LEGAL NOTICE
PLEASE READ THE FOLLOWING DISCLAIMERS AND TERMS AND CONDITIONS CAREFULLY. Your access and use of this site constitutes your full acceptance and compliance with the following provisions. If you ("User" or “you”) have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree with these terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
TERMS OF USE - COPYRIGHT AND TRADEMARK All of the names, titles, logos, and designs on this site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Astral Media Inc. or any of its subsidiaries, affiliates or divisions (hereinafter referred to as “Astral”). All other names, titles, logos and designs appearing on this Site are the property of their respective owners. This site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, music, audio, video, software and other (collectively, the "Material") and the entire contents of this site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. Astral owns the copyright in the Material original to it and in its selection, coordination, arrangement and enhancement of the Material. No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights in the Material. By accessing the Material in this site, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks. Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. No User may use or manipulate any of Astral’s or other's trademarks, services marks, logos or characters found on this site. Astral, Astral Media, (list trademarks) and their associated logos are trademarks of Astral.
LINKS
While it is not our policy to link to other sites in general, this site may contain links to third party Web sites from time to time. Third party sites are independently operated. Astral makes no endorsements, warranties or representations of any kind whatsoever regarding those other Web sites and assumes no responsibility for content on third party sites. Any link is not to be construed as an endorsement or implication of any situation with said third party. Users link to third party sites at Users’ own risk. Third parties may link to this site but may not replicate any
of its content. Furthermore, under no circumstances may a third party imply that Astral is associated with or is endorsing the third party, its site or its products. Third party sites that link to this site must not contain any content that may be construed as distasteful, offensive or controversial and should contain content that is appropriate for all age groups. Astral may withdraw a third party’s right to link at any time in its sole discretion.
RULES OF CONDUCT
User shall refrain from submitting any content to this site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes third party intellectual property laws or violates other laws. The Web site must not be used to solicit customers or sell products or services. Users may not use the e-mail service to send unauthorized or unsolicited e-mails including “spam”. In the event of any violation of these legal terms, Astral may immediately terminate your use of the site and User shall indemnify Astral and its designees against any and all third party claims, if any, as a result. The use of this site is subject to the Astral Media Customer Privacy Policy which is available on this site.
FORUMS
"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this site or Astral operated mobile program. If you participate in any Forum, you must not:
• commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
• defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
• publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
• delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
• falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
• advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
• download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner; or
• engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Users shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this Site without notice. By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout
the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.
WAIVER OF RIGHTS
Users waive all rights to any stories, ideas, drawings, opinions and other materials posted on Astral’s Web site. Furthermore, Users may only post materials which they alone have created.
JURISDICTIONAL ISSUES
Without the express written consent of the owner of the Material, Users may not frame or otherwise incorporate into a third party Web site, any of the content provided herein. The materials used in this Site are presented for the purpose of promoting programs shown in Canada on Astral’s CRTC licensed service. This Site is controlled and operated by Astral in Canada with the approval of the copyright and trademark owners. We make no representation
that the Materials in this site are appropriate or available for use in other jurisdictions.
TERMINATION
This agreement is effective until terminated by either party. User may terminate this agreement at any time by destroying all materials obtained from this site. This agreement will terminate, without notice from Astral if, in our sole discretion, User fails to comply with any term or provision hereunder. Upon termination, User must destroy all materials obtained from this site and any and all copies thereof, whether made under the terms of this agreement or
otherwise. User warrants that s/he shall refrain from submitting any content to Astral which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, violates intellectual property or laws. In the event of any of the above, Astral may terminate this agreement and User shall indemnify Astral and its respective designees against any and all third party claims, if any, as a result.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, ASTRAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER AND NOT ASTRAL ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ASTRAL DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. ASTRAL ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. ASTRAL RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOS NOTICE.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK
AND DISCRETION. YOU AGREE TO INDEMNIFY US AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL ASTRAL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ASTRAL OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASTRAL'S LIABILITY TO A USER FOR DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE ASTRAL NOTES THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. ASTRAL RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY OR UPDATE
THESE TERMS AND CONDITIONS AND RELATED DISCLAIMERS AT ITS CONVENIENCE.
GOVERNING LAW / ENTIRE AGREEMENT
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, as applicable notwithstanding any conflict of laws provision. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties
relating to the use of this site and shall not be modified except by Astral from time to time as set out above. Astral’s failure to insist upon or enforce strict performance of any provision hereof shall not be construed as a waiver of any right on its part.
ASTRAL MEDIA INC.1 CUSTOMER PRIVACY POLICY
Last Updated –July 2005
1. Astral Media’s Commitment to Privacy
Protecting your privacy is important to Astral Media Inc. As part of our commitment to privacy protection, we have implemented this Privacy Policy, which explains our privacy practices, including those of our Websites. We may change this Privacy Policy from time to time to better serve your needs. Notice of any changes will be provided on our Websites and a copy of all amendments is on file at our offices. You can be sure that our Privacy Policy satisfies all of the requirements of applicable privacy law, including Canada’s Personal Information Protection and Electronic Documents Act (“PIPED Act”). This Privacy Policy governs the way we manage your Personal Information. If you have any questions or concerns about your privacy, please contact us, using the contact information at the end of this policy. Whenever you provide us with Personal Information, whether in writing, over the telephone, or online, you will be referred to this Privacy Policy. If you do not agree with our Policy, please contact us at the address given at the end of this Policy, we would be pleased to address your concerns.
2. What is “Personal Information”?
“Personal Information” is information about you as an individual. Examples include your name, mailing and e-mail addresses, age, birthday telephone number, picture and voice recording. Your personal preferences, such as your favourite colour or flavour of ice cream, could also qualify as Personal Information if connected with other information that identifies you. This Privacy Policy describes the types of Personal Information that we collect, how we collect it, why we collect it and what we use it for. “Non-identifiable Information” is information that cannot be associated with, or traced back to, a specific person. Non-identifiable information includes: anonymous aggregated information, information about your visits to our Websites which is not linked to you, information about your computer’s operating system and web browser software. Your computer and its operating systems, browsers, and memory contain vast quantities of transaction data and records of your use of it. This Personal Information could be gleaned from these systems by outsiders if you do not take steps to protect your system. It is our policy not to associate this information with customers, even though we verify some kinds of technical information to ensure that our Websites are optimized to serve our customers.
- 1 - Reference to Astral Media Inc. includes the corporate office and all the subsidiaries and all the business units controlled or operated by Astral Media Inc.
- 2 - When you interact with our Websites, we may use a browser feature, known as “cookie”, to verify non-identifiable information about visitors to our Websites and measure visitor traffic patterns. We do this to maintain the best possible Websites. A cookie is a small computer file. When you first visit our Websites, the Website manager may have implemented a program that creates a small computer file stored on your computer’s hard drive. We ensure that the minimum information required is placed in the cookie only so that we can recognize returning Website visitors. The cookie does not contain Personal Information and we will not combine information in the cookie with Personal Information that would enable us to identify you individually. On subsequent visits to the Website, our server communicates with your computer, reads the cookie, recognizes and confirms that you are a returning visitor. Our
server uses this information to provide you with a “short cut” that facilitates the quickest, most efficient and best possible Website experience. Most browser softwares allow you to delete cookies. You should consult your Internet service provider for information on how to delete cookies. This may interfere with our ability to personalize your experience at our Websites and be recognized, or may slow down performance.
3. Collection and Use of Personal Information
We collect Personal Information in the following circumstances:
• When you join a club or become a member through this Website, by regular mail or by using SMS text messaging;
• When you enter a contest or other promotion through this Website, by regular mail or by using SMS text messaging;
• When you subscribe to our e-mail newsletter(s);
• When you respond to online questionnaires;
• When you participate in interactive online activities (including games, Kid’s Gallery, chatrooms or bulletin boards);
• When you shop online at our Websites; or
• When you contact us to make requests or comment on our services.
We take particular care in the collection of Personal Information from children under the age of 13. We do not require Personal Information from children to obtain access to, surf or view the content on any of the Websites of Astral Media Inc. However, certain Personal Information may be required for a child to participate in one of our contests or promotions. In these circumstances, we may collect the first and last name (or user name) of the child, the child’s e-mail address, home address, - 3 - birth date and gender, as well as the name, home address, e-mail address and telephone number of the child’s parent or guardian. We only collect the Personal Information from a child under the age of 13 that is reasonably necessary for the purposes of verifying the child’s age, administering the child’s participation in the contest or promotion and, if the child wins a prize, contacting the child’s parent or guardian. We will not use, maintain or disclose this Personal Information for any other purpose. At the time of collection of any Personal Information, we generally recommend to the child to print a copy of this Privacy Policy and give it to his or her parent or guardian. The parent or guardian can contact us at any time to get more information about our personal information practices or to remove the child’s Personal Information from our records. Astral Media Inc. strives to ensure that our Internet experiences for young people are safe and fun, and we urge parents and guardians to take an active role and explore where their children are roaming on the Internet. This Website may include links to third party websites. These third parties have separate and independent privacy policies. Any personal information you share with these third parties through their websites will be administered under their privacy policies. Astral Media Inc. has no control over third party privacy policies and therefore has no responsibility or liability for the manner in which third parties may collect, use or disclose and otherwise treat your personal information. Further details regarding our collection and use of Personal Information is set out below.
(a) Clubs or Memberships
Many of our sites offer you the opportunity to become a member or belong to a club, so that you can participate on a regular basis in games, bulletin boards, contests and other activities offered on the site. We do collect Personal Information when you join in accordance with the following principles:
• We collect only the information necessary for the activities offered;
and
• Access to our activities is never conditional upon you providing more Personal Information than is necessary for such activities.
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(b) Contests
When you enter a contest, you may be required to provide the following Personal Information: your name, address1 or province of residence, e-mail address, telephone number 2 and, where an age eligibility requirement applies, your age range. This Personal Information is collected solely for the purpose of identifying and communicating with contest prizewinners.
Personal Information from non-winners is destroyed, in accordance with applicable legal requirements. When an affidavit of eligibility and release is sent to the prizewinner’s parent or legal guardian, it must be signed and returned before the prize can be awarded. If the release is not returned within the specified time period, the winner forfeits the prize and an alternative
winner may be chosen.
(c) Newsletter Subscriptions
When you subscribe to our online newsletter(s), you are required to provide the following mandatory Personal Information so that we can deliver the newsletter to you electronically: your first name, e-mail address and your province of residence (in the last case, for statistical purposes only). Subscribers (and their parents or guardians, where applicable) can cancel a
newsletter at any time by following the “unsubscribe” instructions at the bottom of the newsletter or by using the information at the end of this Privacy Policy. Personal Information is deleted from our database immediately when a subscriber cancels its subscription.
(d) Online Questionnaires
From time to time, we may request your feedback on an activity, product or service that we offer or provide or on content on our Websites. We ask for your name and e-mail address when you are providing us with feedback so that we may reply to you, but you always have the option of providing us the feedback without sharing this information.
(e) Other Online Activities
When you visit our Websites and participate in other online activities, we may collect information such as your name, nickname, age category, preferences, opinions, etc. Whether or not you are required to join a club or become a member of the site to participate in these activities we always comply with the principles stated in subsection (a) above with respect to memberships or clubs.
1 In case of children, subject to the conditions set out in Section 3 of this Customer Privacy Policy.
2 See 1.
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(f) Online Shopping
You must be 18 years of age (or any other applicable minimum age in your province of residence) or older to make an online purchase on our Websites. Our shopping Websites collect only basic ordering information, including your name and shipping address, telephone number and e-mail address, and credit card number. This is for the sole purposes of processing and delivering products or services that you buy online. We do not share this information outside Astral Media Inc., except with our approved agents, who help us to process your order. All of our approved agents are required to provide a level of privacy protection comparable to that provided in this policy and are not permitted to use your information for any other purpose, such as to market to you.
(g) Contacting Customer Service
If you telephone, write or e-mail us to comment on one of our services or Websites, we will retain the information for our records during a certain period of time. Disclosure of your name and Personal Information is voluntary in this circumstance.
4. Disclosure of Personal Information
We will not disclose your Personal Information unless required by law. We must provide your Personal Information in response to a search warrant or other legally valid enquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We use your Personal Information for internal purposes only. We do not sell, rent or trade in Personal Information. We may transfer information to third parties who need such Personal Information to provide services on behalf of Astral Media Inc. Any such
service providers are contractually bound to maintain the confidentiality of such transferred Personal Information and are prohibited from using the Personal Information for any other purpose. Your consent to our use of Personal Information can be withdrawn at any time by following the directions at the end of this policy. We will obtain your consent before using your Personal Information for any purpose other than these above. Once your Personal Information is no longer required for the purposes above, it will be deleted.
5. Security and Safeguards
We know how important privacy is to you. That is why we protect and safeguard your Personal Information. Our security policies govern the protection of the information on our information systems, the way we protect our Websites from malicious attack, and the way in which we dispose of information no longer needed. We screen and train our employees carefully to ensure that they will always have the highest regard for you and your privacy, and we restrict access to your Personal Information to only those with a need to know.
- 6 - We make best efforts to keep our servers in a safe environment and protect our information technology infrastructure from abuse. Security on the Internet is a continuously evolving problem and we hire experts who keep up with the latest trends. If you receive any electronic communication which purports to be from a member of the Astral Media Group that you have any questions or concerns about, please contact us. Spam, improper use, and pirating of domain names and email addresses is a growing problem, so we appreciate hearing about incidents in order that we may investigate them and provide you the best customer service.
6. Accessing Your Personal Information
You have the right to access, verify and amend Personal Information that we collect about you. To keep your Personal Information current, you can amend inaccuracies and make corrections by contacting us as described at the end of this Privacy Policy.
7. Contact Us With Concerns, to Update Your Personal Information, to Opt Out or To Complain
We have tried to anticipate and meet all of your expectations with respect to the treatment of your Personal Information and the privacy of your online experience with us. If you have any concerns or questions, please contact us at the address below. This is the address to contact if you:
• Have questions or concerns about our treatment of your Personal Information;
• Wish to update or access your Personal Information;
• Want to withdraw your consent to the collection and use of your Personal Information, or the information of your child if you are a parent or guardian; or
• Wish to cancel an on line newsletter subscription.
Please contact:
Brigitte K. Catellier, Vice-President, Legal Affairs
2100, Ste-Catherine Street West, Suite 1000, Montréal, Québec H3H 2T3
bcatellier@corp.astral.com
514 939-5000 ext. 3070