RG Media Enterprises Inc. (aka: OpenChest.com)
1. ACCEPTANCE OF TERMS & CONDITIONS OF USE
1.1. By using Open Cest’s website, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and OpenChest.com (RG Media Enterprises Inc. hereinafter referred to as RGME).
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use RGME’s Internet site. In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2.1. RGME operates its web site from its offices in Canada. RGME does not make any representation to the effect that all items on its web sites may be used in other locations. People who access RGME’s web site do so at their own initiative and are responsible for complying with all laws applicable to the site.
2.2. By using RGME’s web site, you acknowledge and agree that these conditions of use are governed by laws applicable in the Province of Ontario and that any litigation ensuing from, or related to, the use of the OpenChest.com web site and its Blog or services will be subject to the jurisdiction of the Province of Ontario.
3. CHANGES IN INTERNET SITES
3.1. RGME may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. RGME may also impose limits on certain items or restrict the access to certain sections of its OpenChest.com Internet site without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained in RGME’s web site are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in RGEM’s (OpenChest.com) Internet web site for commercial or advertising purposes without the expressed written consent of RG Media Enterprises Inc.
5. REGISTRATION AND SECURITY
5.1. There may come a time when registration may be required at RGME’s OpenChest.com web site. In this case, you will be required to select a password and a user name. You cannot (i) choose or use someone’s password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person’s authorization; or (iii) use a password or a user name that RGME, at its sole discretion, considers offensive.
5.2. Where applicable, you are responsible for maintaining the confidentiality of any password and user name. You should notify RGME as soon as possible by e-mail at [email protected] regarding any known or suspected use of your account, or of any known or suspected breach of security.
5.3. You are responsible for any use of your account at the OpenChest.com web site. RGME cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
6. FEES AND PAYMENTS
6. RGME reserves the right to charge fees for future access to its Internet web site, or any section thereof. If RGME should charge new fees for access to any section of its Internet site, it will notify you in advance in case you would like to close your account.
7. CHAT ROOMS/BULLETIN BOARDS/BLOGS
7.1. Since any communications which are part of chat rooms, bulletin boards and blogs are public and not private, you should abide by the rules set forth below:
7.1.1. Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, libellous, pornographic, abusive or otherwise illegal content.
7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
7.1.3. Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. OpenChest.com encourages lively discussions and debates in any established chat rooms, bulletin boards or blogs. Moreover, personal attacks are a breach of these conditions of use.
7.1.4. No one should use RGME chat rooms, forums, bulletin board or blogs to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe other peoples’ rights or their enjoyment of the chat rooms or bulletin boards are also prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to the RGME OpenChest.com web site and blog..
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to the RGME (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to OpenChest.com, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work.
7.4. You acknowledge and agree that you are personally liable for the content of your messages to blogs, chat rooms, bulletin boards or forums on RGME’s web site, and for the consequences thereof.
7.5. RGME has the right, at its sole discretion, not to publish or to withdraw any materials transmitted by a user on its web site. In addition, this remains an option and not an obligation.
7.6. RGME does not make any declaration concerning the control over the material available on its Internet sites. RGME is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the conditions of use of any materials provided by its users.
8.1. The RGME web site will contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave the RGME web site. It should be understood that RGME has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and RGME cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on the RGME web site should not in any way be interpreted as an endorsement by RGME (OpenChest.com) and does not incur its liability in any way. RGME cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
9. CODE OF CONDUCT
The views and opinions expressed on articles and our weblog, are not necessarily to be considered as representative of the views of RG Media Enterprises Inc. or any of its subsidiaries or affiliates. Each individual is and will remain personally responsible for their posted comments, photographs and all actions arising from each post.
By posting to our weblog, you acknowledge that you have read and agree to the following and that you are granting RG Media Enterprises Inc. (OpenChest.com) a non-exclusive, perpetual, worldwide license to distribute, reproduce, and publicly display your comments and photographs on the weblog and in any other media, and to use any ideas, concepts, know-how, or techniques contained in your comments or photographs for any purpose whatsoever, including, without limitation, developing and marketing of products using such comments or photographs, without any further consent from or notice or compensation to you. We ask that you:
- Stay Focused. Do post comments and photographs that stay close to the stated focus of the weblog. Do not post comments or photographs that contain SPAM or off-topic content such as religious statements.
- Use Common Sense. Do not post any confidential or personal information that you do not want to share with strangers on the Internet, including telephone numbers and electronic signatures.
- Respect Personal Information. Do not post any confidential or personal information of any third party, including telephone numbers, addresses or email addresses. Do not post any material (either positive or negative) that specifically identifies any other person who is not a celebrity. If you post a photograph to the weblog, be sure that the photograph does not include any person.
- Use Appropriate Language. Refrain from posting any material that is obscene, pornographic, defamatory, profane, libelous, threatening, discriminatory, harassing, offensive, abusive, hateful, embarrassing or disparaging to another person, group of persons or entity or that violates the privacy rights of others.
- Advertisements and Solicitations. At RG Media Enterprises Inc., we’re eager to hear about what inspires you, our readers, and we encourage you to share your experiences and comments with us. However, we ask that you not post any overt promotional information or advertisements strictly for the purposes of self-promotion.
- Format. Do not post comments written in ALL CAPITAL LETTERS, whether intentional or accidental.
- Respect Copyrights. Do not post any material to the weblog unless (i) you own or have all of the rights necessary to post the content and (ii) the posting of such content does not violate the privacy rights, publicity rights, copyright or any other rights of any person. Respect all laws governing copyright, trademark, and other intellectual property rights, including RG Media Enterprises Inc.’s own intellectual property. If you wish to reference third party content, do not copy the content without permission. Where appropriate, please provide a hyperlink to any referenced online content.
- Discuss What You Know. Do not make specific, non-verifiable, non-first hand claims about people or companies.
- Comply with Law. Do not engage in or promote any illegal activity through this weblog or post any material that fails to conform with all applicable federal, state, local and international laws.
- Respect Others. Do not attack personally fellow bloggers, affiliates, partners, customers, consumers or shareholders. When you disagree with a posting, do so with respect and without resorting to personal attacks. While referencing our competitors is accepted and welcome as open dialogue, do not attack companies that are competitors of RG Media Enterprises Inc.
- Use Resources Wisely. Do not post any material that contains viruses, Trojan horses, worms, spyware or other computer code that is intended to damage, interfere with or surreptitiously intercept or expropriate any system or information.
- Contact Us. The focus of this weblog is to discuss topics of the day, fashion, beauty, health & welfare issues, entertainment topics, etc. If you believe that any material posted on our weblog violates any provision of this Code of Conduct, including, without limitation, provisions relating to the posting of copyrighted materials (either your own copyrighted materials or those owned by a third party), or if you have any other legal claim related to the weblog, please let us know.
- Ranking. Do not post material that is intended as Page Rank Bait.
- Amendments. This Blogging Code of Conduct may be changed or updated by from time to time without prior notice. Continued use of the weblog following such changes or updates shall constitute your acceptance of any new terms. You are responsible for regularly reviewing this Blogging Code of Conduct and we encourage you, therefore, to review it carefully whenever you use the weblog.
DISCLAIMER: RG MEDIA ENTERPRISES INC. (OPENCHEST.COM) DOES NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT POSTED ON THE BLOG, NOR DOES RG MEDIA ENTERPRISES INC. (OPENCHEST.COM) ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USERS OF THE BLOG OR ANY WEBSITES OR WEBLOGS HYPERLINKED TO THIS BLOG.
10. INTELLECTUAL PROPERTY
10.1. The trademarks and logos used or posted on the RGME Internet site are trademarks and logos registered by RGME or third parties. Nothing on the RGME web site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the RGME web site for commercial or advertising purposes or to increase the number of visitors to your site.
10.2. All the items on the RGME web site (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to RGME or third parties acting as content providers. Except for certain clearly stated exceptions, no items on the RGME web site must be interpreted as giving you any right whatsoever with regard to the intellectual property of RGME or of a third party acting as a content provider.
10.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on a RGME web site (including any software), in whole or in part.
10.4. You can download or copy only for your personal use for non-commercial purposes items from the RGME web site provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of RGME or the holder of the copyrights identified in the notice of intellectual property.
11. REPRESENTATIONS AND WARRANTEES
11.1. You hereby indemnify, defend and hold RG Media Enterprises Inc.(RGME), its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “RGME or OpenChest.com”) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by RGME related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. RGME reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
12. LIMITATION OF LIABILITY
12.1. The RGME web site and blog, plus the items contained therein are offered to you on an “as is” basis and at no charge by RG Media Enterprises Inc., without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, RGME makes no representations about the comprehensive nature of the results of your searches conducted on its web sites. You hereby acknowledge and agree that your use of RGME site is at your own risk.
12.2. RGME makes no representation related to the accuracy or reliability of, nor does it endorse any opinion, declaration or other information published or distributed on its Internet site by any user, content provider or other person.
12.3. RGME disclaims all liability related to any error which may be found on its Internet sites. Thus, RGME and any third party providing content on the RGME Internet web site, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of web sites, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
13.1. You can cancel any account set up at the RGME (OpenChest.com) web site at any time.
13.2. RGME can, at its sole discretion, cancel or suspend your account to its Internet site in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.
14. HOW TO CONTACT US ABOUT THIS POLICY
14.1. Should you have a claim related to a copyright infringement of any of the materials contained in the RGME (OpenChest.com) website site, or for any other correspondence, please free to contact us at the following address: