Termes et conditions d'utilisation du site
Welcome to the YourTV website (the "Website").
By accessing or using the Website, you will be deemed to have agreed to be bound by the terms and conditions of this legal notice (the "Legal Notice").
PreambleYourTV is the medium for Cogeco's local community programming. In conjunction with its televised programming, it makes its Website available to the community so the Website users (the "Users" or "You") can share information of interest to the community. Users can upload community messages. Users can also submit reporting and broadcasting ideas.
ConfidentialityWhen You access information on the Website, YourTVmay ask You to provide personal information, at your sole discretion. If You comply with such a request, You will be agreeing to be bound by the terms and conditions of COGECO's privacy policy.
Intellectual PropertyAll community announcements uploaded by Users will remain the property of the Users (the "User Content"). Every User who uploads User Content to the Website must hold all copyrights or licenses to use required for dissemination on the Web, including music copyrights. You warrant that You own or have obtained the licences, rights, consents and permissions necessary to use, and to authorize us to use, any trade-marks, copyrighted material, intellectual property or proprietary material contained in your User Content and that You have written consent, an assignment or permission covering every identifiable person appearing or mentioned in your User Content to use their name or image.
The User is solely responsible for any information that the User publishes on the Web. The User must ensure that any content that may be disseminated is appropriate for its intended recipient(s). YourTV and Cogeco reserve the right, without however having the obligation to do so, to refuse to post or to remove any information or materials, in whole or in part, that is unlawful, offensive, obscene, defamatory, or that may be considered as such, or otherwise causes unnecessary stress on the Cogeco network, its services and its resources, or other users.
All content on the Site created, developed, broadcast, communicated, elaborated or generated by YourTV (including texts,illustrations, images, codes, trademarks and URLs) or reproduced by YourTV on the Website, as well as the selection, layout and arrangement of such content, are the property of YourTV or licenced from third parties, and are protected by law and copyright in all countries. Accordingly, you may not copy, reproduce, modify, reformulate, republish or more generally use, in whole or in part, any element of the Website that is owned by YourTV without prior written authorization from YourTV. No licence or right of use is granted or implied by virtue of your registration on the Website (if applicable) or your accessing the Website. You may not, among other things, modify, copy, distribute, publish, transmit, broadcast, reproduce, compile, arrange or save content owned by YourTV, or create compilations consisting in whole or in part of content owned by YourTV , or transfer such content to any person by any means whatsoever, including the reproduction and/or transmission of any excerpt from such content, whether accompanied by a link or not, without written authorization from YourTV or unless expressly permitted by law or by the Website's functionalities. Selling or profiting in any way whatsoever from content, information, software, products or services obtained from the Site, or creating compilations or derivative works from such, are also prohibited.
Rights of UseBy posting their User Content, Users grant YourTV the unlimited right to use such User Content for dissemination on the Web, in its community programming or for the communication or promotion of YourTV or COGECO, with no jurisdictional or time limits. The Website may only be used by User for lawful purposes
User ConductUsers must abide by COGECO's code of ethics and the corporation's privacy policies. Without limiting the generality of the foregoing, You may not use the Website, directly or indirectly, to: violate another person's privacy, or collect, disclose or record another person's personal information (including their telephone number, mailing address, email address, surname, etc.); attack or harass another person in any manner; harm minors; incite hatred or illegally promote such conduct, or impersonate any person or entity including, without limitation, a COGECO representative, forum facilitator, guide or host, or misrepresent your affiliation with any person or entity.
Prohibited ContentUser Content will be removed from the Website if we find it to be obscene, indecent, defamatory, threatening, fraudulent, misleading, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, or to promote or advocate conduct that would represent a criminal offence, could lead to civil suits or which is in any other way objectionable, offensive, inappropriate or illegal.
Removal of User ContentYourTV may at any time, if it deems in its sole discretion that User Content is not appropriate in the context of its community mission, remove and/or modify or refuse to publish all or part of any material or information without notice.
Responsibility for User ContentYou will be solely responsible for the uploaded User Content made available through the Website, and for all consequences of its use. You will also be liable for any costs, losses and damages attributable, directly or indirectly, to the User Content made available on or through the Website.
IndemnificationTo the maximum extent permitted by applicable law, You will defend, indemnify and hold harmless YourTV and its affiliates, as well as each of their respective directors, officers, employees, consultants and agents, from and against all claims, liability and expenses, including fees of legal counsel and other legal costs arising from Your violation of the provisions of this Legal Notice or Your use of this Website.
LiabilityYOURTV DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. COGECO WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE, LOSS OF DATA OR ANY DELAY OR FAILURE TO PERFORM. YOURTV DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE. THE USER ACKNOWLEDGES THAT YOURTV, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THE WEBSITE. IN NO EVENT SHALL YOURTV HAVE ANY LIABILITY TO THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE.
In addition, YourTV is not liable for, among other things, any delay, failure, interruption, suspension, reduction or disruption, in whole or in part, in the performance of any of its obligations, or for damages or losses you may incur, if the delay, failure, interruption, suspension, reduction or disruption in the performance of its obligations, or the damages or losses, occur as a result of force majeure or circumstances beyond its control, including a lock-out or strike.
General
YourTV may, in its sole discretion, change, supplement or remove any content or information appearing on the Website and the provisions of this Legal Notice at any time without notice. If You are dissatisfied with the Website or with the terms and conditions of the Legal Notice, your sole remedy is to discontinue using the Website.
This Legal Notice will be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable therein. The terms and conditions of this Legal Notice constitute the entire agreement between You and YourTV with respect to Your use of the Website. The failure of YourTV to enforce this agreement, for whatever reason, shall not be construed as a waiver of any right to do so in future. If any provisions contained herein shall be determined to be void, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.