RESTRICTIONS ON USE OF MATERIALS
The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from owntv.ca or any site owned, operated, licensed or controlled by us and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Materials which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our, and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent.
If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Use of this Material on any other web site or other networked computer environment is prohibited. To notify OWN of a copyright infringement, please contact us at firstname.lastname@example.org
We are pleased to hear from our loyal fans and welcome your comments regarding our products, including our on-line services. Our long-standing company policy, however does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.
NO PERSONAL ADVICE
The information contained in or made available through the OWN Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, real estate, medical, or legal matters. You should not act upon any of the information offered or provided within or through the OWN Sites without seeking professional advice. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Neither OWN nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties (express or implied) concerning: (i) the information offered or provided within or through the OWN Sites; (ii) any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the OWN Sites. Neither we nor our partners, sponsors and the respective parents, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, employees, agents, shareholders of each of the foregoing entities will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your reliance on any of the information offered or provided within or through the OWN Sites, including but not limited to economic loss, injury, illness or death.
Some of the information available on the OWN Site concerns the topic of sex and may not be appropriate for children. Further, the OWN Site is not directed to children under the age of 18 and OWN will not knowingly collect personally identifiable information from children under 18. OWN STRONGLY RECOMMENDS THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. OWN may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and OWN may limit access to certain content to users above a specified age. You agree to comply with any such restrictions, and not to help anyone avoid these restrictions.
The Site may include bulletin boards, commenting, and chat rooms ("Bulletin Boards") which allow feedback to us and real-time interaction between users. We do not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and we have no obligation to monitor such Bulletin Boards. Use of Bulletin Boards is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through Bulletin Boards including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. You should assume that Bulletin Board communications are not confidential.
It is a condition of your use of the Bulletin Boards and this Site that you do not: Restrict or inhibit any other users from using and enjoying the Bulletin Boards; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law; post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing. OWN reserves the right to delete any postings deemed inconsistent with its policies.
If you are aware of any such material posted on OWN Site, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where OWN may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us.
The Site has many features available for members to enjoy such as interactive forums, contest, surveys, games and the ability for members to create their own personal profile in where they can publish information such as their interests, photos, recipes etc.
You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated.
You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.
You understand that by accessing the Site that you will be viewing Member Content of other members. You further understand that OWN will not be liable in any way for any such Member Content, including, but not limited to, for any errors or omissions in any such Member Content available on the Site.
You understand that OWN has the right (but not the obligation) to remove any Member content that is posted on the Site.
By using the Site you agree not to:
- Publish, upload, post, email, or otherwise make available any content that is harmful, threatening, abusive, stalking, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
- Publish, upload, post, email, transmit, or otherwise make available any content about other Members, Site users or third parties in connection with stalking, threatening, harming, abusing, harassing, defaming or otherwise objectionable;
- Collect or store any data about other users or third parties without their express written consent; • Publish, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contract;
- Publish, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam.
Unless otherwise specified, the materials in the Site are presented solely for the promotion of programs, films and other products available in Canada, its provinces, territories, possessions and protectorates. We control and operate this Site from our offices within the Province of Ontario in the Country of Canada. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to Canadian export controls.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our Sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
We do not warrant that the functions contained in the Materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWN AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. BY USING THIS SITE AND/OR POSTING MATERIAL, YOU AGREE TO INDEMNIFY OWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that OWN and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Materials from the Site.
We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use. We do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
LINKS TO THIRD PARTY SITES AND SERVICES
We are distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are solely those of the respective authors or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.
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.
You acknowledge that all content and materials available on this Site, 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 OWN or our licensors or OWN has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by OWN. The use or misuse of any of these materials is strictly prohibited. OWN, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. OWN 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. OWN, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE 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 SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OWN, INCLUDING ITS 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 SITE OR FROM INFORMATION PROVIDED ON THE SITE 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.
CHOICE OF LAW
INTEGRATION AND SEVERABILITY
UNAUTHORIZED USE AND TERMINATION
You agree to use the Site only for authorized and legal activities. OWN reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
PRIVACY AND DISCLOSURE