GoGoNews Conditions of Use
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING GOGONEWS.COM (the “Site”) AND BEFORE ALLOWING YOUR CHILD TO ACCESS OR USE THE SITE OR DOWNLOAD ANY MATERIAL.IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE OR SUBSCRIBE TO ANY OF OUR SERVICES, INCLUDING OUR E-MAIL NEWSLETTER.
1. Acceptance of Conditions of Use
1.1.By using the Site and subscribing to the e-mail newsletter, or permitting
your child to use the Site or subscribe to the e-mail newsletter, you or your child (“you”) acknowledge having read and understood these Conditions of Use and, accordingly, you agree to abide by them, as well as any future modifications that may be made. These Conditions of Use represent an agreement between you and GoGoNews Inc. (“GoGoNews”).
1.2.These Conditions of Use may be subject to change, addition or deletion at any time. Any such change will be posted on this Site. Please refer to these Conditions of Use regularly in case any changes are made to them. Your continued use of the Site following any such changes will be deemed to be your understanding of and agreement to any changes to these Conditions of Use.
1.3. If you do not agree to be bound by these Conditions of Use, you should not use this Site or allow your child to use this Site or subscribe to our e- mail newsletter. If you consider any future amendments made to these Conditions of Use to be unacceptable, you can cancel your subscription with us at any time.
2. Premises. The Site operates from its offices in Toronto, Ontario, Canada. We do not represent or warrant that all materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Personal Use. All of the materials contained on the Site are offered for personal and non-commercial use. It is prohibited for you to use the materials contained on this Site for commercial or advertising purposes without the prior written consent of GoGoNews.
4. Responsibility for Minors
4.2. In cases where you have authorized a minor to use the Site or any of the products or services offered through the Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or any of the products or services offered through the Site; and (iii) the consequences of any misuse by the minor.
5.2.This Site may from time to time contain materials, data or information provided, posted or offered by third parties. You agree that GoGoNews shall not have any liability whatsoever to you for use of or reliance on any such third-party material, data or information.
6.1.To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Contributions”), please be advised that Contributions do not necessarily reflect the views of and are not endorsed by GoGoNews. In no event shall GoGoNews have any responsibility or liability for any Contributions or for any claims, damages or losses resulting from their use and/or appearance on this site. You hereby represent and warrant that you have all necessary rights in and to all Contributions you provide and all information they contain and that such Contributions do not and shall not infringe any proprietary or other rights if third parties or otherwise violate applicable laws or these Conditions of Use.
6.2.By submitting Contributions, you automatically grant (and grant on behalf of your child, if your child has made the Contribution) (or warrant that the owner of such Contribution grants) GoGoNews, its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display, distribute and create compilations and derivative works from, and authorize others to use, your Contributions in whole in or in part, in any and all media, now known or hereafter devised, alone or together or as part of any material of any kind or nature. Without limiting the foregoing, GoGoNews will have the right to use and change the Contributions in any manner that GoGoNews may determine. You waive and waive on behalf of your child that all “moral rights” in such Contributions have been waived.
6.3.You may not submit Contributions which contain: • information which might identify any individual, including a user; • profanity or obscenities; • personal attacks on other individuals; • slanderous, defamatory, obscene, pornographic, threatening or
harassing comments; • information in violation of any applicable law, or which infringes the rights, including intellectual property and privacy rights, of any third party; • information intended for commercial purposes or to promote and/or generate revenue for any business activity; • viruses or other malicious code intended to or which result in damage to any equipment, systems, data or information; • and/or other information that GoGoNews deems in its sole discretion to be inappropriate for this site.
Although GoGoNews consistently monitors the content posting on this Site, we are not responsible for, nor do we endorse, the views or opinions expressed by third parties or any reliance on Contributions. Nonetheless, GoGoNews will make every effort to ensure that the Contributions best serve the interest to all users and, therefore, GoGoNews reserves the right to right to refuse to post, or to edit or delete messages that violate these Conditions of Use, as well as revoke the privileges of users who do not comply with the Conditions of Use.
7. Registration. To access and use this website or some of the materials available herein, you may be required to register with us. If you register, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and restrict or refuse any and all current or future use of any Site or any portion thereof. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this website. You will be responsible for maintaining the confidentiality of your password and for all activities that occur under your username and password.
8. Intellectual Property
8.1.The content available on this Site and through our services, including the e-mail newsletter, and the visible text, graphics or images thereon (the “Materials”) is owned by GoGoNews, its affiliates and/or licensors. All rights reserved. Subject to the terms and conditions set forth in these Conditions of Use, GoGoNews grants you a non-exclusive, non- transferable, limited right to access, use and display this Site and the contents of the e-mail newsletter and the visible text, graphics or images thereon (the “Materials”), and to view and download the Materials, only in connection with your personal and non-commercial use of the Site and services, including the GoGoNews e-mail newsletter. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify, reproduce, make derivative works from, distribute sell, publish, communicate, broadcast, perform, publicly display or otherwise make available the Materials in any way or use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without GoGoNews’ prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.
8.2. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, GoGoNews does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright or trade secret, or ownership of any confidential information of GoGoNews or any of its affiliates.
8.3.Trade-marks. The trade-marks, logos and company names of GoGoNews or any of its affiliates used on this Site as well as the tag line “Big News for Little People” are trade-marks of GoGoNews or its affiliates. Other products, services, logos and company names mentioned on this Site may be the trade-marks or registered trade-marks of their respective owners. Trade-marks appearing on the Site may not be copied, imitated or used, in whole or in part, without the prior written consent of GoGoNews or the respective owners.
9. Disclaimer of Warranties
9.1.This Site, the Materials, and the information accessible through this Site or services, including the e-mail newsletter, are provided “as is” without any representation or warranty, express or implied, of any kind. GoGoNews does not warrant that this Site or any services, including the e-mail newsletter, will operate without interruptions or that it will be error free. GoGoNews and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade.
9.2.The Materials and information accessible through this Site, including the e-mail newsletter, may contain inaccuracies and typographical errors. GoGoNews and its affiliates make no representations or warranties about the accuracy or completeness of the Materials, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk. GoGoNews reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. GoGoNews may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.
9.3.Any material downloaded or otherwise obtained through the Site or GoGoNews is done at your own discretion and risk and you will be solely responsible for any damage to any equipment, systems, hardware, software or data loss that may result from such download.
10.Limitation of Liability
10.1. IN NO EVENT SHALL GOGONEWS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOU INFORMATION HANDLING SYSTEM) RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, INCLUDING THE E-MAIL NEWSLETTER, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT GOGONEWS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GOGONEWS’ LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
11.Indemnity. By using this Site, you agree to indemnify, defend and hold harmless GoGoNews, its affiliates, officers, agents, partners and employees from any and all claims or damages, including reasonable legal fees and expenses, resulting or arising out of the use of the Site or services or in connection with the Site or services, violation of the Conditions of Use, or any violation of the rights of another. GoGoNews may assist you, at your expense, in defending any such claim.
12.1. You can cancel your subscription at any time by accessing the “Unsubscribe” link that will appear in any e-mail that we send to you. 12.2. GoGoNews can, at its sole discretion, cancel or suspend your subscription in whole or in part for any reason, including, without limitation, the non-compliance with these Conditions of Use.
13.No Agency or Partnership. The parties hereto are independent contractors and neither party may create or assume any legal obligation on behalf of the other.
14.Assignment. GoGoNewsmayassignanyorallofitsrightshereundertoany party without your consent. You are not permitted to assign any of your rights or obligations under these Conditions of Use without the prior written consent of GoGoNews, and any such attempted assignment will be void and unenforceable.
15.Governing Law. The laws of the province of Ontario and the laws of Canada shall govern these Conditions of Use as well as any use of the Site, without regard to rules relating to conflict of laws. Any action relating to these Conditions of Use must be brought in Toronto, Ontario and you irrevocably consent to the jurisdiction of such courts.
How to Contact About these Conditions of Use.
If you have any questions regarding these Conditions of Use, you can reach us at the following address: GoGoNews, 22 St. Clair Avenue East, Suite 200 Toronto, ON M5T 2S3 or by e-mail at: email@example.com.
Last Updated: December 5, 2010