TERMS OF SERVICE
In these Terms of Service, “you” refers to the person accessing or using this radio station’s online sites operated by Newcap Inc. or its applicable subsidiary companies, such sites including but not limited to, this website, the station’s Official App (“App”) and other applications (individually and collectively, the website(s), App and other applications being the “Site“). “Newcap”, “Company” “we”, “us”, etc. refers to the company that operates the Site. The Company is a subsidiary company of Newfoundland Capital Corporation Limited.
Acceptance of Terms through Use
Links to Third Party Sites & Services
In-App Calls, Texts or Emails
The App contains software suitable for mobile devices that allows its users to send and receive phone calls, emails, text messages and other data exchanges, on a user-to-Station basis (“In-App Service”). Such In-App Service may be subject to additional costs, fees and/or roaming charges at rates determined by your mobile carrier, depending on your plan with your local carrier. By using or accessing the in-App Service, you expressly relieve Company from any and all liability arising from any such costs, fees and/or roaming charges. If you use or access the in-App Service, you agree: (a) to only send messages to the Station; (b) to comply all applicable laws and regulations; (c) not to send content that is unlawful, hateful, pornographic, libelous, defamatory, threatening or incites violence toward individuals or groups; (d) not to transmit any content containing spam, viruses, worms, malware, Trojan horses or other harmful content; and (e) complies with any carrier agreements and terms associated with your mobile device.
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it or its Licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Newcap” or our licensors or Newcap has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by Newcap. The use or misuse of any of these materials is strictly prohibited. Newcap, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Company does not grant any license to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the Site in accordance with this Agreement. Any product and/or trade names that are mentioned on the Site or are provided as part of the Services may be trade-marks of their respective owners. Company reserves all rights that are not expressly granted to you in this Agreement. Company’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trade-marks and logos contained therein (“IP“). The IP is owned by or licensed to Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content provided by Company is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company and/or the respective owners.
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, may give rise to civil liability, may damage Company or other parties, or otherwise violate any law, or which, without Newcap’s express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the Site to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the Site. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site or interferes in any way with the proper functioning of the Site will not be permitted.
You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.
You acknowledge that we do not necessarily pre-screen Member Content, but that we and our designees have the right, but not the obligation, in our sole discretion to refuse to publish and/or remove any content and or Member Content from the Site.
Without limitation, by using the Site you agree not to:
Publish, upload, post, email, or otherwise make available any content, as determined by us, that is harmful, threatening, abusive, stalking, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful. including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;
Post or transmit 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 are protected by copyright, trade-mark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
Collect or store any data about other users or third parties without their express written consent;
Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
Post or transmit any information, software or other material which contains a virus or other harmful component; or
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. We reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever, subject to applicable laws.
User’s Grant of Licence
By posting or submitting content to the Site, including but not limited to any feedback you provide us with, you grant Newcap and its worldwide licensees or assignees a perpetual, non-exclusive and royalty-free licence to use, reproduce, display, perform, adapt, edit, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark, or trade secret rights. Newcap shall retain the right, but not the obligation, to monitor, edit or otherwise change your posting or other content, submitted to the Site, without your permission. You further represent and warrant that you are the age of majority in your province of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will provide accurate information when creating an account; you are solely responsible for your User ID and the activity that occurs while signed in, including any content submissions, such as discussion posts, profile information, links, pictures, and other such content.
DISCLAIMER OF WARRANTIES:
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NEWCAP, ITS PARENT, SUBSIDIARIES AND AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold Newcap, its affiliates, subsidiaries and parent company and each of their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims, damages, costs or debt and expenses, including attorney’s fees, that arise from (i) your use or misuse of the Site, including without limitation your violation of the Terms of Service herein; (ii) your violation of any third party right, including without limitation any copyright, trademark, publicity, property, or privacy right; or (iii) any claim that any Content submitted by you causes damage to a third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. This defence and indemnification obligation will survive these Terms of Service and your use of the Site.
Newcap shall have the right, but not the obligation, to monitor, edit, refuse to post and/or remove any content on or from the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Newcap and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Newcap shall have the right to remove any person from the Site whom, in our sole discretion, it finds to be in violation of the provisions hereof or otherwise behaving in an offensive or objectionable manner. Notwithstanding the foregoing, Newcap is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk.
By choosing to access the Site from any location other than the province of where the applicable radio station for the Site is located, you accept full responsibility for compliance with all local and federal laws that are applicable. Newcap makes no representation that materials on the Site are appropriate or available for use in locations outside such Province, and accessing them from territories where their contents are illegal is prohibited.
Security and Privacy and Non-Confidentiality
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Newcap provides information regarding Security and Privacy at http://www.ncc.ca/privacy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.
Choice of Law
THESE TERMS OF SERVICE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF NOVA SCOTIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. YOU EXPRESSLY AGREE THAT ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SITE (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) SHALL BE FILED ONLY IN THE COURTS OF SUCH PROVINCE, AND YOU FURTHER AGREE AND SUBMIT TO THE EXERCISE OF PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM OR ACTION.
Integration and Severability
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Newcap reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Privacy and Disclosure
The section headings used herein are for convenience only and shall not be given any legal import.