(d) 1432838 ONTARIO LTD GROUP OF COMPANIES Content – Ownership – You acknowledge and expressly agree that the 1432838 Ontario Ltd group of companies Services contain Content owned by 1432838 ONTARIO LTD GROUP OF COMPANIES and/or its licensors (“1432838 ONTARIO LTD GROUP OF COMPANIES Content“), and is protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws) and that 1432838 ONTARIO LTD GROUP OF COMPANIES owns and retains all rights in the 1432838 Ontario Ltd group of companies Content and the 1432838 Ontario Ltd group of companies Services.
Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the 1432838 Ontario Ltd group of companies Services, in any manner, and you shall not exploit the 1432838 Ontario Ltd group of companies Services in any unauthorized way whatsoever (including but not limited to, by trespass or burdening network capacity).
Further, you expressly acknowledge that the 1432838 Ontario Ltd group of companies Content (which includes but is not limited to its embedded players and other concepts, products and/or the 1432838 Ontario Ltd group of companies Services) is patent-pending worldwide.
(e) 1432838 ONTARIO LTD GROUP OF COMPANIES Content – Licence from 1432838 ONTARIO LTD GROUP OF COMPANIES – 1432838 ONTARIO LTD GROUP OF COMPANIES hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the 1432838 Ontario Ltd group of companies Content (excluding any software code) solely for your personal use in connection with viewing the 1432838 Ontario Ltd group of companies Website and using the 1432838 Ontario Ltd group of companies Services.
(f) Content of Others – The 1432838 Ontario Ltd group of companies Services contain Content of Users and other 1432838 ONTARIO LTD GROUP OF COMPANIES licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the 1432838 Ontario Ltd group of companies Services.
Technical Allowances: You understand and acknowledge that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various networks and/or (i) changes to conform and adapt to technical requirements of connecting networks or devices. 1432838 ONTARIO LTD GROUP OF COMPANIES performs technical functions necessary to offer the 1432838 Ontario Ltd group of companies Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the 1432838 Ontario Ltd group of companies Services. You agree to allow 1432838 ONTARIO LTD GROUP OF COMPANIES to perform such technical functions.
Content:
(a) 1432838 ONTARIO LTD GROUP OF COMPANIES may reject, refuse to post or delete any Content posted by you for any or no reason, including Content that, in the sole judgment of 1432838 ONTARIO LTD GROUP OF COMPANIES, violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
(b) 1432838 ONTARIO LTD GROUP OF COMPANIES assumes no responsibility for monitoring the 1432838 Ontario Ltd group of companies Services for inappropriate Content or conduct and does not generally pre-screen or post-screen User Content. If at any time 1432838 ONTARIO LTD GROUP OF COMPANIES chooses, in its sole discretion, to monitor the 1432838 Ontario Ltd group of companies Services, 1432838 ONTARIO LTD GROUP OF COMPANIES nonetheless assumes no responsibility for the Content and 1432838 ONTARIO LTD GROUP OF COMPANIES will have no obligation to modify or remove any inappropriate Content and will have no responsibility for the conduct of the User submitting any such Content.
(c) You are solely and entirely responsible for the Content that you post on or through any of the 1432838 Ontario Ltd group of companies Services and for any material or information that you transmit to other Members and for your interactions with other Users.
(d) Except as otherwise expressly agreed to by 1432838 ONTARIO LTD GROUP OF COMPANIES, you are solely and entirely responsible for ensuring that all Content that you post on or through any of the 1432838 Ontario Ltd group of companies Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through 1432838 ONTARIO LTD GROUP OF COMPANIES.
(e) You are solely and entirely responsible for, and bear all risks associated with, evaluating and using any Content, including any relying on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 1432838 ONTARIO LTD GROUP OF COMPANIES or submitted to 1432838 ONTARIO LTD GROUP OF COMPANIES that is available on any part of the 1432838 Ontario Ltd group of companies Services.
Prohibited Content: 1432838 ONTARIO LTD GROUP OF COMPANIES reserves the right to investigate and/or to take appropriate legal action against anyone who, in 1432838 ONTARIO LTD GROUP OF COMPANIES’s sole discretion, violates this provision including, without limitation, removing the offending Content from the 1432838 Ontario Ltd group of companies Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of 1432838 ONTARIO LTD GROUP OF COMPANIES:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) harms minors in any way;
(g) publicly posts information that poses or creates a privacy or security risk to any person or entity;
(h) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(i) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(k) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
(l) furthers or promotes any criminal activity or enterprise or provides 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;
(m) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(n) involves commercial activities and/or sales without prior written consent from 1432838 ONTARIO LTD GROUP OF COMPANIES such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(o) includes a photograph or video of another person that you have posted without that person’s consent;
(p) for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
(q) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
(r) promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
Prohibited Activity: 1432838 ONTARIO LTD GROUP OF COMPANIES reserves the right to investigate and take appropriate legal action against anyone who, in 1432838 ONTARIO LTD GROUP OF COMPANIES’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, “spamming”, “spimming”, sending of viruses or other harmful files, infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
(b) uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation. You may, however, make legally compliant solicitations in those areas (such as shopping rooms) that are designated for such purpose;
To protect our Members from such advertising or solicitation, 1432838 ONTARIO LTD GROUP OF COMPANIES reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which 1432838 ONTARIO LTD GROUP OF COMPANIES deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the 1432838 Ontario Ltd group of companies Services, you acknowledge that you will have caused substantial harm to 1432838 ONTARIO LTD GROUP OF COMPANIES, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay 1432838 ONTARIO LTD GROUP OF COMPANIES $50 (CDN) for each such unsolicited email or other unauthorized commercial communication you send through the 1432838 Ontario Ltd group of companies Services;
(d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(e) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the 1432838 Ontario Ltd group of companies Services;
(f) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the 1432838 Ontario Ltd group of companies Services;
(g) covering or obscuring the banner advertisements on your personal profile page, or any 1432838 ONTARIO LTD GROUP OF COMPANIES page via HTML/CSS or any other means;
(h) any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
(i) interfering with, disrupting, or creating an undue burden on the 1432838 Ontario Ltd group of companies Services or the networks or services connected to the 1432838 Ontario Ltd group of companies Services;
(j) impersonating or attempting to impersonate another Member, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(k) for profiles containing an 1432838 ONTARIO LTD GROUP OF COMPANIES player, copying the code for your 1432838 ONTARIO LTD GROUP OF COMPANIES Player and embedding it (or directing others to embed it) anywhere other than your profile on 1432838 ONTARIO LTD GROUP OF COMPANIES, unless expressly permitted to do so;
(l) using the account, User ID, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(m) selling or otherwise transferring your profile;
(n) using any information obtained from the 1432838 Ontario Ltd group of companies Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(o) uploading, posting, emailing, transmitting or otherwise making available an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the 1432838 Ontario Ltd group of companies Services on behalf of that person, such as placing unauthorized commercial content on your profile; or
(p) using the 1432838 Ontario Ltd group of companies Services in a manner inconsistent with any and all applicable laws and regulations.
Protecting Copyrights and Other Intellectual Property: 1432838 ONTARIO LTD GROUP OF COMPANIES respects the intellectual property of others, and requires that our Users do the same.
(a) You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. 1432838 ONTARIO LTD GROUP OF COMPANIES has the right to terminate the Membership of infringers.
(b) If you believe your work has been copied and/or posted on or through the 1432838 Ontario Ltd group of companies Services in a way that constitutes infringement of any of the rights listed in subsection (a), please notify 1432838 ONTARIO LTD GROUP OF COMPANIES’s Compliance Officer of the potential/claimed infringement, and include the following information: