This Website collects some Personal Data from its Users.
1.3 These terms and conditions shall govern your use of smedia.ca.
1.4 By using smedia.ca, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use smedia.ca.
1.5 If you register with smedia.ca, submit any material to smedia.ca or use any of smedia.ca services, sMedia will ask you to expressly agree to these terms and conditions.
1.6 You must be at least 13 years of age to use smedia.ca; and by using smedia.ca or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2. Copyright notice
2.1 Copyright (c) 2019 Smedia.ca.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in smedia.ca and the material on smedia.ca; and
(b) All the copyright and other intellectual property rights in smedia.ca and the material on smedia.ca are reserved.
3. Licence to use website
3.1 You may:
(a) View pages from smedia.ca in a web browser;
(b) Download pages from smedia.ca for caching in a web browser;
(c) Print pages from smedia.ca;
(d) Stream audio and video files from smedia.ca; and
(e) Use smedia.ca services by means of a web browser,
Subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from smedia.ca or save any such material to your computer.
3.3 You may only use smedia.ca for your own personal and business purposes, and you must not use smedia.ca for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on smedia.ca.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from smedia.ca (including republication on another website);
(b) Sell, rent or sub-license material from smedia.ca;
(c) Show any material from smedia.ca in public;
(d) Exploit material from smedia.ca for a commercial purpose; or
(e) Redistribute material from smedia.ca.
3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 sMedia reserve the right to restrict access to areas of smedia.ca, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on smedia.ca.
4. Acceptable use
4.1 You must not:
(a) Use smedia.ca in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use smedia.ca in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use smedia.ca to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to smedia.ca without our express written consent;
(e) Access or otherwise interact with smedia.ca using any robot, spider or other automated means;
(f) Violate the directives set out in the robots.txt file for smedia.ca; or
(g) Use data collected from smedia.ca for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from smedia.ca to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through smedia.ca, or in relation to smedia.ca, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an individual account on smedia.ca under this Section 6, you must be at least 13 years of age.
5.2 You may register for an account with smedia.ca by completing and submitting the account registration form on smedia.ca, and clicking on the verification link in the email that the website will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.4 You must not use any other persons account to access the website, unless you have that persons express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with smedia.ca, sMedia will provide you with / you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on smedia.ca arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 sMedia may:
(a) Suspend your account;
(b) Cancel your account; and/or
(c) Edit your account details,
At any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on smedia.ca by contacting us via the help page or settings page within your account dashboard or emailing to firstname.lastname@example.org
8.2 User may choose to upgrade to a more-expensive or downgrade to a less expensive subscription level at any time during the term of this Agreement.
8.3 If this Agreement is terminated by either party for any reason other than Users breach, the users account will remain active until the end of the current billing cycle. sMedia will then stop charging the user and the account will be terminated within 5 days from the end of the billing cycle.
8.4 User shall bear and be responsible for any applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon sMedias net income.
8.5 Due to the nature of the free trial all payments made are non-refundable.
9. Your content: licence
9.1 In these terms and conditions, your content means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or smedia.ca for storage or publication on, processing by, or transmission via, smedia.ca.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on smedia.ca.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if sMedia reasonably suspect that you have breached these terms and conditions in any way, sMedia may delete, unpublished or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any persons legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(I) am blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence, in an explicit, graphic or gratuitous manner;
(m) Be pornographic, lewd, suggestive or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) Constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties
11.1 sMedia does not warrant or represent:
(a) The completeness or accuracy of the information published on smedia.ca;
(b) That the material on the website is up to date; or
(c) That the website or any service on the website will remain available.
11.2 sMedia reserve the right to discontinue or alter any or all of smedia.ca services, and to stop publishing smedia.ca, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if sMedia stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 11.1, sMedia excludes all representations and warranties relating to the subject matter of these terms and conditions, smedia.ca and the use of smedia.ca.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) Are subject to Section 11.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 To the extent that smedia.ca and the information and services on smedia.ca are provided free of charge, sMedia will not be liable for any loss or damage of any nature.
12.4 sMedia will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 sMedia will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings,business, contracts, commercial opportunities or goodwill.
12.6 sMedia will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 sMedia will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that sMedia have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that sMedia are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if sMedia reasonably suspect that you have breached these terms and conditions in any way, sMedia may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to smedia.ca;
(c) Permanently prohibit you from accessing smedia.ca;
(d) Block computers using your IP address from accessing smedia.ca;
(e) Contact any or all your internet service providers and request that they block your access to smedia.ca;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on smedia.ca.
13.2 Where sMedia suspend or prohibit or block your access to smedia.ca or a part of smedia.ca, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 sMedia may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of smedia.ca from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / sMedia will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of smedia.ca from the date that sMedia give you such notice; if you do not agree to the revised terms and conditions, you must stop using smedia.ca.
14.3 If you have given your express agreement to these terms and conditions, The sMedia will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as sMedia may specify, sMedia will disable or delete your account on the website, and you must stop using the website.
15.1 You hereby agree that sMedia may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties rights under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with Florida law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Florida, USA.
20. Our details
20.1 This website is owned and operated by Smedia.ca.
20.2 sMedia is registered inSaskatchewan, Canada and our registered office is at sMedia LLC
20.3 Our principal place of business is atsMedia LLC
20.4 You can contact us by writing to the business address given above, by using smedia.ca contact form, by email to email@example.com.