Acceptance
of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND
CONDITIONS CAREFULLY. The Canadian Broadcasting
Corporation (CBC/Radio Canada) owns and operates
this Web, located at http://cbc.ca (the Web site).
This Terms of Use Agreement (this Agreement) states
the terms and conditions under which you may access
and use the Web site. By accessing and using the
Web site you are indicating your acceptance to
be bound by the terms and conditions of this Agreement.
If you do not accept these terms and conditions,
you must not access or use the Web site. IF YOU
ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES,
POLICIES, GUIDELINES OR PRACTICES OF THE CBC/Radio
Canada OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING IT. CBC/Radio Canada
may revise this Agreement at any time by updating
this posting. Use of the Web site after such changes
are posted will signify your agreement to these
revised terms. You should visit this page periodically
to review this Agreement.
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Ownership.
All materials displayed or otherwise accessible
through the Web site, including, without limitation,
news articles, text, photographs, images, illustrations,
audio clips, video clips, computer software and
code (collectively, the Content) are protected
under Canadian and foreign copyright or other
laws, and are owned by CBC/Radio Canada, its licensors
or the party accredited as the provider of the
Content. In addition, the Web site is protected
under copyright law as a collective work and/or
compilation pursuant to Canadian and foreign laws.
You shall abide by all additional copyright notices,
information and restrictions on or contained in
any of the Content accessed through the Web site.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION,
PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING
ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION
OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY
CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN
EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT
THE EXPRESS WRITTEN PERMISSION OF CBC/Radio Canada.
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Trademarks.
CANADIAN BROADCASTING CORPORATION, SOCIÉTÉ
RADIO- CANADA, CBC, SRC, CBC SRC & DESIGN,
CBC NEWS & DESIGN, NEWSWORLD, NEWSWORLD DESIGN,
CBC NEWSWORLD & DESIGN, NEWSWORLD BUSINESS
NEWS, NEWSWORLD INTERNATIONAL, NEWSWORLD INTERNATIONAL
& DESIGN, RADIO CANADA INTERNATIONAL, THE
NATIONAL, CIRCLE & DESIGN, CBC RADIO ONE,
C's DESIGN, CANADA'S NEWS NETWORK, CANADA'S NUMBER
ONE NEWS NETWORK, CE SOIR, CBC RADIO TWO and CBC
RADIO TWO & DESIGN are official marks or trademarks
of the Canadian Broadcasting Corporation. Other
names, words, titles, phrases, logos, designs,
graphics, icons and trademarks displayed on the
Web site may constitute registered or unregistered
trademarks of CBC/Radio Canada or third parties.
While certain trademarks of third parties may
be used by CBC/Radio Canada under license, the
display of third-party trademarks on the Web site
should not be taken to imply any relationship
or license between CBC/Radio Canada and the owner
of said trademark or to imply that CBC/Radio Canada
endorses the wares, services or business of the
owner of said trademark. Nothing contained on
the Web site should be construed as granting you
any license or right to use any trademark logo
or design of CBC/Radio Canada or any third party,
without the written permission of CBC/Radio Canada
or the respective owner of any third-party trademark.
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DISCLAIMER OF
WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS.
BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE
AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT
IS ENTIRELY AT YOUR OWN RISK. CBC/Radio Canada
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT
LIMITATION, NO REPRESENTATION OR WARRANTY (I)
THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE,
COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II)
THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION,
ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR
SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH
THE WEB SITE WILL BE OF MERCHANTABLE QUALITY
OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE
OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED
OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN
THE WEB SITE WILL BE CORRECTED; (V) THAT THE
WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL
COMPONENTS; AND (VI) THAT COMMUNICATIONS TO
OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
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LIMITATION
OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CBC/Radio
Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE
NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS,
LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE
CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY
EVEN IF CBC/Radio Canada KNEW OF OR OUGHT TO HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES
UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED
CANADIAN DOLLARS (C$100)EVEN IF CBC/Radio Canada HAS BEEN
ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS
OR DAMAGE ARISING FROM THE FAILURE OF CBC/Radio Canada
OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT
INFORMATION.
CBC/Radio Canada EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY
USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR
OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER).
UNDER NO CIRCUMSTANCES SHALL CBC/Radio Canada AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE
FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES)
OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM
(I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY
USER; AND (II) ANY USE OR INABILITY TO USE ANY
MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES
LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED
TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB
SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR
SERVICES FROM A WEB SITE LINKED TO THE WEB SITE,
YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE CBC/Radio Canada AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT
YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS
AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE
OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH
THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB
SITE.
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No Advice.
The information contained on the Web site is for
informational purposes only. It is not intended
to provide legal, accounting, tax, investment,
financial, medical or other advice to you, and
you should not rely upon the information to provide
any such advice.
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Linking.
The Web site contains links to third-party web
sites. These links are provided solely as a convenience
to you and not as an endorsement by CBC/Radio
Canada of the contents of such third-party web
sites. CBC/Radio Canada is not responsible for
the content of any third-party web site, nor does
it make any representation or warranty of any
kind regarding any third-party web site including,
without limitation (i) any representation or warranty
regarding the legality, accuracy, reliability,
completeness, timeliness, suitability of any content
on any third-party web site; (ii) any representation
or warranty regarding the merchantability or fitness
for a particular purpose of any material, content,
software, goods or services located at or made
available through such third-party web sites;
or (iii) any representation or warranty that the
operation of the third-party web sites will be
uninterrupted or error free, that defects or errors
in such third-party websites will be corrected
or that such third-party websites will be free
from viruses or other harmful components.
While CBC/Radio Canada encourages links to the
Web site, it does not wish to be linked to or
from any third-party web site which (i) contains,
posts or transmits any unlawful, threatening,
abusive, libellous, defamatory, obscene, vulgar,
pornographic, profane or indecent information
of any kind, including, without limitation, any
content constituting or encouraging conduct that
would constitute a criminal offense, give rise
to civil liability or otherwise violate any local,
state, provincial, national or international law,
regulation which may be damaging or detrimental
to the activities, operations, credibility or
integrity of CBC/Radio Canada or which contains,
posts or transmits any material or information
of any kind which promotes racism, bigotry, hatred
or physical harm of any kind against any group
or individual, could be harmful to minors, harasses
or advocates harassment of another person, provides
material that exploits people under the age of
18 in a sexual or violent manner, provides instructional
information about illegal activities, including,
without limitation, the making or buying of illegal
weapons; or (ii) contains, posts or transmits
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 rights.
CBC/Radio Canada reserves the right to prohibit
or refuse to accept any link to the Web site,
including, without limitation, any link which
contains or makes available any content or information
of the foregoing nature, at any time. You agree
to remove any link you may have to the Web site
upon the request of CBC/Radio Canada.
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Software Licenses
and Ownership.
All software embedded in or located on or at
the Web site, including, without limitation,
all computer code of all types, including all
files and/or images contained in or generated
by such software (Software) is protected by
copyright and may be protected by other rights.
All such Software is owned by CBC/Radio Canada,
its licensors or the party accredited with ownership
of such Software. You are hereby granted the
right to access and use the Software embedded
and integrated into the Web site, subject to
(i) the terms and conditions of this Agreement,
and (ii) any additional conditions which may
be imposed on your access and use of such Software.
If the Web site provides Software for download,
unless otherwise provided, you are hereby granted,
subject (i) to the terms of this Agreement and
(ii) to any other terms and conditions that may
apply to your downloading and use of such Software,
a personal, non-transferable, non-exclusive license
to (i) install and run one copy of the Software
in object-code format on a non-networked computer
for your personal, non-commercial use; and (ii)
to reproduce the Software only as reasonably required
to install, run and make reasonable backup copies
as allowed by law.
Except to the extent expressly permitted in this
Agreement, you may not: (i) use, reproduce, modify,
adapt, translate, upload, download or transmit
the Software in whole or in part; (ii) sell, rent,
lease, licence, transfer or otherwise provide
access to the Software; (iii) alter, remove or
cover any trademarks or proprietary notices included
in the Software; and/or (iv) decompile, disassemble,
decrypt, extract or reverse engineer the Software
or assist others in doing so.
Nothing contained in the Web site shall be construed
as granting you any right, title, interest or
other license in or to any Software embedded or
integrated into the Web site or made available
for download from the Web site, including, but
not limited, to any intellectual property rights
in the Software.
All Software embedded or integrated into the
Web site is provided As Is, without warranties
of any kind, either expressed or implied, including,
without limitation, any warranty (i) that the
Software is of merchantable quality or is fit
for any particular purpose; (ii) that the Software
will conform with any specification(s) relating
to the Software; (iii) that the Software will
be free from material defects; (iv) that the Software
contains no computer viruses or other contaminants;
or (v) that the Software shall process date-related
and time-related data without causing any processing
interruptions, abnormal termination or process
or manipulate any time-related data.
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Submissions.
The Web site may provide features that allow you to post messages and content, to interact with CBC/Radio Canada and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of CBC/Radio Canada imposes an unreasonable or disproportionately large load on the CBC/Radio Canada website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, 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 any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Web site, you grant CBC/Radio Canada a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of CBC/Radio Canada; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that CBC/Radio Canada is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
CBC/Radio Canada may review Submissions before they are posted. CBC/Radio Canada may refuse to post any Submission to the Web site. CBC/Radio Canada reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that CBC/Radio Canada may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with CBC/Radio Canada's Privacy Policy.
CBC/Radio Canada is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of CBC/Radio Canada.
While CBC/Radio Canada is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).
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RSS.
Acceptance of Terms of Use
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Canadian Broadcasting Corporation (“CBC/Radio Canada”) owns and operates these RSS/XML feeds (individually and collectively designated the “CBC Feed”) you have specifically selected. This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the CBC Feed. By accessing and using the CBC Feed you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the CBC Feed. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE CBC/Radio Canada OPERATING THIS CBC FEED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. CBC/Radio Canada may revise this Agreement at any time by updating this posting. Use of the CBC Feed after such changes are posted will signify your agreement to these revised terms. You should visit this posting periodically to review this Agreement.
Ownership
This CBC Feed and all materials displayed or otherwise accessible through the CBC Feed, including, without limitation, headlines, links, other source identifiers, articles, text, trade marks, computer software and code (individually or collectively, the “CBC Feed Content”) are protected under Canadian and foreign copyright or other laws, and are owned by CBC/Radio Canada, its licensors or the party accredited as the provider of the CBC Feed Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the CBC Feed Content accessed through the CBC Feed. Without limiting the generality of the foregoing, you acknowledge and agree that the CBC Feed and Feed Content may not be used or reproduced except as provided herein without the consent of by CBC/Radio Canada.
License
Subject to the restrictions, warranties and undertakings herein, CBC/Radio-Canada grants you a non-exclusive, non-transferable, non-assignable and revocable license authorizing you to reproduce and download the CBC Feed and Feed Content on your personal computer/website under the exclusive title of "CBC Feeds", for the English version.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE CBC FEED OR OF ANY CBC FEED CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CBC/Radio Canada. WITHOUT LIMITING THE GENERALITY OF THE RESTRICTIONS ABOVE, YOU SHALL NOT PROVIDE ACCESS TO THE CBC FEED OR FEED CONTENT FROM ANY MOBILE WIRELESS SERVICES OR ANY INTERACTIVE TELEVISION SERVICE.
Journalistic control . CBC/Radio-Canada has full journalistic control over the CBC Feed and Feed Content ; this includes the exclusive right to amend, correct, withdraw or drop the CBC Feed and Feed Content incorporated in your website and you undertake to amend, correct, withdraw or drop the CBC Feed and Feed Content in accordance with CBC/Radio-Canada’s decisions in its sole discretion. Furthermore, you undertake to display the CBC Feed and Feed Content as they are provided by CBC/Radio-Canada, without altering them in any way, or changing their order of presentation, unless CBC/Radio-Canada expressly indicates you should do so or if you receive the written authorization of CBC/Radio-Canada. You undertake not to combine content from other sources with the CBC Feed and Feed Content. You also undertake to clearly indicate that the CBC Feed and Feed Content has been produced by CBC/Radio-Canada and display a CBC/Radio-Canada copyright notice at all times and under all circumstances. You may not archive the CBC Feed and Feed Content. You will not edit, alter or in any way manipulate the CBC Feed and Feed Content nor shall you allow its reproduction by anyone. You will not distribute the CBC Feed and Feed Content in any way or allow its distribution or redistribution in any manner or form by anyone.
Integrity . You undertake to respect the integrity of the CBC Feed and Feed Content and CBC trade marks. Furthermore, you undertake not to place the CBC Feed and Feed Content in a context which would alter its meaning and such CBC Feed and Feed Content must be clearly separate from any other content not provided by CBC/Radio-Canada.
Hyperlinks . Each CBC Feed and Feed Content reproduced on your website already includes a clickable hyperlink to the complete news item on the CBC/Radio-Canada website, which hyperlink must be used “as is” and may not be removed under any circumstances. You acknowledge that the CBC Feed must link and redirect to the appropriate CBC/Radio-Canada website and page when a user clicks on the CBC Feed Content (e.g. a headline). You shall not display the CBC Feed Content in such a manner that does not allow for successful linking and redirection to, and delivery of the appropriate CBC/Radio-Canada website and page, nor may you frame any CBC/Radio-Canada Web page. Each CBC Feed is headed by the cbc.ca logo, for the English version, and by the radio-canada.ca logo, for the French version.
Framing . You undertake not to frame either the CBC Feed or Feed Content.
Guarantees . You represent and warrant that:
- you are an individual and over 18 years of age;
- you will use the CBC Feed and Feed Content exclusively for your own personal, private and non-commercial use, for consultation only and only as authorized hereunder
- you are entitled to conclude this Agreement;
- you will not do any promotion or advertising involving CBC/Radio-Canada, the CBC Feed or Feed Content without the prior written authorization of CBC/Radio-Canada;
- you will not remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the CBC Feed and Feed Content, including without limitation, the size, colour, location or style of CBC/Radio-Canada's trade mark .
Trade marks . All trade marks contained on or displayed through the CBC Feed are official marks or trade marks of the Canadian Broadcasting Corporation. Nothing contained on or displayed through the CBC Feed or accessible through the CBC Feed should be construed as granting you any license or right to use any trade mark, logo or design of CBC/Radio Canada or any third party, without the written permission of CBC/Radio Canada or the respective owner of any third-party trade mark.
DISCLAIMER OF WARRANTIES .
THE CBC FEED AND ALL CBC FEED CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE CBC FEED YOU ACKNOWLEDGE AND AGREE THAT USE OF THE CBC FEED AND THE CBC FEED CONTENT IS ENTIRELY AT YOUR OWN RISK. CBC/Radio Canada MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CBC FEED AND THE CBC FEED CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE CBC FEED AND/OR CBC FEED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CBC FEED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE CBC FEED WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE CBC FEED WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE CBC FEED WILL BE CORRECTED; (V) THAT THE CBC FEED WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE CBC FEED WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY .
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CBC/Radio Canada KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF CBC/Radio Canada HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ASSUME ANY LIABILITY FOR YOUR ACTIVITY IN CONNECTION WITH THE CBC FEED AND FEED CONTENT.
CBC/Radio Canada EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE CBC FEED OR ANY ADVERTISER OR SPONSOR OF THE CBC FEED, AS THE CASE MAY BE, (INDIVIDUALLY OR COLLECTIVELY “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL CBC/Radio Canada AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CBC FEED CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY FEED LINKED TO OR FROM THE CBC FEED.
No Advice
The information contained on the CBC Feed is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
Netiquette and Linking
When using any of the features of the CBC Feed, it is a condition of your use of the CBC Feed that you observe the rules of netiquette and that you do not: (a) restrict or inhibit any other user from using and enjoying the CBC Feed, interfere or attempt to interfere with the proper workings of the CBC Feed in the sole discretion of CBC/Radio Canada; (b) post or transmit in connection with the CBC Feed and that CBC/Radio-Canada not be linked to or from, or associated with, (i) any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind or material which may be damaging or detrimental to the activities, operations, credibility or integrity of CBC/Radio Canada, (ii) any material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights or other proprietary rights, (iii) any material which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, (iv) any material which solicits passwords or personal identifying information for commercial or unlawful purposes from other users, contains a virus or other harmful component, or provides or creates computer viruses, constitutes junk mail, chain letters, unsolicited mass mailing or spam; (c) use the CBC Feed for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. CBC/Radio Canada reserves the right to prohibit or refuse to accept any link to the CBC Feed and/or Feed Content, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the CBC Feed and/or Feed Content upon the request of CBC/Radio Canada.
You acknowledge and agree that CBC/Radio Canada may, in its sole discretion, monitor the CBC Feed periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the CBC Feed properly or to protect itself or other users of the CBC Feed. Any such disclosure shall be in accordance with CBC/Radio Canada's Privacy Policy. Please Read our Privacy Policy
YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, REPRESENT YOURSELF AS SOMEONE ELSE, COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF ANY ACCOUNT. IF YOU USE, OR ATTEMPT TO USE, ANY CBC FEED OR FEED CONTENT BEYOND THE SCOPE OF THE LICENSE GRANTED IN THIS AGREEMENT, OR BEYOND THE SCOPE EXPRESSLY GRANTED BY CBC/Radio Canada , OR ATTEMPT TO, TAMPER, HACK, SPOOF, USE ROBOTS OR SCRIPTS, COPY, DISTRIBUTE, STORE, MODIFY, OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY, OR PROPER FUNCTION OF ANY PART OF THE CBC FEED OR FEED CONTENT, THEN, IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO APPROPRIATE LEGAL AND EQUITABLE ACTION.
Indemnity
You agree to indemnify, defend and hold harmless CBC/Radio Canada and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the CBC Feed or any CBC Feed Content or other RSS Feed to which the CBC Feed is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the CBC Feed; and/or (iv) your violation of any law or regulation.
Security
Please note that information sent or received over the Internet is generally not secure and CBC/Radio Canada cannot and does not make any representation or warranty concerning security of any communication to or from the CBC Feed or any representation or warranty regarding the interception by third parties of personal or other information.
Termination
CBC/Radio Canada may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the CBC Feed and Feed Content (or any portion thereof). CBC/Radio Canada may also terminate your right to access and use the CBC Feed, or any part of the CBC Feed, if you breach any term or condition of this Agreement.
WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY WILL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT.
Obligation on expiry or termination . Upon expiry or termination of this Agreement, you shall immediately remove from your website or computer any CBC Feed and Feed Content, hyperlinks or any other mention of CBC/Radio-Canada.
Governing Law and Jurisdiction
The CBC Feed is controlled by CBC/Radio Canada from its offices within the Province of Ontario, Canada. By accessing or using the CBC Feed, you agree that this Agreement, all matters relating to your access to, or use of, the CBC Feed and/or the CBC Feed Content shall be exclusively governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. This Agreement will be deemed to have been performed in the Province of Ontario and you agree and hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in and for the judicial district of Toronto and of the Federal Court of Canada with respect to such matters and you waive any objection to venue or any claim of inconvenient forum. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General
Any consent by CBC/Radio Canada to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties, and you sh all not assume the function of agent for CBC/Radio-Canada, or make statements or contract obligations on behalf of CBC/Radio-Canada. Except for any agreements with CBC/Radio Canada that expressly reference this Agreement, this is the entire agreement between you and CBC/Radio Canada relating to the matters contained herein.
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Online Commerce.
The Web site may allow you to purchase many different
types of products and services online that are
provided by CBC/Radio Canada (the Wares and Services).
When ordering Wares and Services on the Web site,
you must provide complete and accurate personal
information consisting of your name, address,
telephone number, e-mail address, credit card
information and shipping address, as well as any
other information requested.
Your receipt of an electronic form or other form
of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation
of our offer to sell. Your submission of an order
to us shall be deemed to constitute an offer to
purchase, which shall remain open for a reasonable
time, unless we agree otherwise, and will be deemed
to be accepted by us only upon shipment of the
Wares and Services. CBC/Radio Canada, in its sole discretion,
reserves the right at any time after receipt of
your order, without prior notice to you, to supply
less than the quantity you ordered of any item.
CBC/Radio Canada, in its sole discretion, reserves the
right at any time after receipt of your order,
to accept or decline your order for any reason.
You acknowledge and agree that the price of the
Wares and Services is subject to change without
notice and that the Wares and Services are subject
to availability. The sale of the Wares and Services
is void where prohibited by law. CBC/Radio Canada, in its
sole discretion, shall have the right, at any
time after receipt of your order, to decline your
order for any reason. In the event that the Wares
and Services are listed at an incorrect price,
due to a typographical error or an error in pricing
information, CBC/Radio Canada, in its sole discretion,
shall have the right at any time after receipt
of your order, to decline your order.
The Web site may allow you to purchase many different
types of products and services online that are
provided by third parties (the Third-Party Merchandise).
CBC/Radio Canada is not responsible for the legality, quality,
accuracy, timeliness, reliability or any other
aspect of any Third-Party Merchandise. If you
make a purchase from a third-party web hosted
by the Web site or linked from the Web site, the
information obtained during your visit to any
third-party web site and the information that
you give, such as your credit card number and
contact information, is collected by the third-party
web site and not by CBC/Radio Canada.
You release CBC/Radio Canada and its officers,
directors, employees, agents and their respective
successors and assigns from any damages that you
incur, and agree not to assert any claims against
them, arising from your purchase or use of the
Wares and Services or Third-Party Merchandise
made available on the Web site or by third-party
web sites through the Web site.
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Notice and Procedure
for Making Claims of Copyright Infringement.
It is the policy of CBC/Radio Canada to respond
to claims of intellectual property infringement.
CBC/Radio Canada will promptly process and investigate
notices of alleged infringement and will take
any actions, in its sole discretion, it deems
appropriate. Notifications of claimed copyright
infringement should be sent to http://www.cbc.ca/contact/
To be effective, the notification of infringement
must be a written communication that includes
the following:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a
single notification, a representative list of
such works at that site;
3. Identification of the material that is claimed
to be infringing or to be the subject of infringing
activity and that is to be removed or access to
which is to be disabled, and information reasonably
sufficient to permit the service provider to locate
the material;
4. Information reasonably sufficient to permit
the service provider to contact the complaining
party, such as an address, telephone number and,
if available, an electronic mail address at which
the complaining party may be contacted;
5. A statement that the complaining party has
a good-faith belief that use of the material in
the manner complained of is not authorized by
the copyright owner, its agent or the law and;
6. A statement that the information in the notification
is accurate and, under penalty of perjury, that
the complaining party is authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
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Indemnity.
You agree to indemnify, defend and hold harmless
CBC/Radio Canada and its officers, directors,
employees, agents, licensors and their respective
successors and assigns, from and against any
and all claims, demands, liabilities, costs
or expenses whatsoever, including, without limitation,
legal fees and disbursements resulting directly
or indirectly from: (i) your breach of any of
the terms and conditions of this Agreement;
(ii) your access, use or inability to access
or use the Web site or any Web site to which
the Web site is or may be linked to from time
to time; (iii) your use of, reliance on, publication,
communication or distribution, uploading or
downloading of anything on or from the Web site;
and/or (iv) your violation of any law or regulation.
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Registration.
To use certain features of the Web site, you may
be asked to register with the Web site. You agree
(i) to provide true, accurate, current and complete
information about yourself as prompted by any
registration form; and (ii) to maintain and promptly
update the information you provide to keep it
true, accurate, current and complete. If CBC/Radio
Canada has reasonable grounds to suspect that
such information is untrue, inaccurate, not current
or incomplete, CBC/Radio Canada has the right
to suspend or terminate your access to and use
of the Web site (or any portion thereof). CBC/Radio
Canada's use of any personally identifying information
you provide as part of the registration process
is governed by the terms of CBC/Radio Canada's
Privacy Policy.
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Passwords.
To use certain features of the Web site, you
may also need a username and password, which
you will receive through the Website registration
process. You are responsible for maintaining
the confidentiality of the password and account,
and are responsible for all activities that
occur under your password or account. You agree
to notify CBC/Radio Canada immediately of any
unauthorized use of your password or account
or any other breach of security, and to ensure
that you exit from your account at the end of
each session. CBC/Radio Canada cannot and will
not be liable for any loss or damage arising
from CBC/Radio Canada'S failure or your failure
to protect your password or account information.
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Security.
Please note that information sent or received
over the Internet is generally unsecure and
CBC/Radio Canada cannot and does not make any
representation or warranty concerning security
of any communication to or from the Web site
or any representation or warranty regarding
the interception by third parties of personal
or other information.
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Termination.
CBC/Radio Canada may at any time, without notice,
in its sole discretion and without cause, terminate
your right to access or use the Web site, (or
any portion thereof). CBC/Radio Canada may also
terminate your right to access and use the Web
site, or any part of the Web site, if you breach
any term or condition of this Agreement.
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Governing Law
and Jurisdiction.
The Web site (excluding linked Web sites) is
controlled by CBC/Radio Canada from its offices
within the Province of Ontario, Canada. By accessing
or using the Web site, you agree that all matters
relating to your access to, or use of, the Web
site and/or the Content shall be governed by
the laws of the Province of Ontario and the
laws of Canada, without regard to the conflict
of laws principles thereof. You agree and hereby
submit to the non-exclusive jurisdiction of
the Federal Court of Canada and/or the courts
of the Province of Ontario with respect to such
matters. You agree that the provisions of the
United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
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General.
Any consent by CBC/Radio Canada to, or waiver
of, a breach of this Agreement which you have
committed, whether express or implied, shall not
constitute a consent to, or waiver of, any other,
different or subsequent breach. You may not assign
or transfer this Agreement or any right or obligation
hereunder. If any term or provision of this Agreement
is held by a court of competent jurisdiction to
be invalid, it shall be severed and the remaining
provisions shall remain in full force without
being invalidated in any way. This Agreement is
not intended to create a partnership, joint venture,
or agency relationship between the parties. Except
for any agreements with CBC/Radio Canada that
expressly reference this Agreement, this is the
entire agreement between you and CBC/Radio Canada
relating to the matters contained herein.
11 2005, CBC/Radio Canada. All rights reserved.
Please Read our Privacy
Policy
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