Welcome to the digital properties of I3 Interactive, which include the internet sites, mobile enabled sites and software applications that you download to view Content (“Software”) of I3 Interactive Media . Unless a I3 Interactive or any I3 Interactive products or services available on a I3 Interactive Site (“Services”) have their own terms and conditions of use, you agree to be bound by these terms and conditions (“Terms”) and any other applicable terms of service, policies or guidelines. If you don’t agree to comply with these Terms, then you may not use any I3 Interactive Site. In these Terms, “residents of Québec” means residents of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of a I3 Interactive Site and the Services. Rogers Communications Inc. and its affiliates (“I3”, “us”, “we” or “our”) reserve the right, at our sole discretion, to modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of modifications and your continued use of the I3 Interactive Sites shall be deemed your acceptance of the modified Terms.
2. REGISTRATION, ACCOUNTS, PASSWORD
Certain of the Services made available on a I3 Interactive Site may require registration or subscription. If you choose to register or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that you will not attempt to use the Services under the name of another person. You agree to promptly update any information necessary to ensure that your account is kept accurate, current and complete. You will be responsible for preserving the confidentiality of your account password and will notify us immediately of any known or suspected unauthorized use of your account, and agree to take any reasonable steps necessary to prevent any reoccurrence. You may be held responsible for any loss or damage incurred by us or any other user or visitor to a I3 Interactive Site due to another party using your account. If you ever decide to delete your account, you may do so by contacting I3 at the contact information specified in the T and C’s.
Some aspects of the I3 Interactive Sites or Services may not be available to you unless the applicable personal computer, gaming device, tablet device, mobile device or other digital device (each, a “Digital Device”) you use to access theI3 Interactive Sites or Services and your Internet connection satisfy our minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and internet connection as necessary to meet these requirements. You are responsible for any data/roaming usage and charges you incur to access the Service through an internet connection.
We respect the privacy of the users of the I3 Interactive Sites. Our collection, use and disclosure of personal information in connection with a I3 Interactive Site are governed by the I3 Interactive Privacy. Personal information collected in connection with a I3 Interactive Site may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
5. OWNERSHIP AND COPYRIGHT
The I3 Interactive Sites and all text, information, images, audio, video and other material posted on the I3 Interactive Sites (“Content”) is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by I3 and/or its affiliates, licensors and related companies. All Content posted on the I3 Interactive Sites remains the valuable intellectual property of its owner(s) and you agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content. Except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to:
- the Services and any I3 Interactive Sites and each component thereof; and
- any Content available through the Services and any I3 Interactive Site, are the property of their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties.
You do not acquire any ownership rights in the Content as a result of accessing it. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any licence or other rights in connection with any trademarks or logos appearing on any Rogers Media Site. You may not use any trademark or service mark appearing on any I3 Interactive Site without the prior written consent of the rightful owner. I3 will aggressively enforce its intellectual property rights to the fullest extent permitted by law, and owners of any other intellectual property rights may also do so against you personally.
6. CONTENT USAGE RESTRICTIONS
The Services and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Services or the Content without the prior written consent of the owner. Unless otherwise permitted through a I3 Interactive Media Site, you may not distribute copies of Content or materials found on a I3 Interactive Site in any form (including by email or other electronic means), without the prior written consent of the owner. Of course, you may encourage others to access the information themselves on a I3 Interactive Site and to tell them how to find it.
7. LINKING AND FRAMING
We welcome links to the homepage of a I3 Interactive Site. You may only establish a hypertext link to the homepage of a I3 Interactive Site if:
- the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by I3 or create the false appearance that an entity is associated with or sponsored by us, and
- the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with us or our trademarks. We do not permit framing or inline linking to a I3 Media Site or any portion of it.
8. OTHER CONTENTS AND LINKS
You acknowledge that despite the prohibitions contained above, Content posted on I3 Interactive Sites by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other sites. We do not have control over Content provided by third parties and assume no responsibility for such Content. Content you access, transmit or download using the I3 Interactive Sites is accessed, transmitted and downloaded at your own risk. I3 is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. Unless otherwise indicated, those sites have been independently developed by third parties. A link to another site is not an endorsement of that site (nor of any product, service or other material offered on that site) by I3 or its content providers or licensors. Any dealings you have with advertisers found while using the Services are between you and the advertiser. You acknowledge and agree that I3 Interactive is not responsible or liable to you for any content or other materials hosted and served from any site other than a I3 Interactive Site.
9. SUBMISSIONS AND POSTINGS
For any content that you upload, post, transmit, distribute or otherwise make available for inclusion on a site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of Contributions that you post. You acknowledge and agree that you are solely responsible for any Contributions you make and any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that:
- you own those Contributions or otherwise have the right to grant, and do grant, to Rogers the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed, without any further compensation to the author; and
- you waive all moral rights in those Contributions. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to a site. We may also access or preserve your Contributions to comply with legal process in Canada or foreign jurisdictions, operate the Service, ensure compliance with these Terms or any policies, or protect ourselves, our customers or the public. We may, without notice or liability, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, the Terms or our Acceptable Use Policy, I3 will not be liable to you for our deletion of any of your Contributions.
12. PROHIBITED ACTIVITIES
Your use of a I3 Interactive Site, the Service, the Content and any of your Contributions to a I3 Interactive Site must comply with these Terms, all applicable laws and our Acceptable Use Policy, which accompanies these Terms. For greater certainty, the term “Services” in our Acceptable Use Policy includes the Services covered under these Terms.
13. RESPONSIBILITY FOR MINORS
to be fully responsible for:
- controlling the minor’s access to and use of that I3 Interactive Site or the Services; and
- the consequences of any misuse by the minor. You acknowledge that some of the areas of a I3 Interactive Site and some of the Content may include material that is inappropriate for minors.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless I3 and its affiliates, licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, “I3 parties”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of:
- your breach of any provision of these Terms or any applicable Subscription Terms or our Acceptable Use Policy;
- your use or misuse of a I3 Interactive or the Content and the placement or transmission of your Contributions on a I3 Interactive site made by you or others using your account;
- your use of or inability to use any Software; or
- any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. I3 may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification shall survive any termination of your right to use a I3 Interactive Site and the Services.
16. NO WARRANTIES
AllI3 Interactive Sites, the Services and all Content, material, information or postings found on or accessed through a I3 InteractiveSite, are provided on an “as is” basis. To the maximum extent permitted by applicable law, the I3 Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, for a I3 Interactive Site, the Services or the Content contained in or accessed through a I3 Interactive Site. To the maximum extent permitted by applicable law, none of the I3 Parties makes any representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of a I3 Interactive Site, the Services or the Content contained in or accessed through a I3 Interactive Site, including, without limitation, the contents, transmission or delivery of any Content, information, material, or posting found on a I3 Interactive Site, any services provided through a I3 Interactive Site (including the Services), or any links to other sites made available on a I3 Interactive Site or the content contained on those site(s), or, for Software, the operation of the Software or any feature of the Software. To the maximum extent permitted by applicable law, none of the I3 Interactive parties makes any representations or warranties that a I3 Interactive Site or access to and use of a I3 Interactive Site will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components. For Software, to the maximum extent permitted by applicable law, all representations, warranties and conditions of any kind, express or implied, are excluded including any related to completeness of response, results and workmanlike effort for the Software. You expressly agree that use of a I3 Interactive Site and the Services are at your sole risk.
17. PROFESSIONAL INFORMATION DISCLAIMER
The I3 Interactive Sites may make available certain information provided by us or third parties related to various professional fields such as, without limitation, law, accounting, financial planning, pharmaceuticals, medicine and other health and fitness related matters (“Professional Information”). The Professional Information available on the I3 Interactive Sites is:
- for information purposes only and not intended as advice;
- 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 I3 or its affiliates; and
- not necessarily reflective of the views or policies of I3 and its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents. The Professional Information on the I3 Interactive Sites is not guaranteed and no representations or warranties can be made as to the accuracy or completeness of the information provided as part of the I3 Interactive Sites. We try to ensure that the information posted on the I3 Interactive Sites is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the I3 Interactive Sites at any time and without any prior warning. The Professional Information provided should not be interpreted as professional advice and does not replace the opinion of a qualified professional. You expressly agree that your use of, or reliance on, any Professional Information is at your sole risk. You further agree that I3 and its affiliates will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
18. THIRD PARTY MERCHANDISE AND/OR PRODUCTS
- We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from a I3 Interactive Site or Service.
- Images available on or through a I3 Interactive Site or Service, including without limitation Content, of third-party merchandise and/or products, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
- The I3 Parties make no representations, warranties, or guarantees with respect to any of the third party merchandise and/or products, featured, mentioned, described, distributed, sold, or otherwise available on or through a I3 Interactive Site or Service, including without limitation Content. All transactions for merchandise and/or products shall be between the user and the third party seller, distributor, or manufacturer without any involvement of I3. These third parties may require that you agree to their additional terms, conditions, contracts, agreements, and/or rules.
- Nothing on the I3 Interactive Sites or Services, including without limitation Content, constitutes a binding offer to sell or distribute any third-party merchandise and/or products. If you purchase or order third-party merchandise and/or products, through a I3 Interactive Site or the Services, note that the I3 Parties have no control over, or assume responsibility for, the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such merchandise and/or products, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such merchandise and/or products.
- You agree that the I3 Parties are not responsible, and shall have no liability to you, with respect to merchandise and/or products, featured, mentioned, described, distributed, sold, or otherwise available on or through a I3 Interactive Site or Service, including without limitation Content.
19. LIMITATIONS OF LIABILITY
- Not applicable to residents of Québec: To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall any of the I3 Parties be liable to you or any third party for:
- any direct, indirect, incidental, special, consequential, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the Support for any Software, the use of, or the inability to use, a I3 Interactive Site, the Services or any Content, information, material, or postings on a I3 Interactive Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of damages. You specifically acknowledge and agree that none of the I3 Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
- any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. These limits apply to any act or omission of any of the I3 Parties, whether or not those acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statute or pursuant to any other doctrine of law.
- Applicable only to residents of Québec: Except for damages resulting from a I3 Party’s own act, the Rogers Parties will not be liable to you or any third party for:
- any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security or property damage) or any loss that results from the Support for any Software, the use of, or the inability to use, a I3 Interactive Site, the Services or any Content, information, material, or postings on a I3 Interactive Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. You specifically acknowledge and agree that none of the I3 Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
- any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
21. OTHER IMPORTANT TERMS
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any applicable Subscription Terms, any other documents referenced herein and any rules, policies, guidelines or other agreements posted on a I3 Interactive Site by I3 Interactive constitute the entire agreement between I3 and you for your use of a I3 Interactive Site and the Services. Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either I3 or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained in these Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. If any portion of these Terms is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect I3 original intentions and the remainder of the provisions shall remain in full force and effect. Neither the course of conduct between you and I3 nor trade practice shall act to modify any provision of these Terms. These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on your and I3 Interactive respective successors and assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent. The provisions of Sections 14-21 shall survive termination of the Service. If you are dissatisfied with a I3 Interactive Site or with these Terms, then your sole remedy is to stop using I3 Interactive Sites. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.