Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN THE LEGAL TERMS THAT GOVERN YOUR USE OF THE TORONTO STAR WEBSITES, INCLUDING BUT NOT LIMITED TO THESTAR.COM, WHEELS.CA, PARENTCENTRAL.CA, YOURHOME.CA, HEALTHZONE.CA AND MONEYVILLE.CA (COLLECTIVELY, "TORONTO STAR WEBSITES" AND EACH A "WEBSITE").
Access to and use of the Toronto Star Websites are subject to the Toronto Star's Privacy Code, Commenting Guidelines
and the terms and conditions set out below (collectively, the "Terms
and Conditions"). If you do not agree with these Terms and Conditions,
please do not access or use the Toronto Star Websites.
We reserve the right to change these Terms and Conditions from time to
time by updating this posting. Please check the Terms and Conditions
periodically for changes. Your continued use of the Toronto Star
Websites following the posting of these Terms and Conditions will mean
you accept those changes.
Restrictions on Use of Materials
The Toronto Star Websites and their contents are the property of Toronto
Star Newspapers Limited ("Toronto Star") or its licensors and are
protected, without limitation, pursuant to Canadian and foreign
copyright and trademark laws.
Reproduction, duplication, or distribution of the Toronto Star Websites and/or all or any part of their contents for anything other than your personal, non-commercial use is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from
Toronto Star). The content on the Toronto Star Websites is made available to you for non-commercial, personal, or educational purposes only. The content may not be modified in any manner and the intellectual property notice must be included on every display and copy of the content. No other use is permitted. Nothing contained herein shall be construed as conferring any right under any copyright of Toronto Star or any other person who owns the copyright in the content
provided on the Toronto Star Websites.
All trademarks and trade names are trademarks or registered trademarks of Toronto Star or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on each of the Websites does not convey or create any license or other rights in these marks or
names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
Jurisdiction and Governing Law
The
Toronto Star Websites are controlled and operated by Toronto Star. Its
offices are located in Ontario, Canada. If you choose to access these
Websites from another location, you are responsible for compliance with
local laws, if and to the extent local laws are applicable.
These
Terms and Conditions shall be governed by and construed in accordance
with the laws of Ontario, Canada, without giving effect to any
principles of conflicts of law. You agree that any action at law or in
equity arising out of or in connection with these Terms and Conditions
or the Toronto Star Websites shall be filed only in the provincial or
federal courts located in Ontario, Canada and hereby submit to the
nonexclusive jurisdiction of such courts. You also agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Toronto Star Websites or
the Terms and Conditions must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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.
Registration
In
order to be able to post comments on Toronto Star Websites, you may be
required to register. Should you choose to register, you agree to
provide accurate and current information about yourself as required by
the registration process, and to promptly update such information as
necessary to ensure that it is kept accurate and complete. You agree to
be responsible for: (a) maintaining the confidentiality of any
passwords or other account identifiers which you choose or are assigned
as a result of any registration on the Toronto Star Websites, and (b)
all activities that occur under such password or account. Further, you
agree to notify Toronto Star of any unauthorized use of your password
or account. If you provide any information that is untrue or
inaccurate, we have the right to suspend or terminate your account.
User Conduct, Indemnification and Licence Granted
Postings
created by users on any part of the Toronto Star Websites, including
but not limited to its Comment forums, ("Postings") are the
responsibility of the user creating the Postings. TORONTO STAR HAS NO RESPONSIBILITY FOR POSTINGS.
However, Toronto Star retains the right, which it may or may not
exercise, in its sole discretion, to review, edit, refuse or delete any
Postings for any reason whatsoever. Toronto Star will not be liable
to you or any third-party for any modification or discontinuance of
your Postings.
You acknowledge and agree that Toronto Star may
preserve Postings and may also disclose any information as necessary to
satisfy any law, regulation or governmental request, comply with legal
process, enforce these Terms and Conditions or to protect itself, its
users and/or the public.
You hereby represent and warrant that
you have all necessary rights in and to all Postings you provide and
that such Postings shall not infringe any proprietary or other rights
of third parties or contain any libellous, tortious, or otherwise
unlawful information. Without limiting the generality of the
foregoing, you agree not to:
- Infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
- Contain any libelous, tortious or otherwise unlawful information;
- Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
- Are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
- Denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
- Depict violent or criminal acts, or seek to incite violence or crime;
- Relate or pertain to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
- Include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;
- Post, transmit, link to, or otherwise distribute any Postings that involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity.
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
YOU AGREE TO
INDEMNIFY AND HOLD HARMLESS EACH OF TORONTO STAR, ITS PARENT,
AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS,
ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND
ACCOUNTING FEES RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS
AND CONDITIONS, YOUR ACCESS TO OR USE OF THE TORONTO STAR WEBSITES OR
YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR
DISTRIBUTION OF ANYTHING FROM THE TORONTO STAR WEBSITES. You shall use
your best efforts to cooperate with us in the defence of any claim. We
reserve the right, at our own expense, to assume the exclusive control
of any matter otherwise subject to indemnification by you.
By
contributing Postings to the Toronto Star Websites, you give (or
warrant that the owner of such rights has expressly given) to Toronto
Star and its affiliates a worldwide, royalty-free, perpetual,
irrevocable and nonexclusive right and license to use, reproduce,
modify, edit, adapt, publish, translate, broadcast, create derivative
works from, distribute, perform, display and publicize such content
anywhere, for any purpose and in any form, media or technology now
known or later developed, without any compensation to you. In addition,
you acknowledge and agree that you have waived any moral rights in your
Postings. You further agree that Toronto Star is free to use any ideas,
concepts, know-how, or techniques contained in any of the Postings for
any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information, without
compensation to you.
Termination of Access
You
agree that Toronto Star, in its sole discretion, may suspend or
terminate your password, account, or use of the Toronto Star Websites
and remove and discard any Postings at its convenience or for any
reason. You agree that any suspension and/or termination of your access
to the Toronto Star Websites may be effected without prior notice and
that Toronto Star will not be liable to you or to any other person as a
result of any such suspension or termination.
Links to Third Party Sites
Users
may, through hypertext or other computer "links," gain access to other
sites on the Internet which are not part of the Toronto Star Websites
and which are not controlled by Toronto Star. Toronto Star is providing
these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Toronto Star of the site. TORONTO
STAR ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE TORONTO
STAR WEBSITES WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
Unless
otherwise indicated on a Website, Toronto Star is not sponsored by or
affiliated with the linked sites, and trademarks used in connection
with linked sites are not trademarks of Toronto Star.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO
THE FULLEST EXTENT PERMITTED BY LAW, TORONTO STAR IS PROVIDING THE
TORONTO STAR WEBSITES ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES
NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE TORONTO STAR WEBSITES,
THEIR CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED.
TORONTO STAR DOES NOT WARRANT THAT THE FUNCTION OF THE TORONTO STAR
WEBSITES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE TORONTO STAR WEBSITES OR THE
SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TORONTO
STAR BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND
OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES), EVEN IF TORONTO STAR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THE TORONTO STAR WEBSITES, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS
WITH WHICH IT IS LINKED. IN NO EVENT SHALL TORONTO STAR’S TOTAL
LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.
Medical/Health Information Disclaimer
Some
of the Toronto Star Websites may contain medical and health
information. Such information is for informational purposes only and
is not to be used or construed as a substitute for professional medical
advice, diagnosis or treatment.
Last updated: September 8, 2011
