Last revised September 17th, 2009
. The Aboriginal Peoples Television Network ("APTN") owns, operates or contracts with third parties to provide the bulletin boards, forum, online store and other services located on www.aptn.ca
(collectively, the "Site"). In consideration for your right to access and use the Site, you agree as follows:
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
1. Acceptance of Terms
By accessing and continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, then you must not access or use the Site.
2. Modifications and Notices
APTN may revise this Agreement, at any time, by updating this posting. APTN may give notice to our users of such changes to this Agreement by means of a general notice on the Site. Continued use of the Site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
All materials owned by APTN, displayed or otherwise accessible on the Site, including without limitation, news articles, text, photographs, images, illustrations, graphics, icons, multimedia clips, code (collectively, "Materials") and the selection and arrangement of the contents of the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. APTN either owns the intellectual property rights, including copyright, or has acquired the necessary rights and/or licences, in the Materials contained in the Site. Portions of the Materials may have been licenced to APTN and/or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site or Materials, whether in whole or in part, without the express written permission of APTN is strictly prohibited.
4. Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a limited licence to access, view and use the Site, including a limited licence to download, print and store single copies of Materials from the Site, provided your use of the Materials is consistent with the principles of fair dealing and for your personal, private study and non-commercial use, further provided that you maintain all copyright and other notices contained in such items. Such Materials must not be reproduced, modified, republished, transmitted, transferred, sold, distributed, performed, displayed, expanded, publicly exhibited, recorded or disseminated in any manner or form without the prior written consent of APTN.
Minors in the country, province or state in which they live, can only use the Site with the approval of a parent or guardian.
You are welcome to post, transmit or submit messages, opinions or other content, including, but not limited to text, photographs, images, illustrations, graphics or multimedia clips, (collectively "Messages") to our polls, Contact Us page or APTN Forums, feedback page or forum, to interact with APTN and other users within, or in connection with, the Site (collectively, the "Forums"). APTN accepts no responsibility whatsoever in connection with, or arising from, such Messages. APTN does not endorse, and has no control over, the content of Messages submitted by users to the Forums. Messages submitted to the Forums are not necessarily reviewed by APTN prior to posting and do not necessarily reflect the opinions or policies of APTN.
APTN makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, APTN reserves the right to prevent you from submitting Messages to Forums and to edit, restrict or remove such Messages for any reason at any time. APTN assumes no responsibility for actively monitoring the Forums for inappropriate Messages. If at any time APTN chooses, in its sole discretion, to monitor the Forums, APTN nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to the Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that APTN accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the Site to access, view, store or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
While using the Site, you will comply with all applicable laws, rules, and regulations. In addition, APTN expects the users of the Site to respect the rights and dignity of others, and use of the Site is based on the following rules of conduct. You will not:
- post, transmit, or otherwise make available any Messages that are or may be
- threatening, harassing, degrading, hateful, or intimidating;
- fraudulent or tortious;
- obscene, indecent, pornographic, or otherwise objectionable;
- an infringement of another person's privacy by disclosing the personal information of another individual, including without limitation, an individual's address, phone number, email address or credit card number or
- protected by copyright, trademark, trade secret, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right;
- post, transmit, or otherwise make available any Messages that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, music, photographs, texts, videos or artwork;
- use the Site in a manner which will violate or solicit the violation of any applicable local, provincial, national or international law;
- use the Site to post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking;
- post, transmit, or otherwise make available any Messages that would violate another person's privacy or other rights or collect information about users of the Site;
- impersonate any person or entity, including, but not limited to, any APTN representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
- post, transmit, or otherwise make available any virus, worm, trojan horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, server or telecommunications equipment;
- interfere with or disrupt the Site; or
- post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
You agree that any Messages whatsoever submitted by you becomes the property of APTN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as APTN sees fit.
Any person who, in APTN's sole opinion, violates the rules of conduct provided above shall be barred from submitting or posting any further Messages on the Site.
7. Username and Password
You may be required, when you use certain features of the Site, to create a username and password. If we determine that the user name you have chosen is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen user name. In addition, you are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your username, whether or not you authorize such uses. You agree to notify APTN of any unauthorized use of your username and password. APTN is not liable for any loss or damage as a result of your failure to protect your password
8. User Disputes
You are solely responsible for your interactions with other users of the Site, specifically on the Forums. APTN reserves the right, but has no obligation, to monitor disputes between you and other users of the Site.
, please do not access or use the Site or provide personally identifiable information through the Site.
This Site includes links to other Internet sites solely as a convenience to users. APTN does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, APTN makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk and will always be subject to the respective terms of service in effect in respect of each such linked site.
You shall not link to the Site or to any page or file on the Site, and you shall not attempt to pass off any Materials, the Site or any such page or file as your own work. To request permission to link to the Site, or to any page or file on the Site, please contact email@example.com.
APTN reserves the right to cancel and revoke any permission it may give to link to the Site, or to any page or file on the Site, at any time, for any reason, without any notice, and without any liability to you or any other person.
12. Online Commerce
This Site may allow you to purchase many types of products and services online that are provided by APTN ("Products and Services"). When ordering Products and Services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. APTN will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, APTN or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
13. Products Availability, Orders, Pricing, Misprints and Errors
APTN makes reasonable efforts to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, APTN reserves the right to change the prices, fees and charges regarding the Products and Services available through the Site at any time, and from time to time, without any notice or liability to you or any other person. Also, APTN cannot guarantee that the Products and Services advertised on the Site will be available when ordered or thereafter. APTN also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order Products or Services for which the price was incorrectly displayed, APTN will provide you with an opportunity to place an order at the correct price. If you order Products or Services that are not available, APTN will notify you by email. APTN reserves the right to limit quantities licensed or sold.
The advertisements on the Site are invitations for purchase orders and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when APTN sends both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes APTN's acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to firstname.lastname@example.org. However, APTN may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
14. Product Agreements
All transactions through the Site, including the purchase and sale of Products and Services, are governed by this Agreement and any applicable terms pertaining to the transaction, including, without limitation, our return policy and our shipping policy (the "Product or Services Agreement"). By using the Site or by participating in a transaction through the Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Product or Services Agreement.
At its sole discretion, APTN may make bingo, games or other contests (collectively, "Contests") available to users of the Site and others. All Contests are governed by this Agreement and the applicable rules posted on the Site governing a user's participation in each of the respective Contests (hereinafter referred to as "Contest Rules"). By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
If you register for APTN’s free online membership portal, myAPTN, you agree that your access and use of the services provided by myAPTN will be governed by this Agreement and the applicable terms and conditions posted on the Site governing a user’s registration with myAPTN.
17. No Warranty
Access to the Site and the Materials provided on the Site are provided "as is" and without warranties of any kind either express or implied. By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk. APTN makes no representation or warranties regarding the Site, Materials and Messages, including, without limitation, that the Materials or Messages provided will be accurate, complete, correct, timely or suitable, that any Products and Services contained on or made available through the Site are of merchantable quality or fit for a particular purpose, that the Site will be available at all times or that the Site will be free from errors, viruses or other harmful components. APTN is not responsible for any Materials, Messages or other information on the Site or any linked site that you may find offensive, undesirable or objectionable. Further, APTN specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. To the fullest extent permissible pursuant to applicable law, APTN disclaims all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
18. Limitation Of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL APTN, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT APTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold APTN, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Messages you submit, post to or transmit through the Site, your use of the Site and Materials, including, without limitation, the purchase and use of any Products or Services you may purchase from, through or in connection with the Site, your connection to the Site, your downloading and use of Materials, your violation of the law, this Agreement or the rights of another.
Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names of APTN or others. The display of such marks on the Site does not imply that you have been granted a licence by APTN or other entities with respect to them.
21. International Matters
Unless otherwise specified, the Materials in the Site are presented solely for the purpose of promoting programs, films, and other products available in Canada and its territories. We make no representation that the Site, its Materials or Messages on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you breach any provision of this Agreement, you may no longer use the Site. APTN may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, all without any notice or liability to you or any other person. The provisions of Sections 7, 13, 14, 15, 16, 17, 18 and 19 of this Agreement shall survive any termination of this Agreement.
The failure of APTN to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be transferred or assigned by you but may be assigned by APTN without restriction.