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Terms of Use

Acceptance of Terms of Use

IT IS IMPORTANT TO CAREFULLY READ ALL THE TERMS. The Canadian Broadcasting Corporation (CBC) is the owner and administrator of this digital Media Centre (Media Centre). This Terms of Use Agreement (the Agreement) stipulates the conditions for accessing and using the Media Centre. By visiting and using the Media Centre, you agree to be bound by the terms of this Agreement. If you do not accept these terms, you must refrain from accessing or using the Media Centre. IF YOU DO NOT AGREE WITH THE CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE MEDIA CENTRE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING IT. CBC may revise this Agreement at any time by updating this page. Continued use of the Media Centre following the posting of such changes constitutes acceptance of the revised terms. You are encouraged to visit this page periodically.
 

Ownership

Everything displayed or otherwise accessible through the Media Centre, including but not limited to articles, texts, photographs, images, illustrations, audio clips, video clips, software and source code (collectively, the Content) is protected by Canadian and foreign laws, including copyright laws, and belongs to CBC, its licensors or the person recognized as the content provider. The Media Centre is also protected under copyright law as a collection and/or compilation under Canadian and foreign laws. You must comply with all other copyright notices, information and restrictions on or within the content accessible through the Media Centre. USE, REPRODUCTION, MODIFICATION, PUBLIC PERFORMANCE OR MAKING AVAILABLE TO THE PUBLIC, DOWNLOADING OR DISPLAYING ON THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE MEDIA CENTRE OR ANY CONTENT, IN WHOLE OR IN PART, IS PERMITTED ONLY AS EXPRESSLY PROVIDED HEREIN. ANY OTHER USE IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CBC.

Trademarks

CBC/RADIO-CANADA, and all affiliated official brands and designs are marks or trademarks of CBC. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Media Centre may be registered or unregistered trademarks of CBC or third parties. Although CBC may use some third-party trademarks under licence, displaying third-party trademarks on the Media Centre does not imply any relationship or licence between CBC and the trademark owner, nor does it indicate CBC’s endorsement of the goods, services or activities of the trademark owner. Nothing in the Media Centre shall be construed as granting you any licence or right to use any logo, design or trademark of CBC or any third party without the written permission of CBC or the owner of a third-party trademark.

Disclaimer of Warranties

The Media Centre and all content are provided as is. When you visit and use the Media Centre, you acknowledge and agree that you do so entirely at your own risk. CBC makes NO REPRESENTATIONS OR WARRANTIES with respect to the Media Centre and the Content, including, but not limited to:

  1. The accuracy, completeness, reliability, timeliness or timeliness of the Media Centre and/or the Content.
  2. The merchantability or fitness for a particular purpose of the Content, including, but not limited to, any information, data, software, products or services contained in or offered through the Media Centre.
  3. The operation of the Media Centre without interruption or error.
  4. The correction of defects or errors in the Media Centre.
  5. The absence of viruses or harmful components in the Media Centre.
  6. The secure transmission or non-interception of communications through the Media Centre.

Limitation of Liability

Subject to applicable law, CBC and its officers, directors, employees, agents, licensors or their respective successors and assigns shall not, under any circumstances, be held liable for any special, indirect or incidental damages of any kind, including but not limited to business loss, loss of savings, data loss and/or loss of profits, whether based on contract (including breach of a fundamental obligation), tort (including negligence) or otherwise, even if CBC was aware or should have been aware of the possibility of such damages.

CBC and its officers, directors, employees, agents, licensors or their respective successors and assigns shall not be responsible for any loss or damage arising from CBC’s failure or your failure to protect your password or account information.

CBC expressly disclaims any responsibility for the actions, omissions or conduct of any third-party user of the Media Centre or any advertiser or sponsor of the Media Centre (collectively, a Third-Party User). CBC and its officers, directors, employees, agents and licensors shall not, under any circumstances, be held liable for any injury, loss, damage (including special, indirect or incidental damages) or expenses resulting in any way from i) the actions, omissions or conduct of a Third-Party User; and ii) the use or inability to use any software, content, goods or services of a site or offered through a site linked to the Media Centre.

If you decide to visit or use a site linked to the Media Centre, or any content, material, software, goods or services linked from a site itself linked to the Media Centre, you do so entirely at your own risk.

You hereby release CBC and its officers, directors, agents and their respective successors and assigns from any damages you may suffer and agree not to assert any claims against them arising from your use of products or services offered through the Media Centre.

No Advice

The information contained in the Media Centre is provided for informational purposes only. It is not intended as legal, accounting, tax, investment, financial, medical or other advice, and you should not rely on it as a substitute for obtaining such advice.

Hyperlinks

The Media Centre may contain hyperlinks to third-party websites. These hyperlinks are provided for your convenience only and should not be interpreted as an endorsement by CBC of the content of these third-party sites. CBC is not responsible for the content of any third-party website and makes no representations or warranties of any kind regarding such sites, including, but not limited to i) any representation or warranty as to the legality, accuracy, reliability, completeness, timeliness or appropriateness of the content of a third-party site; ii) any representation or warranty as to the merchantability or fitness for a particular purpose of any material, content, software, goods or services available on or through a third-party site; or iii) any representation or warranty as to the uninterrupted or error-free operation of the third-party site, the correction of defects or errors, or the absence of viruses or other harmful elements on such a site.

Licences and Ownership

All software incorporated into or found in the Media Centre, including but not limited to any machine code, along with all files and images contained in or generated by such software, is protected by copyright and may be protected by other rights. All such software belongs to CBC/Radio-Canada, its licensors or the recognized owners. You are hereby authorized to access and use the software incorporated into the Media Centre, subject to i) the terms of this Agreement and ii) any other conditions governing access to and use of such software that may be imposed.

If the Media Centre offers software downloads, unless otherwise stated, you are hereby granted, subject to i) the terms of this Agreement and ii) any other applicable conditions for downloading and using such software, a non-exclusive, non-transferable and personal licence to i) install and operate one copy of the software in object code format on an offline computer for professional purposes as described in this Agreement and ii) reproduce the software as reasonably necessary for installation, operation and the creation of reasonable backup copies as permitted by law.

Unless expressly permitted by this Agreement, you are prohibited from i) using, reproducing, modifying, adapting, translating, downloading or transmitting the software, in whole or in part; ii) selling, renting, licensing or transferring the software, or otherwise granting access to it; iii) modifying, removing or obscuring any trademark or proprietary notice included in the software; and/or iv) decompiling, disassembling, decrypting, extracting or reverse-engineering the software, or assisting anyone in doing so.

Nothing in the Media Centre shall be interpreted as granting you any right, title, interest or licence in the software incorporated into or available for download from the Media Centre, including any intellectual property rights.

All software incorporated into the Media Centre is provided “as is,” without any express or implied warranties, including but not limited to warranties i) of merchantability or fitness for a particular purpose; ii) that the software will meet specific specifications; iii) that the software is free of significant defects; iv) that the software is free from viruses or other harmful computer elements; or v) that the software can process or handle date- or time-related data without interruption or abnormal termination.

Warranties

You declare and guarantee the following:

  • You are an individual over 18 years of age.
  • You are a journalist, reporter, blogger or researcher assigned to writing for a media outlet or website.
  • You will use the Media Centre and its content exclusively for your professional journalistic and promotional use as a journalist, reporter, blogger or researcher and only in the manner authorized herein.
  • You will not distribute any content from the Media Centre to a third party who is not authorized by CBC.
  • Any content from the Media Centre that cannot be downloaded must be accessed via streaming only, without the ability to make a copy.
  • Any content from the Media Centre that can be downloaded must be used only in the course of your work as a journalist, reporter, blogger or researcher assigned to writing for a media outlet or website.
  • You are legally entitled to enter into this Agreement.
  • You will not engage in any promotion or advertising concerning CBC, the Media Centre or its content without the prior written authorization of CBC.
  • You will not remove, obscure or erase any copyright notice or other proprietary notice, source mention, date mention, or any other sign or indicator of source included in the Media Centre and its content, including but not limited to the size, colour, placement or style of CBC’s trademark.
  • You will not use the content of the Media Centre to link or associate it with any illegal, threatening, abusive, defamatory, obscene, vulgar, pornographic, blasphemous or otherwise indecent information, or any information that may harm or damage CBC’s activities, business, credibility or integrity.
  • You will not use the content of the Media Centre in a way that violates or infringes upon the rights of others, including any material that constitutes an invasion of privacy, infringes upon personality rights or is protected by intellectual property rights or other proprietary rights.
  • You will not use the content of the Media Centre to promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or to harm minors, harass others, offer sexually explicit or violent content in which minors are exploited, or provide instructions regarding illegal activities, including but not limited to the manufacturing or purchasing of illegal weapons.
  • YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, IMPERSONATE SOMEONE ELSE, COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF AN ACCOUNT. IF YOU USE OR ATTEMPT TO USE THE MEDIA CENTRE OR ITS CONTENT BEYOND THE SCOPE OF THE LICENCE GRANTED UNDER THIS AGREEMENT OR BEYOND THE SCOPE EXPRESSLY SET BY CBC, OR IF YOU ATTEMPT TO TAMPER, HACK, DECEIVE, USE BOTS OR SCRIPTS, COPY, DISTRIBUTE, STORE, MODIFY OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY OR PROPER FUNCTIONING OF ANY PART OF THE MEDIA CENTRE OR ITS CONTENT, IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO LEGAL OR EQUITABLE REMEDIES.

Indemnification

You agree to hold CBC and its officers, directors, employees, agents, licensors and their respective successors and assigns harmless and indemnified, and to defend them from any and all claims, demands, liabilities, costs or expenses of any kind, including but not limited to legal fees and disbursements, arising directly or indirectly from (i) your violation of any term of this Agreement; (ii) your visit, use or inability to visit or use the Media Centre or any site to which the Media Centre is linked from time to time; (iii) your use of any publications, communications, distributions or downloads of any kind via the Media Centre, or your reliance on them; and/or (iv) your violation of applicable laws or regulations.

Accreditation Process

To use the Media Centre, you must register to be accredited as a member. You agree (i) to provide truthful, accurate, up-to-date and complete information about yourself as requested in the registration form; and (ii) to maintain and update the information you provide promptly to keep it truthful, accurate, up-to-date and complete. CBC has absolute discretion to determine whether you qualify for accreditation as a member. If CBC has reasonable grounds to believe that the information provided by you is false, inaccurate, outdated or incomplete, CBC has the right to suspend or terminate your right to visit and use the Media Centre (or any part of it). CBC’s use of any personally identifiable information you provide during the registration process is governed by the CBC Privacy Policy.

Passwords

To use the features of the Media Centre, you will need an email address associated with your account and a password chosen at the time of your accreditation request. Your account becomes active once your accreditation is confirmed. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities conducted using your password or account. You agree to notify CBC immediately of any unauthorized use of your password or account or any other security breach, and to ensure that you log out of your account at the end of each session. CBC shall not be held responsible for any loss or damage resulting from CBC’s or your failure to protect your password or account information.

Security

Please note that information sent or received over the internet is generally not secure, and CBC does not guarantee or warrant the security of any communications transmitted via the Media Centre, nor does it guarantee that information, including personal information, will not be intercepted by third parties.

Termination

CBC may, at any time, without notice, at its absolute discretion, and without cause, terminate your right to visit and use the Media Centre (or any part of it). CBC may also terminate your right to visit and use the Media Centre, or any part of it, if you fail to comply with any provision of this Agreement.

Governing Law and Jurisdiction

The Media Centre (excluding linked sites) is managed by CBC from its offices in the Province of  Ontario, Canada. By visiting or using the Media Centre, you agree that all matters related to your visit or use of the Media Centre and/or content are governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of law principles. You acknowledge the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario over such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.

General Provisions

The consent or waiver by CBC of an express or implied breach of this Agreement by you does not constitute consent or waiver of any other different or subsequent breach. You may not assign or transfer this Agreement or any rights and/or obligations under it. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, it shall be severed, and the remaining provisions shall remain in full force and effect. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Except for agreements with CBC that expressly reference this Agreement, this Agreement constitutes the entire agreement between you and CBC regarding its subject matter.