Conditions of Use
By using TheIndependent.ca you acknowledge that you have read and understood these conditions of use and you agree to abide by them as well as any future modifications which may be made to them. These conditions of use represent an agreement between you and TheIndependent.ca. These conditions of use may be subject to change any time. Any such change will be posted on this page. Major changes in our current conditions of use shall be posted at least 30 days prior to their coming into force. If you do not agree to be bound by these conditions of use, you should not use TheIndependent.ca.
TheIndependent.ca may modify, cancel or terminate any item contained on its site, at any time, including the availability of any function, database or content. TheIndependent.ca may also impose limits on certain items or restrict the access to certain sections of its site without prior notice and without incurring its liability. All the items contained on TheIndependent.ca are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained on TheIndependent.ca for commercial or advertising purposes without the written consent of TheIndependent.ca.
You acknowledge and agree that these conditions of use are governed by laws applicable in the Province of Newfoundland & Labrador and that any litigation ensuing from, or related to, the use of TheIndependent.ca and services will be subject to the jurisdiction of the Courts of Newfoundland & Labrador.
All the items on TheIndependent.ca (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to TheIndependent.ca or third parties acting as content providers. Except for certain clearly stated exceptions, no items on TheIndependent.ca must be interpreted as giving you any right whatsoever with regard to the intellectual property of TheIndependent.ca or of a third party acting as a content provider.
The trademarks and logos used on TheIndependent.ca are trademarks and logos registered or not by TheIndependent.ca or third parties. Nothing on TheIndependent.ca may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. It is prohibited to reproduce the trademarks and logos displayed on TheIndependent.ca for commercial or advertising purposes or to increase the number of visitors to your site.
You may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on TheIndependent.ca (including any software), in whole or in part.
You can download or copy only for your personal use for non-commercial purposes items from TheIndependent.ca’s provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of TheIndependent.ca or the holder of the copyrights identified in the notice of intellectual property.
Submitted / Uploaded Content
By submitting or uploading content to TheIndependent.ca, you declare that you have all the necessary rights to the material to do so. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to TheIndependent.ca. However, you acknowledge and agree that by submitting any materials or works to TheIndependent.ca, you grant it an irrevocable non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute, translate, develop ancillary products, adapt, communicate, perform in public, archive or index, and give sub-licences to such materials or works, or otherwise do any other act that is subject to copyright protection under the Canadian Copyright Act. To this effect, you waive any moral right you may assert related to the integrity of your work. The rights granted in this section are applicable to all media, including without limitation all print media and digital or electronic media now known or hereafter created
TheIndependent.ca does not make any declaration concerning the control over its available material. TheIndependent.ca is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the conditions of use of any materials provided by its users.
You may not submit or upload any virus, bug, malware or any other harmful computer code, program or file.
TheIndependent.ca contains hyperlinks to Internet sites managed by third parties. TheIndependent.ca has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and TheIndependent.ca cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on TheIndependent.ca should not in any way be interpreted as an endorsement by TheIndependent.ca and does not incur its liability in any way. TheIndependent.ca cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
You acknowledge and agree that you are personally liable for the content of your messages, articles or other content submitted on TheIndependent.ca and for the consequences thereof. Appropriate language must be used at all times. Objectionable or offensive language will not be tolerated. In addition, no one may store, use or submit defamatory, libellous, obscene, tortious, pornographic, sexist, racist, homophobic, inappropriate, unreasonable, violent, religiously-charged, abusive or illegal content, or content in violation of third-party rights. TheIndependent.ca encourages discussion and debate, however personal attacks are a breach of these conditions of use. You may not make threats or incite anyone else to violence or hatred.
No one should use blogs, chat rooms, bulletin boards or other user-content platforms to promote or offer for sale any good or service for a commercial purpose, or conduct or send any pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. It is prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming. Any acts which may infringe other peoples’ rights or their enjoyment of the blogs, chat rooms or bulletin boards are also prohibited.
TheIndependent.ca reserves the right, at its sole discretion, not to publish, to filter, to edit or to withdraw any materials transmitted by a user on any of its Internet sites, for any reason (or for no reason) whatsoever. In addition, this remains an option and not an obligation.
Limitation of Liability
TheIndependent.ca is offered on an “as is” basis and at no charge, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items.
You hereby acknowledge and agree that you use TheIndependent.ca at your own risk.
TheIndependent.ca makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet sites by any user, content provider or other person.
TheIndependent.ca disclaims all liability related to any error which may be found on its site. Thus, TheIndependent.ca and any third party providing content on TheIndependent.ca, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of TheIndependent.ca, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
You hereby indemnify, defend and hold TheIndependent.ca, its directors, employees, representatives and content providers (collectively referred to as ” TheIndependent.ca “) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by TheIndependent.ca related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. TheIndependent.ca reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
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