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This website and its related services are provided to you by Canwest Television Limited Partnership, by its general partner, Canwest Television GP Inc. ( herein referred to as "CTLP" or "we") subject to the following terms and conditions of service. By using this website (the "Foodnetwork.ca Site") or any products, content or other services available on the Foodnetwork.ca Site (each a "Service" and collectively, the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Foodnetwork.ca Site or Service (collectively the "Terms and Conditions"), all as may be modified by CTLP in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, shall be the entire agreement between you and CTLP and any prior communications between you and CTLP (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a Foodnetwork.ca Site or any of the Services.
Certain Services may require that we collect certain registration data from you. In consideration of your use of the Services, you agree to:
Registration Data and certain other personal information about you is subject to our Privacy Statement. For more information, please see our Privacy Statement. You agree that CTLP has the right, but not the obligation, to monitor the Foodnetwork.ca Sites and the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Foodnetwork.ca Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Statement and applicable privacy legislation.
You acknowledge that in the event that a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you for , and your consent to, the collection, use and disclosure of your personal information as described above.
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition), sound, photographs, graphics, images, avatars, video, messages, ideas, recipes, reviews, opinions, suggestions or other materials on a the Foodnetwork.ca Site ("Content"), submitted by a user, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to the Foodnetwork.ca Site or the Services ("Submitter Content") is the sole responsibility of the person from which such Submitter Content originated and any such post, e-mail, transmission, uploading or other submission of such Submitter Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Photo Content and Submitter Content (as defined in Section 5 below), you also acknowledge and agree that you, and not CTLP, are entirely responsible for all Submitter Content that you post, e-mail, transmit, upload or otherwise submit via Foodnetwork.ca Site and/or pursuant to the Services. CTLP does not control the Submitter Content posted via the Foodnetwork.ca Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Foodnetwork.ca Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CTLP be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitter Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitter Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitter Content that:
CTLP and its designees shall have the right to remove any Submitter Content that violates these Terms and Conditions, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that CTLP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You agree that by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitter Content materials to any content generating or submitting Service on the Foodnetwork.ca Site including, without limitation, to any chat-room, forum, literary and/or dramatic content upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference. For any photo that may be uploaded, please refer to the following Photo Submission License, Release and Waiver (Schedule "A" below). For all other Submitter Content please refer to the following Submission License, Release and Waiver (Schedule "B" below). Each of the Photo Submission License, Release and Waiver and the Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO THE FOODNETWORK.CA SITE OR SERVICE. ANY SUCH POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHER SUBMISSION OF CONTENT TO THE FOODNETWORK.CA SITE OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMITTER CONTENT OR RELATED MATERIAL TO CTLP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING SUBMITTER CONTENT OR ANY RELATED MATERIAL TO CTLP, YOU ARE WAIVING ANY AND ALL RIGHTS (INCLUDING WITHOUT LIMITATION MORAL RIGHTS) THAT YOU MAY HAVE IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO CTLP THAT THE SUBMITTER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND THAT CTLP IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CTLP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
When participating in a forum or chat room, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. CTLP cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a forum or chat room, you may not post, transmit, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular forum or chat room. Use of a forum or chat room for commercial purposes of any kind is strictly prohibited. Please note that CTLP reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in connection with any forum, chat room or message board shall indicate your acceptance of the Terms and Conditions.
In cases where you have authorized a minor to use the Foodnetwork.ca Site or any of the Services, you recognize that you are fully responsible for:
All Content available on a the Foodnetwork.ca Site, including the manner in which such Content is presented, and the Services are: Copyright © 2009 CTLP, its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. CTLP grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Foodnetwork.ca Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on the Foodnetwork.ca Site (each, a "Contest") shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
No bulletin board, forum, chat room or other areas of the Foodnetwork.ca Site may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Foodnetwork.ca Site and barring such violators from use of the Foodnetwork.ca Site. We reserve the right to block access to the Foodnetwork.ca Sites by any user known or reasonably believed to be utilizing automated means to process commercial uses (including sale of goods and services).
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" pages contained on the Foodnetwork.ca Site, or make any other request to transactional servers, more than once during any three second interval.
Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by CTLP or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by CTLP or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that CTLP or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that CTLP, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. The Foodnetwork.ca Site and/or Services and software derived from the Foodnetwork.ca Site and/or Services may be further subject to certain Canadian and United States export controls. No software from the Foodnetwork.ca Site or Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Foodnetwork.ca Site, Services or any software derived there from, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.
You agree to defend, indemnify and hold harmless each of CTLP, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Foodnetwork.ca Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to:
You acknowledge that CTLP may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Submitter Content will be retained by the Foodnetwork.ca Site, the maximum disk space that will be allotted on CTLP servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Foodnetwork.ca Site or the Services in a given period of time. You agree that CTLP has no responsibility or liability for the deletion or failure to store any messages and other communications or other Submitter Content maintained or transmitted on or by the Foodnetwork.ca Site or Service. You further acknowledge that, in relation to free services, CTLP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
For users of the Foodnetwork.ca Site and/or any Services, CTLP reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, the Foodnetwork.ca Site or Services (or any part of the Foodnetwork.ca Site or Services) with or without notice. You agree that any modification or discontinuance of the Foodnetwork.ca Site or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, CTLP may immediately deactivate or delete your account and all related information and files in your account (including any registration data). You further agree that CTLP shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of the Foodnetwork.ca Site or Service will mean that you accept those changes.
You agree that CTLP, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Foodnetwork.ca Site or Services, and remove and discard any Submitter Content within the Service at its convenience, or for any reason, including, without limitation, for lack of use or if CTLP believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. CTLP may also in its sole discretion and at any time discontinue providing the Foodnetwork.ca Site or Services, or any parts of the Foodnetwork.ca Site or Services, with or without notice. You agree that any suspension and/or termination of your access to the Foodnetwork.ca Site or Services may be effected without prior notice, and acknowledge and agree that CTLP may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that CTLP shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a the Foodnetwork.ca Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of CTLP in operating the Foodnetwork.ca Site or any of the Services, your sole and exclusive remedy is to discontinue using the Foodnetwork.ca Site or Services in question.
Please exercise discretion while browsing the Internet. Please note that certain links on the Foodnetwork.ca Site may take you to other websites. CTLP provides these links only as a convenience and not as an endorsement by CTLP . These linked sites are not necessarily under the control of CTLP. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. CTLP is not responsible for the content of any such linked sites or any other web page which is not part of the Foodnetwork.ca Site and under CTLP control. Unless otherwise expressly provided, CTLP makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that CTLP will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Foodnetwork.ca Site or the use of any personal information that you provide to such linked site by the operator(s) of such linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CTLP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CTLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
The Foodnetwork.ca Site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health, diet and fitness related matters (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Foodnetwork.ca Site does not replace consultations with a qualified medical, nutrition, or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that CTLP, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
The Professional Information may contain health-related and medical-related information (including without limitation any facts, views, opinions, recommendations, descriptions of, or references to, products, services, medications, diets, nutritional or other information). Such health-related and medical-related information made available by CTLP, through the Foodnetwork.ca Site or any of the Services is:
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the "Multimedia Content") located through the Foodnetwork.ca Site's search services are protected by copyright and/or other intellectual property laws. CTLP does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Foodnetwork.ca Site, all of the Multimedia Content contained on such sites is owned and served by entities other than CTLP. CTLP provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Foodnetwork.ca Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
You acknowledge that some of the services accessible on the Foodnetwork.ca Site are provided by third parties, including but not limited to health newsletters and surveys You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Foodnetwork.ca Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
FOOD TV, Bubbles Design, and other trademarks and design marks, broadcasting service-related trademarks and design marks, service names and associated designs are trademarks and registered trademarks owned or licensed by CTLP and/or their affiliates or related companies (collectively, the "Canwest Marks"). All other product, brand and company names and logos used or mentioned on the Foodnetwork.ca Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Foodnetwork.ca Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
Except for third party sites and services independently operated and accessed through the Foodnetwork.ca Site, the Foodnetwork.ca Site and Services are controlled, operated and administered by CTLP from its offices within Canada. CTLP makes no representation or warranty that the Foodnetwork.ca Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access the Foodnetwork.ca Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Foodnetwork.ca Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the Federal Courts situated therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between CTLP and you pertaining to your use of the Foodnetwork.ca Site and Services and, except as specifically set forth herein, supersede any prior agreements between you and CTLP relating to the Foodnetwork.ca Sites and Services. CTLP may assign these Terms and Conditions, in whole or in part, at any time. CTLP failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.
Please note that we cannot publish your photographic materials or images ("Photos") if you do not own all rights in them, and have permission from those who may appear in your Photos to publish the Photos. If you decide at any time that you no longer want us to use your Photos pursuant to this license, simply send us a written request to the Attention of: Rights Manager - Canwest Digital Media at 1450 Don Mills Road, Toronto, ON, M3B 2X7.
In consideration of CTLP agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Photo to the Foodnetwork.ca Site or Services and, possibly, to review, and potentially publish any such materials submitted to CTLP by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with CTLP as follows:
In consideration of CTLP agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Submitter Content materials to the Foodnetwork.ca Site or Services and, possibly, to review, and potentially publish any such materials submitted to CTLP by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with CTLP as follows.
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