LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE
Welcome to Community News Link (also hereinafter referred to as "We", "Us" or"communitynewslink.com"). Subject to the following Terms and Conditions of Use (the"Terms of Use"), we provide you with access to services including, but not limited to, theWebsite at http://www.communitynewslink.com, and access to all links and servicesfrom communitynewslink.com (together defined as the "Service"). By using the Serviceyou agree to the Terms of Use listed herein, which may be updated from time to time. Ifyou do not agree to these Terms of Use you should immediately discontinue your use ofcommunitynewslink.com. You agree to periodically review the most current version ofthese Terms of Use and your continued use of the Service shall be deemed yourconclusive acceptance of the updated Terms of Use. You understand that all information,content and software or other materials ("Content"), may be used solely under theseTerms of Use.
You shall be responsible for obtaining and maintaining all telecommunications, computerhardware and software and other equipment needed for access to and use ofcommunitynewslink.com and all charges related thereto.
The Content on communitynewslink.com is to be used only in accordance with the usesgranted to you as set out in our Copyright Notice, see below. Notwithstanding theforegoing, to the extent communitynewslink.com provides electronic commerce, suchbuying opportunities may be made available for group as well as personal purchasing, solong as you are authorized to make purchases on behalf of such group. You may notdecompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or createderivative works from communitynewslink.com or the Content. Nor may you use anynetwork monitoring or discovery software to determine the site architecture, or extractinformation about usage, individual identities or users. You may not use any robot,spider, other automatic software or device, or manual process to monitor or copycommunitynewslink.com or the Content without Community News Link's prior writtenpermission. You may not copy, modify, reproduce, republish, distribute, display, ortransmit for commercial, non-profit or public purposes all or any portion ofcommunitynewslink.com, except to the extent permitted above. You may not use orotherwise export or re-export communitynewslink.com or any portion thereof, theContent or any software available on or through communitynewslink.com in violation ofthe export control laws and regulations of Canada. Any unauthorized use ofcommunitynewslink.com or its Content is prohibited.
You acknowledge and agree that we have no obligation to monitorcommunitynewslink.com or the Service. However, you agree that we have the right tomonitor the Service and communitynewslink.com from time to time and may preserveContent and may also disclose Content if required to do so by law or in the good faithbelieve that such preservation or disclosure is reasonably necessary to: (a) comply withlegal process; (b) enforce these Terms of Service; (c) respond to claims that any Contentviolate the rights of third-parties; or (d) protect the rights, property, or personal safety ofcommunitynewslink.com, its users and the public.
We and our designees shall have the right to remove any Content that violates the Termsof Service or is otherwise objectionable.
You agree to indemnify, defend and hold harmless Community News Link, its officers,directors, employees, agents, licensors, suppliers and any third party informationproviders to communitynewslink.com from and against all losses, expenses, damages andcosts, including reasonable legal fees, resulting from any violation of these Terms of Useby you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercialpurposes, any portion of the Service, use of the Service, or access to the Service, exceptas otherwise provided in any applicable agreements entered into between you andCommunity News Link.
You acknowledge that we may establish general practices and limits concerning use ofthe Service. You agree that we have no responsibility or liability for the deletion orfailure to store any communications or other Content maintained or transmitted by theService. You acknowledge that we reserve the right to change these general practices andlimits at any time, in our sole and absolute discretion, with or without notice.
We reserve the right at any time and from time to time to modify or discontinue,temporarily or permanently, the Service (or any part thereof) with or without notice. Youagree that we shall not be liable to you or to any third party for any modification,suspension or discontinuance of the Service.
9. TERMINATION
You agree that we, in our sole and absolute discretion, may terminate your use of theService, and remove and discard any Content within the Service, for any reason. Thismay also include an honestly held belief by us that you have violated or actedinconsistently with the letter or spirit of the Terms of Use. We may also in our sole andabsolute discretion and at any time discontinue providing the Service, or any part thereof,with or without notice. You acknowledge and agree that any termination of your accessto the Service may be affected without prior notice. Further, you agree that we shall notbe liable to you or any third party for any termination of your access to the Service.
10. COMMUNITY NEWS LINK'S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that, except as expressly provided in these Terms of Use,nothing contained herein shall be construed as conferring any license or right, byimplication, estoppel or otherwise, under copyright or other intellectual property rights.You agree that the Content and communitynewslink.com are protected by copyrights,trademarks, service marks, patents or other proprietary rights and laws. For furtherinformation see our Copyright Notice, see below.
You are hereby advised that we, our parent and/or our respective affiliates, co-branders,partners and related companies will aggressively enforce our intellectual property rightsto the fullest extent permitted by law.
11. GRANT OF LIMITED LICENCE
As a user of communitynewslink.com, you are granted a non-exclusive, non-transferable,revocable, limited license to access and use communitynewslink.com and the content inaccordance with these Terms of Use, the Copyright Notice, or the applicable SubscriptionAgreement (as defined in Section 18 below), Community News Link may terminate thislicense at any time for any reason. Your license allows you to distribute the content inaccordance with these terms of use to up to five (5) individuals within your workgroup.Any further distribution is not allowed under the terms of this agreement.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOTLIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OROTHER INTANGIBLE LOSSES (EVEN IF COMMUNITYNEWSLINK.COM HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COSTOF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OROBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO ORALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS ORCONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHERMATTER RELATING TO THE SERVICE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, COMMUNITY NEWS LINK'S SOLEOBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO COMMUNITY NEWS LINK FOR ANY SERVICES OR PRODUCTS PURCHASED BY YOU FROM COMMUNITY NEWS LINK IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THEDAMAGES CLAIMED.
14. THIRD PARTY CONTENT
Third party content is available on communitynewslink.com and accessible via links fromcommunitynewslink.com. We shall not be responsible for and assume no liability for anyinfringement, mistakes, misstatements of law, defamation, slander, libel, omissions,falsehood, obscenity, pornography or profanity in the statements, opinions,representations or any other form of content contained in any third party contentappearing on communitynewslink.com. You understand that the information andopinions in the third party content is neither endorsed by nor does it reflect the belief ofcommunitynewslink.com, its parent, affiliates, directors, officers or employees.
In many instances, the Content available through communitynewslink.com represents theopinions and judgments of the respective information provider, or other person not undercontract with us. We neither endorse nor are responsible for the accuracy or reliability ofany opinion, advice or statement made on communitynewslink.com by anyone other thanone of our authorized employee spokespersons while acting in his/her official capacity.Under no circumstances will we be liable for any loss or damage caused by your relianceon information obtained through communitynewslink.com. It is your responsibility toevaluate the accuracy, completeness or usefulness of any information, opinion, advice orother content available through communitynewslink.com. Please seek the advice ofprofessionals, as appropriate, regarding the evaluation of any specific information,opinion, advice or other content.
15. NO ENDORSEMENT
Community News Link may contain links to other sites. These links are provided asreferences to help you identify and locate other Internet resources that may be of interest.These other sites were independently developed by parties other than us, and we do notassume responsibility for the accuracy or appropriateness of the information contained atsuch sites. In providing links to other sites, we are in no way acting as a publisher ordisseminator of the material contained on those other sites and do not seek to control the content of, or maintain any type of editorial control over, such sites.
Unless otherwise specified, a link to another site should not be construed to mean we areaffiliated or associated with, or legally authorized to use any trademark, trade name, logoor copyrighted symbol that may be reflected in the link or the description of the link tosuch other sites.
The mention of another party or its product or service on communitynewslink.com
should not be construed as an endorsement of that party or it product or service.
16. PERSONALLY IDENTIFYING INFORMATION
Certain sections of communitynewslink.com require you to provide to Community NewsLink personally identifying information ("Personal Information"). If PersonalInformation is requested, you agree to provide us with accurate and complete PersonalInformation, as may be requested. It is your responsibility to inform us of any changes toyour Personal Information. You will be issued a password and User ID to access theapplicable Service. If the password is lost or stolen, you must notify Community NewsLink in writing ("Notice"). Upon receipt of the Notice, Community News Link will, assoon as is reasonably possible under the circumstances, cancel the lost or stolenpassword. We do not permit: (a) anyone other than you to use the sections requiringregistration by using your name or password; or (b) access through a single name beingmade available to multiple users on a network or otherwise, unless provided for inaccordance with the terms of the applicable Subscriber Agreement with CommunityNews Link. You are responsible for preventing such unauthorized use. If you believethere has been unauthorized use, you must notify us immediately by e-mailingdomainadmin@bcnewsgroup.com.
18. ADDITIONAL TERMS FOR COMMUNITY NEWS LINK SERVICES
Your use of communitynewslink.com may also be governed by the subscriptionagreements governing the use of the annual subscription, limited monthly subscriptionpackage, or a custom package designed to meet your specific requirements, all of whichare incorporated by reference herein. Your completion of the Subscriber Agreement andregistration constitutes your acceptance of the Subscriber Agreement terms. If you do notagree to the terms of the applicable Subscriber Agreement or any other supplementalterms as may be provided from time to time in the Terms of Use listed herein you are notpermitted access to the services offered by Community News Link.
19. LINKING TO COMMUNITY NEWS LINK
You may provide links only to the homepage of communitynewslink.com, provided (a)you do not remove or obscure, by framing or otherwise, any portion of the homepage,including any third party logos or banners, the Terms of Use, the Copyright Notice, orother notices on communitynewslink.com; (b) you give us notice of such link by sendingan e-mail to domainadmin@bcnewsgroup.com and, (c) you discontinue providing linksto communitynewslink.com if requested by us. If you wish to provide links to a sectionwithin communitynewslink.com, you should forward your request to us atdomainadmin@bcnewsgroup.com and we will notify you if permission is granted, and ifso the terms and conditions of the permission.
20. UNLAWFUL ACTIVITY
Community News Link reserves the right to investigate complaints or reported violationsof our Terms of Use and to take any action we deem appropriate including but not limitedto reporting any suspected unlawful activity to law enforcement officials, regulators, orother third parties and disclosing any information necessary or appropriate to suchpersons or entities relating to user profiles, e-mail addresses, usage history, postedmaterials, IP addresses and traffic information.
21. REMEDIES FOR VIOLATIONS
Community News Link reserves the right to seek all remedies available at law and inequity for violations of these Terms of Use, including but not limited to the right to blockaccess from a particular Internet address, User ID or password tocommunitynewslink.com and any other affiliated Websites.
22. GENERAL
Community News Link and the Service originate in Canada.
Any disputes arising in relation to the Service (including, without limitation, the Terms ofService) shall be governed by and construed in accordance with the laws of the Provinceof British Columbia, Canada, excluding its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts of the Province of BritishColumbia, Canada.
If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to becontrary to law, then such provision(s) shall be construed, as nearly as possible, to reflectthe intentions of the parties with the other provisions remaining in full force and effect.
Failure by us to exercise or enforce any right or provision of the Terms of Use shall notconstitute a waiver of such right or provision unless acknowledged and agreed to by us inwriting.
You agree that any cause of action arising out of or related to your use of the Servicemust commence within one (1) year after the cause of action arose.
The section titles in the Terms of Use are solely used for the convenience of the partiesand have no legal or contractual significance.
The Terms of Use and any rules, policies, agreements, or guidelines posted oncommunitynewslink.com by us and the terms of any Subscription Agreement entered intoby you, if any, constitute the entire agreement between you and Community News Linkwith respect to the subject matter hereof.
You agree to report any violations of these Terms of Use as soon as you become aware ofsuch violations to us at domainadmin@bcnewsgroup.com.
LICENSE AGREEMENT: COPYRIGHT NOTICE & PERMISSION RULES
(the "Copyright Notice")
Materials available on communitynewslink.com are protected by copyright law.Copyright © to 2003 Black Press Group Ltd. (Black Press Ltd., Black CommunityNewspaper Group, BCNG) All rights reserved.
Black Press Group Ltd. hereby grants users of communitynewslink.com permission toreproduce materials available on communitynewslink.com in accordance with the termsof the applicable agreement for CNL services, which allows a user to read and redistribute a limited number of copies of content within an organization, as furtherdescribed below.
You hereby agree to ensure that the following statement is included in all reproductionsof this material:
The layout, design, files, images and all other contents of communitynewslink.com arethe property of Black Press Group Ltd. All information found oncommunitynewslink.com is protected under the copyright laws of Canada and othercountries. Except for the uses specified in this Copyright Notice or the applicableagreement governing your use of the CNL Services, no part of the materials includinggraphics or logos, available on communitynewslink.com may be copied, photocopied,reproduced, translated or reduced to any electronic medium or machine-readable form, inwhole or in part, (including electronic reproduction by "uploading" or "downloading" oraccessing onto the Internet or any other local or international computer system) withoutprior written consent of Black Press Group Ltd. Any other reproduction in any formwithout the permission of Black Press Group Ltd. is prohibited. Distribution forcommercial purposes is prohibited. Any infringement of the rights of Black Press GroupLtd. may result in appropriate legal action.
The materials contained within communitynewslink.com's databases belong to therespective owners of such materials, and are also protected by national and internationalintellectual property laws, conventions and treaties.
Reproduction rights associated with CNL Services
A document purchased by you through the CNL Service remains the property of itscopyright owner. You are entitled to (i) receive information from Community NewsLink; (ii) store information received on one or more computers controlled and operatedby the User; and, (iii) manage, analyze, internally distribute and display the informationto the number of users (the "Group") within User's organization specified in theapplicable Full Subscription Service Agreement, (5 users unless otherwise agreed in yourService Agreement), using User's own proprietary user interface, or one licensed fromBlack Press Group Ltd. or its authorized distributor, or a commercially-available Webbrowser. You may not sell, copy, distribute, or modify the purchased copy, or engage inany other acts inconsistent with the principles of copyright protection under theCopyright Act (Canada) or any applicable international copyright legislation.
If you require further information on a permitted use or license to reproduce, reprint orrepublish any material, address your enquiry to
David Blair Black Press Group Ltd.34375 Cyril StreetAbbotsford, BCV2S 2H5 Canada Fax: 604-857-9055 Phone: 604-309-1489 E-mail: dave@bcnewsgroup.com
Community News Link(TM) is a trademark of Black Press Group Ltd. All othertrademarks are the property of their respective owners.