TERMS OF USE PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY www.SustainabilityTelevision.com/privacy If you do not agree with the following terms of use, please do not continue using this website. ACCEPTANCE Welcome to Sustainability Television (hereinafter referred to as “STV”), the space that empowers equal access to the media for all people. By accessing stv1.com, sustainabilitytelevision.com, sustainabilitytelevision.ca, sustainabilitytelevision.net, sustainabilitytelevision.org and sustainabilitytelevision.us, (collectively the “Website”) you must agree to be bound by the following terms of use, which may be amended from time to time in our sole discretion (collectively the “Agreement”), inclusive of STV’s Privacy Policy www.SustainabilityTelevision.com/privacy (as defined below). This Agreement a contract between you and STV and applies to all users of this Website. In this Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 19 years of age (“Age of Majority”), it also includes such person’s parent or legal guardian. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT A COPY FOR YOUR RECORDS. IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN), MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ACCESSING THE WEBSITE AND BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. If you have any questions relating to the Website, they can be sent to the attention of our Customer Service Representative at
CAREFULLY BEFORE USING THIS WEBSITE.
AMENDMENTS
We may amend or supplement this Agreement at any time. Please check this Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this Agreement, we may notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Agreement, you may not continue to access or use the Website. Notwithstanding the foregoing, we may make changes, additions, deletions, or modifications to this Agreement from time to time without further notice to you. It is your responsibility to check www.SustainabilityTelevision.com/terms-use for the most up-to-date version of this Agreement.
PRIVACY POLICY
Our general Privacy Policy www.SustainabilityTelevision.com/privacy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this Agreement.
YOUR ACCOUNT
“Individual Member Accounts” are for your individual personal use. “Corporate Sponsorship Accounts” are for use by the sponsor corporation and it’s authorized users only. Individually and collectively, the foregoing are referred to hereafter as “Account” and “Accounts”. In either case, as an individual or corporate member, you agree to provide complete and accurate data in your user profile, maintain your password and security information and promptly inform STV of any suspected unauthorized security breach. You agree to be responsible for all account activity and will observe all copyright and other intellectual property laws, third party rights, and are solely responsible for the backing up of any files related to your account. You may not upload or republish any Website content, other than your own, save and except for the “bookmark/search this post” feature which specifically allows for others to link to this information.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
Your account does not confer any rights beyond what is specifically authorized herein and is revocable at STV’s sole discretion, at any time without prior notice.
MEMBER CONDUCT
You represent, warrant and agree that no submission of any kind posted, transmitted, or shared by you violates or infringes upon the rights of any third party. This includes but is not limited to personality rights, moral rights and rights of publicity, privacy, copyright, intellectual property, trademark, or other personal rights; unless you are the owner of these rights or have obtained the prior written consent of the owner.
If you are found to be in violation of any of the prohibited conduct criteria, your submission may be removed and your Account may be subject to termination without further notice.
Additionally, you agree that you will at no time whatsoever engage in any of the following PROHIBITED CONDUCT:
- Spamming or engaging in any activities that may harass or threaten other users.
- Submitting or posting on the Website any content that you did not create or have previous written authorization to post, including private third party information.
- Use of any automated scripts in relation to the Website or soliciting STV members for any advertising, sales, or promotional purposes, using any data mining functions, junk mail or pyramid schemes, robots, spiders, or any other data gathering or information extraction methods.
- Hacking into or submitting any material containing viruses or otherwise engage in activities designed to interfere in any way with Website operation or interfere with any Website security features.
· Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are fraudulent, defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
· Registering an account in someone else’s name, a fictitious name, misrepresenting yourself or your account information in any way, or registering more than one account.
- Soliciting a minor, engaging in unlawful activity or encouraging or advocating unlawful activity, or counselling criminal activities either domestically or internationally.
- Doing anything, which in the sole opinion of STV, would generally be considered objectionable or not to be in the best interest of the company, its members, or the public good.
TERMINATION POLICY
STV may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of STV or other third parties, or (ii) STV determines to cease its operations and/or its provision of any applicable products or services in connection with this Website.
PUBLIC NATURE OF THE STV WEBSITE AND THE INTERNET
You acknowledge that the features offered by STV are for public communication, and as such STV makes no assurance as to the privacy or security of any submitted content. All information you disclose or content you submit - is done so at your own risk.
STV has no duty to monitor any submitted content. The Website is enabled with a flag function that enables members to flag content that violates any of these terms. Flagged content will be reviewed, and in the case of violation will be removed. Repeated content violations will result in account termination.
STV does not guarantee the accuracy of any information provided by others, and the reliance upon or use of any submitted content is done so at your own risk.
Additionally, STV is not responsible for, nor does it endorse, the views or opinions of it's members in any submitted content and we (STV) specifically disclaim any and all liability in connection therein.
SPONSORSHIP
Sponsorship terms are governed by this Agreement as well as any additional Sponsorship agreement documentation found in the “Sponsorship Agreement - Corporate”. www.SustainabilityTelevision.com/sponsorship-agreement-corporate All sponsorship payments are, without exception, non-refundable, non-redeemable for cash, and non-transferable.
RETURN POLICY
All sales are final.
SUBMITTED CONTENT
We thank you for your submissions to STV. In submitting your content to STV this does not mean that your submitted content has or must be chosen to be included in any STV programming. All submitted content may be screened by STV for consideration, and all decisions to include any submitted content in STV’s programming are at our sole discretion.
Before we can make any use of any submitted content including video productions, we need to make sure that we have the legal right to do so. These are the terms and conditions on which you are submitting your submitted content to STV.
Specifically, you are granting to Sustainability Television Inc. and its affiliates, agents, successors, assigns and subsidiaries (collectively, “STV”) the non-exclusive irrevocable, perpetual, world-wide right, permission and licence, with respect to the “submitted content;” including video productions you submit and all original materials you have created or licensed from their creators which are incorporated into the submitted content, including without limitation artwork, dialogue, and musical works, to:
(a) produce, reproduce, perform, publish, translate, adapt, publicly present, communicate by telecommunication, or otherwise exploit the submitted content or any part of the submitted content in any media (whether known or unknown); and
(b) utilize and exploit your name, voice, likeness, biographical information, appearance and performance in connection with the submitted content (collectively “Personality Rights”) in or in connection with any of STV’s programs, formats or productions (whether or not related to STV) (collectively, the “Programs”).
Without limiting any other wording in this Agreement, you agree that this grant of rights includes, without limitation, the non-exclusive right to exploit any or all portions of the submitted content or the Personality Rights in commercials, advertisements, promotions, and product endorsement and merchandising (without limitation as to the products promoted), whether or not related to STV.
You also agree that STV may use any or all portions of your submitted content and the Personality Rights to publicize and promote each Program.
Modifications. You grant to STV the unlimited right: (i) to edit or modify the submitted content in any manner, including without limitation by adding visual or aural effects or other elements; and (ii) to use, adopt and modify any or all portions of the submitted content and Personality Rights in combination with other materials in any Programs.
Waiver of Rights. You irrevocably waive all rights you may have in the submitted content, including all Personality Rights, moral rights and rights of publicity or privacy.
Release. You release and discharge STV, any broadcasters of the Programs, and all other persons from all claims, demands, suits or actions (whether in law or equity) that you may have at any time arising out of or in connection with any exercise or non-exercise of any right granted to STV in this document.
Remuneration. You acknowledge and agree that, unless you and STV enter into a separate STV “Payment Schedule”, you are granting all the rights set out in this document to STV on a fully-paid-up and royalty-free basis, that you will receive no further financial or other remuneration, and that STV may exercise all of its rights set out in this document without providing any further financial or other remuneration to you.
Damages for STV’s Breach. You acknowledge that if STV breaches any term or condition in this document in any way, any damage you suffer due to such breach will be measurable in monetary damages and will not be irreparable or otherwise sufficient to entitle you to seek or obtain injunctive or other equitable relief. You acknowledge and agree that your rights and remedies in the event of any such breach by STV will be strictly limited to the right, if any, to recover damages in an action at law.
Representations, Warranties and Covenants. You represent, warrant and covenant that:
(a) you are the sole and exclusive owner of the submitted content, and you have the full right and authority to grant the above rights;
(b) the production you submit is original, and STV will not infringe or violate any third party’s intellectual property, privacy, personality or other rights when STV copies, publishes, distributes, edits, modifies, displays or otherwise uses the submitted content as permitted above;
(c) you have not falsely identified any individual involved in creating the submitted content or any individual whose likeness or voice is incorporated into the submitted content;
(d) the submitted content does not contain any content or material which is obscene, defamatory, libellous, abusive, threatening, or otherwise illegal;
(e) you have obtained, in writing, all necessary consents and permissions (including without limitation those required by any professional organizations or unions) from all individuals (or if they are minors, their parents’ consent and permission) (i) who were involved in creating the submitted content or (ii) whose likeness or voice is incorporated into the submitted content, to grant STV the above rights without payment to them, and will provide signed copies of all such documents to STV if requested.
(f) that all executed third-party consents, releases or licences which you provide to STV contain true and accurate information for the signing party or parties, and have actually been signed by the legal owner of the rights being granted to you.
Indemnity. If any of the above representations and warranties is or becomes untrue, you agree to indemnify STV against all damages, costs and expenses (including legal fees) that STV incurs as a result. Furthermore you agree to defend indemnify and save harmless STV it’s directors it’s officers, employees and agents, from any and all costs, claims, damages, debt, expenses, liabilities and losses arising from a) Use of the Website b) Your violation of this Agreement c)Any third party right violation, or damages arising from your use of the Website.
THIRD PARTY WEBSITES
STV encourages all users to educate themselves about the risks associated with Internet usage through sites like; (www.safety-council.org/info/child/webrules.html, and www.rcmp-grc.gc.ca/youth/websafety_e.htm). STV also recommends reviewing the applicable terms and policies of any site you visit. As you may be able to link to other third party websites through STV, we must make it clear that STV makes no representation as to the accuracy of content available on third party sites, and if members choose to visit other sites, they do so at their own risk.
SPAM
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
All content on the STV website is the property of STV, and its members or its licensors as the case may be with all rights reserved. No content may be copied, distributed, downloaded, modified, removed, reproduced, republished, sold or otherwise transmitted, or in any form or by any means (known or unknown), in whole or in part, without STV's prior written consent or as may be permitted by way of the (embedding and sharing) features on the Website.
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, digital images, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “STV Materials”) are the property of STV, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively “STV”), and are protected, without limitation, by Canadian and other foreign laws. Without limiting the generality of any other provisions of this Agreement, the use of any STV Materials on any other website or networked computer environment is prohibited.
This Agreement grants to you a limited license to access and use this Website and certain public materials for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the STV Materials in a manner that suggests an association with STV unless the parties agree in writing otherwise. You may not make any modifications to any STV Materials other than as expressly permitted by STV.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the STV Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of STV or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of STV or its licensors.
STV has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. STV may make available and upgrade this Website and any such upgrades will form part of this Website and be governed by the terms and conditions of this Agreement.
COPYRIGHT INFRINGEMENT
If you are a copyright owner and believe your rights have been infringed upon, or if you have had a submission removed from your account, you may submit a notification of infringement, or an appeal to:
Sustainability Television
RE: COPYRIGHT INFRINGEMENT
3665 - 349 West Georgia Street
Vancouver BC V6B 3X8,
Or via email to:
copyright@SustainabilityTelevision.com
LIMITATION OF LIABILITY
For greater certainty, STV is not responsible for, nor does it endorse, the views or opinions of it’s members in any submitted content and STV specifically disclaims any and all liability in connection therewith.
Furthermore STV does not accept liability for any loss or damage of any submissions (howsoever caused) nor for any other loss or damage resulting directly or indirectly from your use of the Website.
STV is not responsible for: (1) incorrect or inaccurate transcription of entry information or lost, incomplete, misdirected submissions, or submissions received through illegitimate channels, all of which will be deleted; (2) without limitation; technical failures of any kind (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention; (5) electronic or human error (6) any injury or damage to persons or property, including without limitation your computer, which may be caused, directly or indirectly, in whole or in part, from use of the Website or from downloading or uploading any material from or to the Website.
DISCLAIMERS
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STV DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
STV DOES NOT WARRANT THAT THIS WEBSITE, THE CONTENT THEREIN, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH STV’S CUSTOMER SERVICE DEPARTMENT OR AN STV REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND THIS DISCLAIMER AND THIS AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
FINALLY, STV DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STV BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE STV MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF STV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, STV IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF STV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE STV MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, OR (II) CAD$100.
DISPUTES
You agree that: (a) any and all disputes, claims and causes of action arising out from use of the STV website shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of the Province of British Columbia, Canada, without giving effect to any of its principles in respect of conflict of laws; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Website, but in no event legal fees; and (c) you waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, or indirect damages.
If the dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Vancouver, British Columbia, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
GENERAL
This Agreement and our Privacy Policy contain the entire understanding between you and STV in connection with your access and use of this Website, and supersedes all prior agreements, understandings, negotiations or discussions, whether oral or written between you and STV with respect to your access and use of this Website. If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and STV. This Agreement may not be assigned by you. You confirm that STV has encouraged you to obtain independent legal advice regarding this Agreement, and that you have obtained such advice or have voluntarily chosen not to do so.
Please go to http://www.SustainabilityTelevision.com/terms-use to find the most up-to-date version of these policies.
I HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND BY CLICKING “CREATE NEW ACCOUNT” I AGREE TO BE BOUND BY ITS TERMS.
Effective Date: January 5, 2010
