alberta, and the federal laws of Canada applicable therein,
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 Alberta and the Federal
Courts situated therein, 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.
Except where prohibited by applicable law, any controversy, claim or
dispute arising out of or relating to these Terms and Conditions, your use of
any PPN Site or Service (including Paid Services) 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 Calgary, Alberta in English and governed by Alberta law
pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or
re-enacted from time to time. The arbitrator shall be a person who is legally
trained and who has experience in the information technology field in Canada
and is independent of either party. Any such Claim shall be arbitrated on an
individual basis and shall not be consolidated in any arbitration with any
claim, controversy or dispute of any other party. Except where prohibited by
applicable law, 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.
These Terms and Conditions constitute the entire agreement between PPN
and you pertaining to your use of a PPN Site and Services and, except as
specifically set forth herein, supersede any prior agreements between you and PPN
relating to a PPN Sites and Services. PPN may assign these Terms and
Conditions, in whole or in part, at any time. PPN 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 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.
Music Submission Licence, Release and Waiver
This licence, release and waiver allows us to expose your music to new
listeners for your benefit by streaming your music on PPN Sites and Services
(where permitted by PPN) and broadcasting it in certain other media outlets. Please
note that we cannot expose your music to new listeners if you do not own all
rights to the music composition (for instance, publishing rights), the actual
performance of the music that you plan to upload to us whether as part of a
video submission or separately (including, for instance, the performances of
anyone else included in the music) or if you have already assigned any rights
to a collection society such as SOCAN. Please also note that not all of the PPN
Sites or Services permit or provide for uploading of your music. If you decide
at any time that you no longer want us to use your Music pursuant to this
license, simply send us a written request to the Attention of: Rights Manager –
PPN
WE WILL NOT MAKE YOUR MUSIC AVAILABLE SEPARATELY FOR DOWNLOAD. YOUR
MUSIC WILL ONLY BE STREAMED WITH VIDEO ON PPN SITES ONLY AND MAY OTHERWISE BE
BROADCAST ON OTHER SECURE MEDIA DESCRIBED BELOW.
The purpose of this upload, streaming, and broadcast tool is to allow
you to expose your VIDEO CONTENT with music to new viewers for your benefit.
For this benefit, along with other valuable consideration that you acknowledge,
you agree with PPN as follows:
1. | You grant to PPN,
a non-exclusive and royalty-free right and license, (but not the obligation),
in perpetuity throughout the world, to use, reproduce, store, transmit,
communicate (and authorize the communication of, including public internet
streaming and broadcast use) the musical composition and actual performance
of the musical composition (whether contained in a master recording or
otherwise)(including any and all performances contained in the actual
recording) in whole or in part (collectively, your "Music"), or any
part thereof, on (i) any PPN Site now existing or to be created and however
configured for any electronic distribution platform or device whether fixed
or mobile (whether now known or to be devised and including, without
limitation, phones, personal digital assistant, pagers and other wireless
enabled devices and applications) and (ii) each and every conventional and/or
satellite radio station owned, operated or controlled by PPN or its
affiliates (each a "licensed Station"). You irrevocably waive, in PPN's
favour any and all so-called "moral rights" in connection with your
Music. You grant these rights and this waiver to PPN free of charge.
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2. | You grant PPN a
non-exclusive and royalty free right and license (but not the obligation), in
perpetuity throughout the world to mechanically reproduce your Music, in
whole or in part, for the sole purpose of the exercise of its rights
described in Paragraph 1 above. You grant these rights to PPN free of charge.
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3. | You also grant to
PPN an irrevocable non-exclusive and royalty-free right and license (but not
the obligation), in perpetuity throughout the world, to use, reproduce,
publish, display, and distribute any and all lyrics contained in the Music
(the "Lyrics"), or any part thereof, in each and every print
publication (whether periodical or not) owned, operated, controlled,
published or co-published, or commissioned by PPN and/or its affiliates (each
a "licensed Publication"). You grant these rights to PPN free of
charge.
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4. | You represent and
warrant that:
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| a. | you own or
control 100% of the rights in and to the Music and the Lyrics for use in your
video content. The rights granted to PPN in this license, the Music and the
Lyrics and each and every one of its and their component elements have been
legally acquired by you, or owned by you or are wholly original with you;
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| b. | you have the
right to grant to PPN the rights granted to us in this license. No further
permissions, consents or payments are required from or to, any third party in
connection with the use by PPN of the rights granted hereunder, there is (and
will not be) any agreement with a third party that may in any way interfere
with PPN's rights under this license, and such rights are and shall be free
and clear of any and all claims, rights and obligations whatsoever;
|
| c. | this license, the
Music and the Lyrics shall not be subject to the jurisdiction of the American
Federation of Musicians or other similar guild or organization in any
jurisdiction and no additional payment, royalties, or consent of any party
are required in connection with PPN's exercise of the rights granted in this
license (including, without limitation, any payments in respect of
neighbouring rights). Without limiting what you have represented to above,
you have not previously assigned any or all of the so-called
"small" performing rights in and to the Music to any performing rights
society, and have not previously assigned any or all of the so called
"publishing rights" in and to the Music to any publishing company,
record company or other person or entity whatsoever; and
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| d. | you are a
resident of Canada.
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5. | PPN is the sole
owner of all rights (including copyright) in PPN Sites, and in this capacity
shall have the right to use the Music and the Lyrics in any manner in its
sole discretion within the terms of this license, including, but not limited
to the right to edit your Music to accommodate broadcast and broadcast
distribution requirements. However, unless we have your prior consent, we
will not use your Music in conjunction with any other material to create a
new derivative work.
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6. | You expressly and
irrevocably release and forever discharge PPN, its parent, subsidiary,
affiliated and associated companies, and their directors, officers,
employees, agents, representatives, independent and dependent contractors,
licensees, successors and assigns of and from any and all actions, causes of
action, suits, proceedings, liability, debts, judgments, claims and demands
whatsoever in law or equity which Submitter ever had, now have, or hereafter
can, shall or may have, for or by reason of, or arising directly or
indirectly out of, PPN's exercise of its rights in this license, release and
waiver
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7. | You hereby agree
to indemnify and hold harmless PPN, its partners, co-producers, financiers
and distributors, their parent, affiliated and related companies, and all of
their respective individual shareholders, directors, officers, employees,
licensees and assigns from and against any claims, actions, losses and
expenses (including legal expenses) occasioned by any breach of your
representations and warranties or any other provision of this license,
release and waiver.
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8. | You shall not
have any right to terminate the permissions granted herein, nor to seek,
obtain, or enforce any injunctive or other equitable relief against PPN, all
of which such rights are hereby expressly and irrevocably waived by you in
favour of PPN.
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9. | You acknowledge
having obtained independent legal advice in connection with this license,
release and waiver, failing which, you shall be deemed to have voluntarily
waived the right to seek such independent legal advice.
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10. | Except to the
extent that they conflict with the license, release and waiver terms of the
upload of your Music, Photos, videos or Submitter Video and Other Content,
the general Terms and Conditions for use of PPN Sites are also applicable to
your upload of Music and such Terms and Conditions are incorporated into this
license. If those general PPN Terms and Conditions conflict with the terms
and conditions of this license, release and waiver, this license, release and
waiver will govern. Except as otherwise defined in this license, any
capitalized terms shall have the meanings given to such terms in the general
Terms and Conditions.
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Photo Submission Licence, Release and Waiver
Please note that we cannot publish your photographic materials or images
("Photos") if you do not own all rights in them, and have permission
from those who may appear in your Photos to publish the Photos. If you decide
at any time that you no longer want us to use your Photos pursuant to this
license, simply send us a written request to the Attention of: Rights Manager –
PPN
In consideration of PPN's agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any Photo to a PPN Site or Service and,
possibly, to review, and potentially publish any such materials submitted to PPN
by you, and for other valuable consideration the receipt and sufficiency of
which are hereby expressly and irrevocably acknowledged, you agree with PPN as
follows:
1. | You grant to PPN
a non-exclusive and royalty-free right and license, (but not the obligation),
in perpetuity throughout the world, to use, reproduce, store, transmit,
communicate the Photo in whole or in part, or any part thereof, (i) on a PPN
Site now existing or to be created (including, without limitation, internet
web pages located at the domain name PPN or its successor websites) and
however configured for any electronic distribution platform or device whether
fixed or mobile (whether now known or to be devised and including, without
limitation, phones, personal digital assistant, pagers and other wireless
enabled devices and applications); and (ii) in any newspaper (including but
not limited to print and Digital Editions of such newspapers) owned or
operated by PPN and/or its affiliates, related companies, unaffiliated
partners and/or licensees, successors or assigns, for the purpose of
promoting your Photo and its submission to a PPN Site. You irrevocably waive,
in PPN favour any and all so-called "moral rights" in connection
with your Photo. You grant these rights and this waiver to PPN free of
charge.
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2. | You represent and
warrant that:
| |
| a. | you own or
control all of the rights in and to your Photo. The rights granted to PPN in
this license, the Photo and every one of its component elements are, wholly
original with you and not copied in whole or in part from any other work,
and/or you have obtained all necessary rights or licences in order to
authorize use of your Photo for the above purposes;
|
| b. | you have the
right to grant to PPN the rights granted to us in this license. No further
permissions, consents or payments are required from or to, any third party in
connection with the use by PPN of the rights granted hereunder, there is (and
will not be) any agreement with a third party that may in any way interfere
with PPN rights under this license, and such rights are and shall be free and
clear of any and all claims, rights and obligations whatsoever;
|
| c. | this license, and
the Photo shall not be subject to the jurisdiction of any guild,
organization, corporation or collective in any jurisdiction and no additional
payment, royalties, or consent of any party are required in connection with PPN
exercise of the rights granted in this license. Without limiting what you
have represented to above, you have not previously assigned any or all of the
rights in and to the Photo to any guild, organization, corporation or
collective or other person or entity whatsoever; and you are a resident of
Canada.
|
3. | PPN is the sole
owner of all rights (including copyright) in a PPN Site and in this capacity
shall have the right to use the Photo in any manner in its sole discretion
within the terms of this license, including, but not limited to the right to
edit your Photo to accommodate publication requirements; and to add to,
delete from, edit, alter and otherwise combine the content with any other
content in any manner and in any media whatsoever.
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4. | You expressly and
irrevocably release and forever discharge PPN, its parent, subsidiary,
affiliated and associated companies, and their directors, officers,
employees, agents, representatives, independent and dependent contractors,
licensees, successors and assigns of and from any and all actions, causes of
action, suits, proceedings, liability, debts, judgments, claims and demands
whatsoever in law or equity which you ever had, now have, or hereafter can,
shall or may have, for or by reason of, or arising directly or indirectly out
of, PPN exercise of its rights in this license, release and waiver.
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5. | You hereby agree
to indemnify and hold harmless PPN, its partners, their parent, affiliated
and related companies, and all of their respective individual shareholders,
directors, officers, employees, licensees and assigns from and against any
claims, actions, losses and expenses (including legal expenses) occasioned by
any breach of your representations and warranties or any other provision of
this license, release and waiver.
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6. | You shall not
have any right to terminate the permissions granted herein, nor to seek,
obtain, or enforce any injunctive or other equitable relief against PPN, all
of which such rights are hereby expressly and irrevocably waived by you in
favour of PPN.
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7. | You acknowledge
having obtained independent legal advice in connection with this license,
release and waiver, failing which, you shall be deemed to have voluntarily
waived the right to seek such independent legal advice.
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8. | Certain portions
of a PPN Site may run specific Photo submission campaigns, promotions or
contests which envision reproduction of your photos in other publications or
media. Certain portions of a PPN Site may also provide services to which you
may upload your Photos for private viewing only (including but not limited to
access by password and/or secure link only). In addition to the general Terms
and Conditions for a PPN Site (including the Licence, Release and Waiver
terms for Photos and Submitter Video and Other Content incorporated therein),
any specific terms and conditions of those services, campaigns, promotions or
contests shall apply to those Photo submissions and are incorporated into
this licence. To the extent that there is conflict between the provisions of
those specific terms, this licence and the general Terms and Conditions for a
PPN Site, the provisions of the specific terms and conditions of those Photo
services, campaigns, promotions or contests shall apply. Except as otherwise
defined in this license or in any specific terms and conditions of a Photo
submission opportunity, any capitalized terms shall have the meanings given
to such terms in the general Terms and Conditions.
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Submitter Video and Other Content Submission Licence, Release and Waiver
In consideration of PPN's agreement to allow you to post, e-mail,
transmit, upload or otherwise submit any Submitter Video Other Content
materials to a PPN Site or Services and, possibly, to review, and potentially
publish any such materials submitted to PPN by you, and for other valuable
consideration the receipt and sufficiency of which are hereby expressly and
irrevocably acknowledged, you agree with PPN as follows.
1. | You acknowledge
that:
| ||
| a. | by posting,
e-mailing, transmitting, uploading or otherwise submitting any Submitter Video
and Other Content to a PPN Site or Service, you hereby irrevocably grant and
assign to PPN the unlimited right and licence, for the full term of copyright
or any extension thereof, to copy, adapt, transmit, communicate, public
display and perform, distribute and create compilations and derivative works
from such Submitter Video and Other Content, and to publish, reproduce and
otherwise use and exploit the Submitter Video and Other Content in any manner
and in any and all media, whether now known or hereafter devised, throughout
the world, without further compensation. PPN shall be entitled to edit the Submitter
Video and Other Content, and you hereby waive in favour of PPN and its
assigns, all "moral rights" in and to the Submitter Video and Other
Content. Nothing herein shall obligate PPN to use or publish the Submitter
Video and Other Content in any manner. The rights granted hereunder may be
freely assigned or sub-licensed by PPN to any third party.
| |
| b. | PPN receives
numerous submissions of ideas, stories and other materials from other sources
and, in addition, PPN creates, and/or commissions others to create on PPN's
behalf, such materials (collectively the "PPN Materials"). The
subject matter and substance and/or other elements (collectively the
"Elements") contained in the PPN Materials may be similar to those
contained in the Submitter Video and Other Content submitted by you. You
expressly and irrevocably understand, acknowledge and agree that PPN is
accepting the Submitter Video and Other Content at your request, which request
was and is deemed to have been made by you after having been advised by PPN
that there are or may be pre-existing PPN Materials which may have one or
more Elements similar, or substantially similar, to those found in the Submitter
Video and Other Content;
| |
| c. | PPN shall be
entitled to use the Submitter Video and Other Content you submit to PPN
without compensation or obligation to you; and
| |
| d. | There is no
relationship of any type created, including without limitation any agency, or
fiduciary relationship, as between you and PPN by virtue of the submission by
you of the Submitter Video and Other Content to PPN hereunder.
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2. | You hereby
expressly and irrevocably release and forever discharge PPN its parent,
subsidiary, affiliated and associated companies, and their directors,
officers, employees, agents, representatives, independent and dependent
contractors, licensees, successors and assigns of and from any and all
actions, causes of action, suits, proceedings, liability, debts, judgments,
claims and demands whatsoever in law or equity which you ever had, now have,
or hereafter can, shall or may have, for or by reason of, or arising directly
or indirectly out of, PPN use of the Submitter Video and Other Content.
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3. | You represent and
warrant that:
| ||
| a. | the Submitter
Video and Other Content you submit, and each and every of its component
elements, are wholly original with you and not copied in whole or part from
any other work;
| |
| b. | you have the full
and complete right to grant the permissions given hereunder to PPN, and that
no further permissions are required from, nor payments required to be made to
any third party in connection with the use by PPN of the Submitter Video and
Other Content as contemplated herein; and
| |
| c. | the Submitter
Video and Other Content does not defame any person and does not infringe upon
the copyright, moral rights, publicity rights, privacy rights or any other
right of any person, or company, or violate any law or judicial or
governmental order.
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4. | You hereby agree
to indemnify and hold harmless PPN, its partners, co-producers, financiers
and distributors, their parent, affiliated and related companies, and all of
their respective individual shareholders, directors, officers, employees,
licensees and assigns from and against any claims, actions, losses and
expenses (including legal expenses) occasioned by any breach of your
representations and warranties or any other provision of this license,
release and waiver.
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5. | You shall not
have any right to terminate the permissions granted herein, nor to seek,
obtain, or enforce any injunctive or other equitable relief against PPN all
of which such rights are hereby expressly and irrevocably waived by you in
favour of PPN
| ||
6. | You acknowledge
having obtained independent legal advice in connection with this license,
release and waiver, failing which, you shall be deemed to have voluntarily
waived the right to seek such independent legal advice.
| ||
7. | Except to the
extent that they conflict with the license, release and waiver terms of the
upload of your Photos, and/or Submitter Video and Other Content, the general
Terms and Conditions for use of a PPN Site are also applicable to your
submission of Submitter Video and Other Content and such Terms and Conditions
are incorporated into this license. If those general PPN Terms and Conditions
conflict with the terms and conditions of this license, release and waiver,
this license, release and waiver will govern. Except as otherwise defined in
this license, any capitalized terms shall have the meanings given to such
terms in the general Terms and Conditions.
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PPN CONTENT GUIDELINES FOR USERS OF PPN
Items sold on or through the PPN service must follow our content policy and guidelines, detailed below. Producers or sellers of items are expected to conduct proper research to ensure that the content distributed, or items sold through the Public Place Network service are compliant with all local, provincial, national, and international laws. If Public Place Network determines that the content of an item is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Public Place Network reserves the right to make judgments about whether content is appropriate.
Please take a moment to familiarize yourself with some examples of prohibited content:
Pornography
Pornography, X-rated movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn are not permitted. Unrated erotic videos and DVDs of the type you'd find at a typical bookstore are permitted for DVD distribution. Any permitted nudity, graphic titles, and descriptions must be sufficiently concealed with censor strips on all items containing such content.
Offensive Material
What we deem offensive is probably about what you would expect. This includes items such as crime-scene videos, videos of cruelty to animals, and extremely disturbing materials. Public Place Network reserves the right to determine the appropriateness of items sold on our network. Also, be aware of cultural differences and sensitivities. Some materials may be acceptable in one country, but unacceptable in another. Please keep in mind our global community of customers.
Illegal Items
Content sold through the Public Place Network service must adhere to all applicable laws. This includes the sale of content by individuals outside of Canada. Some content that may not be sold include any content which may lead to the production of an illegal item or illegal activity.
Stolen Goods
If Public Place Network learns that a content item is not the property of our Licensee, or was obtained through illegal means, we will immediately remove the content item from our service.
Items that Infringe Upon an Individual's Privacy
Public Place Network holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited. Additionally, the sale of analytics, marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
Recopied Media
Copies, dubs, duplicates, or transfers of music, videos, software, images, etc., are prohibited. Just as you cannot sell a photocopied book without the author's permission, you cannot sell copies or duplicates of videos, music, video games, software, photos, etc. Likewise, you cannot sell transferred media – whether captured to video, CD-ROM, or from the Internet to any digital format--unless explicitly approved by the author.
Movies
Unauthorized copies of content may not be sold through Public Place Network. Also, movies that have been transferred from one format to another (unless done by the proper rights holder) are not permitted. For example, NTSC to Pal and Pal to NTSC conversions are not permitted unless done by the proper rights holder. Unreleased/pre-release movies, screeners and trailers are prohibited.
Television Programs
Unauthorized copies of television programs, including pay-per-view events, are prohibited. Commercially produced and licensed copies of television programs are permitted. Unauthorized television programs and unauthorized copies of programs never broadcast, unauthorized scripts, unauthorized props, and screeners are prohibited.
Music
Recopied music in any format is prohibited. Bootlegs, unauthorized live concerts, unauthorized soundboard recordings, unauthorized merchandise, etc., is not permitted. Content containing unlicensed popular music as its soundtrack is not permitted. Likewise, "mix" downloads (MP3 etc) of unlicensed music are not permitted. Please see our Copyright Guidelines for additional information on rights.
Promotional Media
Movie trailers, Music, software, etc., that are produced and distributed for promotional use are acceptable on the Public Place Network as long as all appropriate licencing and permissions have been acquired and are legally in place.