Terms of Service

UNPUBLISHED.CA TERMS OF SERVICE AGREEMENT

THE FOLLOWING OUTLINES THE TERMS ON WHICH YOU ARE OFFERED ACCESS TO THE UNPUBLISHED.CA WEBSITE.

The Unpublished.ca website (sometimes referred to herein as ‘Unpublished’ or 'the Website' is owned by Unpublished Media Inc., (sometimes referred to herein as ‘Unpublished Media’, ‘UM’ or ’The Company’). This website is provided to you subject to the terms of services set forth in this Terms of Service Agreement.  By registering with Unpublished.ca and becoming a member, you enter into a contract with Unpublished Media Inc. whereby you agree with the terms and conditions set out herein.

REGISTRATION

The Unpublished.ca website is available to individuals who complete their registration process and are at least 16 years of age.  When you complete the registration process you will create a password that will enable you to access our website. By registering, you agree to maintain the confidentiality of your password and are fully responsible for liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.  You agree to immediately notify Unpublished Media Inc. of any unauthorized use of your password or any other breach of security.  You agree that Unpublished Media Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.  Unpublished Media Inc. has the right, in its sole discretion, to suspend or terminate your use of its website and refuse any and all current or future use of all or any portion of its website.  You agree that you will provide Unpublished Media Inc. with your valid, current email address and accurate contact information at the time of registration, and when your email address changes.

RESTRICTIONS

In consideration of your use of Unpublished Media Inc.’s website you agree that your submissions:

(a)  shall not be fraudulent;

(b)  shall not infringe any third party’s copyright, patent, trademark, or any proprietary rights or rights of publicity or privacy;

(c)  shall not violate any law, statute, ordinance or regulation;

(d)  shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;           

(e)  shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person or persons;

(f)  shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(g)  shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

(h)  shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

LICENSE

Unpublished Media Inc. does not claim ownership or copyright in your submissions and publications. You are solely responsible for your submissions, letter or letters and you agree that your submissions, letter or letters will comply with all the terms and conditions of this Agreement.  However, to enable Unpublished Media Inc. to use your submissions and publications on our site, to ensure Unpublished Media Inc. does not violate any rights you may have in your submissions and publications, you grant Unpublished Media Inc. exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) rights to exercise, commercialize and exploit the copyright you have in your submissions and publications in any media now known or not currently known.

WARRANTIES:  LIABILITY

Your use of Unpublished Media Inc’s website and social media properties is at your sole risk. Unpublished Media Inc.’s website is provided to you “as is” and on an “as available” basis.  Unpublished Media Inc. specifically disclaims all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Unpublished Media Inc. disclaims any warranties regarding the security, reliability, timeliness and performance of Unpublished Media Inc.’s website and social media properties.  Unpublished Media Inc. disclaims any warranties for any information or advice received through Unpublished Media Inc.’s website and social media properties.  Unpublished Media Inc. disclaims any warranties for services or goods received through or advertised on Unpublished Media Inc.’s website and social media properties, or received through any links provided by Unpublished Media Inc.’s website and social media properties, as well as for any information or advice received through any links provided by Unpublished Media Inc.’s website. No advice or information (oral or written) obtained by you shall create any warranty.

TERMINATION:  BREACH

You agree that Unpublished Media Inc., in its sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, and remove content or information posted on Unpublished Media Inc.’s website and terminate your status as a member of “Unpublished.ca”.

INDEMNIFICATION

You agree, as a term of your membership, to defend, indemnify and hold harmless “Unpublished Media Inc.” and each of its respective officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or relating to (a)  your breach of any of these terms and conditions of your use of “Unpublished Media Inc.’s” website and its social media properties; (b)  your access to or use of the “Unpublished.ca” website and its social media properties; and (c) your use or reliance on or publication, communication or distribution of anything on “Unpublished.ca” and UM’s social media properties.  You will use your best efforts to cooperate with “Unpublished Media Inc.” in the defense of any claims.  “Unpublished Media Inc.” reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LINKING

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Unpublished Media Inc. of the contents of such third-party websites. Unpublished Media Inc. is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While Unpublished Ottawa encourages links to the media properties, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Unpublished Media Inc. or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Unpublished Media Inc. reserves the right to prohibit or refuse to accept any link to Unpublished.ca or UM’s social media properties, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Unpublished Media Inc.

SECURITY

Please note that information sent or received over the Internet is generally unsecure and Unpublished Media Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

GENERAL

Any consent by Unpublished Media Inc. to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Unpublished Media Inc. that expressly reference this Agreement, this is the entire agreement between you and Unpublished Media Inc. relating to the matters contained herein.

LIMITATION OF LIABILITY

Subject to applicable law, in no event shall Unpublished Media Inc., its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if Unpublished Media Inc. knew of or ought to have known of the possibility of such damages.

In no event shall Unpublished Media Inc., its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (c$100) even if Unpublished Media Inc. has been advised or ought to have known of the possibility of such damages.

In no event shall Unpublished Media Inc., its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of Unpublished Media Inc. or your failure to protect your password or account information.

Unpublished Media Inc. expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the website (collectively, third-party user). Under no circumstances shall Unpublished Media Inc. and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.

If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the website, you do so entirely at your own risk.

You hereby release Unpublished Media Inc. and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through the website.

SOFTWARE LICENSES AND OWNERSHIP

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Unpublished Media Inc., its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in Unpublished.ca or UM’s social media properties shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website and social media properties, or made available for download including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

ONLINE COMMERCE

The Website may allow you to purchase many different types of products and services online that are provided by Unpublished Media Inc. (the Wares and Services). When ordering Wares and Services on the Website, 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.

Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. Unpublished Media Inc., in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Unpublished Media Inc., in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.

You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. Unpublished Media Inc., in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, Unpublished Media Inc., in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.

The Website may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). Unpublished Media Inc. is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Website or linked from the Website, the information obtained during your visit to any third-party website and the information that you give, such as your credit card number and contact information, is collected by the third-party website and not by Unpublished Media Inc.

You release Unpublished Media Inc. and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Website or its social media properties, or by third-party websites through the Website and its social media properties.

REGISTRATION

To use certain features of the Website, you will be asked to register or to become a member of the Website. By Registering or becoming a member you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Unpublished Media Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Unpublished Media Inc. has the right to suspend or terminate your access to and use of the Website (or any portion thereof). Unpublished Media Inc.’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Unpublished Media Inc.’s Privacy Policy.

TERMINATION

Unpublished Media Inc. may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use of Unpublished.ca and its social media properties (or any portion thereof). Unpublished Media Inc. may also terminate your right to access and use the Website, or any part of the Website, or its social media properties, if you breach any term or condition of this Agreement.

NO ADVICE

The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

SUBMISSIONS

The Website may provide features that allow you to post letters and content, to interact with Unpublished Media Inc. and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Website and its social media properties, which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Website or its social media properties, interfere or attempt to interfere with the proper workings of these sites or do anything which in the sole discretion of Unpublished Media Inc. imposes an unreasonable or disproportionately large load on the Unpublished Media Inc. website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission or publication constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading Submissions to the Website, or commenting on the Website or its social media properties, you grant Unpublished Media Inc. a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favor of Unpublished Media Inc.; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Unpublished Media Inc. is not responsible for any loss, damage, or corruption that may occur to your Submissions or publications; and (iv) acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.

Unpublished Media Inc. may review Submissions before they are posted. Unpublished Media Inc. may refuse to post any Submission to the Website. Unpublished Media Inc. reserves the right, in its sole discretion, to remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Unpublished Media Inc. may, in its sole discretion, monitor the Website and its social media properties periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website and its social media properties properly, or to protect itself or other users of the Website and its social media properties. Any such disclosure shall be in accordance with Unpublished Media Inc.’s Privacy Policy.

Unpublished Media Inc. is not responsible for the content of any Submission, Publication or Comment on its media properties. Submissions, Publications and Comments represent the views and opinions of the person(s) posting and do not represent the views or opinions of Unpublished Media Inc.

While Unpublished Media Inc. is under no obligation to investigate any complaint regarding any Submission Publication or Comment, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party's right to access and use the Website (or any portion thereof).

If Unpublished Media Inc. authorizes you in writing to use Content to create new content, including for example and without limitation a "mash-up" for a Unpublished Ottawa contest or promotion ("Derivative Content"), the following shall apply:  (i) You may only copy and use Content that is provided specifically for creation of the Derivative Content (the "Authorized Content"), and may not use any other Content owned by Unpublished Media Inc. or found on the Website or on its social media accounts. You may only copy and use the Authorized Content to create the Derivative Content and may not otherwise use, copy, modify, distribute, transmit, transfer, sell or exploit the Authorized Content. You shall have no right, title or interest in the Authorized Content, and will erase or destroy any Authorized Content in your possession upon submission of the Derivative Content to the Unpublished Media Inc.  (ii) Unless explicitly stated otherwise, the Derivative Content shall be deemed to be a Submission pursuant to this section.  (iii) Upon creation, you shall immediately communicate the Derivative Content to Unpublished Media Inc., and the Derivative Content shall be Unpublished Media Inc.’s sole and absolute property. You irrevocably assign, transfer and abandon all of your right, title and interest in and to the Derivative Content to Unpublished Media Inc. Accordingly, Unpublished Media Inc. has the exclusive right to implement and authorize any provision under any law pertaining to intellectual property, including without limitation, the right to protect in its own name, as owner and author, the Derivative Content and any of its derivatives under law. You agree that you may not use the Derivative Content except as specifically authorized in writing by Unpublished Media Inc.  (iv) Unpublished Media Inc. may terminate at any time your right to access and use any or all Authorized Content and/or, to the extent any right to use has been granted, Derivative Content.

PASSWORDS

To use certain features of the Website, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account. You agree to notify Unpublished Media Inc. immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Unpublished Media Inc. cannot and will not be liable for any loss or damage arising from Unpublished Media Inc.’s failure or your failure to protect your password or account information.

GOVERNING LAW AND JURISDICTION

The Website (excluding linked Websites) and its social media properties is controlled by Unpublished Media Inc. from its offices within the Province of Ontario, Canada. By accessing or using the Website and social media properties, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

CONTENT FEEDS

Unpublished Media Inc. may provide content feeds on or through the Website including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the "Content Feeds"). The Content Feeds are available for personal, non-commercial use. You may display, excerpt from, and link to the Content Feeds on your personal website, social media accounts, or similar application for personal, non-commercial purposes, provided that

1.     the links redirect the user to the Website when the user clicks on them,

2.     you do not insert any intermediate page, splash page or other content between the links and the applicable Website page,

3.     the use or display does not suggest that Unpublished Media Inc. promotes or endorses any third-party causes, ideas, websites, products or services,

4.     the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and

5.     you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal website, weblog or similar application,

1.     you may not redistribute the Content Feed, and

2.     you must provide attribution to Unpublished Media Inc. by including "Unpublished Media Inc." in text adjacent to the Content Feed. Any other use of Unpublished Media Inc.’s trademarks or service marks or of the Content Feeds requires the prior written permission of Unpublished Media Inc.

For permission requests, please contact info@unpublishedmedia.com. You agree to remove any link to the Website and/or access to a Content Feed upon the request of Unpublished Media Inc.

UPDATING/CHANGING TERMS OF SERVICE

Unpublished Media Inc. reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.