Web site Terms and Conditions of Use
Welcome to www.newsfilecorp.com (the "Web site") a Web site operated by Newsfile Corp (“Newsfile”). The Web site provides data and other information including, without limitation, articles, publications, videos, products, graphics, video, sound, images, icons, software, pictures and other materials ("Content") in relation to news dissemination and regulatory filing via the EDGAR, SEDAR, and SEDI systems and Newsfile's services in respect to each ("Services"). The Web site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING THE WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE OR THE SERVICES.
The Web site is open to visitors. However, to access certain areas of the Web site, we require you to create an account with us. Creating an account allows you to access other Services not available to visitors including the transmission of jobs online.
By accessing this Web site or sending electronic mail to Newsfile you are communicating with Newsfile electronically. By doing so, you agree to receive communications from Newsfile electronically. Newsfile will communicate with you by electronic mail at the electronic mail address provided by you or posting notices on this Web site or any other Web site that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that Newsfile provides to you.
New Services and New Terms
Whenever new products or services are introduced on the Web site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless Newsfile notifies you otherwise. Newsfile reserves the right to change the terms and conditions of use at any time. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.
Advice or opinions are not provided
The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Web site.
THIS WEB SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER NEWSFILE OR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEB SITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSFILE AND ITS SUPPLIERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NEWSFILE OR ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE, THE CONTENT AND/OR THE SERVICES, WHETHER OR NOT NEWSFILE OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO NEWSFILE OR IF NEWSFILE COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.
This Web site may contain links to third party Web sites. Newsfile does not endorse the content contained in any third party Web site. Newsfile does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party Web site, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party Web site. Newsfile does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party Web sites. Nor does Newsfile make any representation, warranty or condition, express, implied or statutory that the operation of any third party Web site will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party Web site is not under Newsfile control and if you choose to access any third party Web site, you do so entirely at your own risk.
This Web site may display content as submitted to third party social media sites (“Social Media Content”). We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Social Media Content or endorse any opinions expressed via Social Media Content. You understand that by using the Web site, you may be exposed to Social Media Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Newsfile be liable in any way for any Social Media Content, including, but not limited to, any errors or omissions in any Social Media Content, or any loss or damage of any kind incurred as a result of the use of any Social Media Content posted, emailed, transmitted or otherwise made available via the Web site or broadcast elsewhere.
Content Provided by User
By sending electronic mail, messages, content or information to Newsfile you hereby grant to Newsfile a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of Newsfile all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to Newsfile you represent and warrant that you have the full right and authority to do so and that any use by Newsfile of the electronic mail, message, content or information will not violate the intellectual property rights of any person.
Prohibitions on User Information
You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users’ use of the Website or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use the Website or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.
You agree that your use of the Web site, the Content and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Newsfile and/or its suppliers. You agree, at your own expense, to indemnify and hold Newsfile and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.
Governing Law and Jurisdiction
All matters relating to your access to or use of the Web site or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Web site.
Newsfile may at its sole and absolute discretion cancel or terminate your right to use this Web site or any part of the Web site at any time, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Web site and of the Content.
The failure by Newsfile to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.
Questions and Suggestions
If you have any questions about the Web site's Terms of Service, the practices of Newsfile Corp., or your dealings with this Web site, you can contact us at:
15 Toronto St.
Toronto, ON M5C 2E3
1100 Melville Street
Vancouver, BC V6E 4A6
Last updated November 21, 2013