Welcome to KW Now! brought to you by Now Media Inc. With its partners, Now Media Inc provides information and web-based resources or services (Services) that are accessed on this website or by other methods. Please be aware that KW Now! was created to provide these Services primarily to those who live in the Kitchener & Waterloo, Ontario area. As such, many of our Services are only offered to those that reside in this specific geographic area. The KW Now! website provides these Services subject to the following general Terms of Service (TOS), which may be updated at any time by updating this page without your notification. You assume sole responsibility for reviewing the most recent TOS as stated on the Terms of Service page, which can be viewed from a link at the bottom of our website's pages. Various provided Services may also have specific terms of service, rules or guidelines which are hereby incorporated into these general Terms of Service and to which you agree to be bound to use those Services.
PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS OF SERVICE ARE A BINDING CONTRACT BETWEEN YOU AND NOW MEDIA INC. BY USING THIS WEBSITE AND/OR ITS SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. OTHERWISE PLEASE DISCONTINUE THE USE OF THIS WEBSITE.
A. Acceptance of Terms of Service
By using the KW Now! website you explicitly and willfully agree to be bound by the stipulations in this TOS. You represent that you have not been legally restrained from receiving KW Now! services under the laws of Canada or your place of legal jurisdiction.
B. Registration Information and Privacy
Should you register, you agree to provide accurate current information about yourself and to promptly update this information to maintain its accuracy should the information provided change. Should you misrepresent the aforementioned information or Now Media Inc. has reason to believe such information is not true, Now Media Inc. has the right to discontinue your account and refuse service and future service of the website. Now Media Inc. is particularly concerned about the safety of children using the website. Should you allow your child to register and you confirm their registration, you represent that you are of legal age, the legal guardian of the child, and provide permission for the child to access the Services. KW Now! delivers Services for a broad audience and as the child's legal guardian it is solely your responsibility to determine if any part of the website is not appropriate for your child to access.
Upon registering you will create a login name and password. You are responsible for keeping this information private and confidential. You assume responsibility for the use of the Services and all activities that occur under your login. You agree to immediately notify Now Media Inc. should you suspect or become aware of any unauthorized use of the Services under your login. You agree to properly log out at the end of your sessions (a top of page link is provided for your convenience). Sessions will automatically expire after a period of inactivity but you should not rely on this feature and always ensure you have logged out when discontinuing your session. Now Media Inc. cannot and will not be responsible and liable for any loss or damages resulting from your failure to log out properly.
C. User Responsibilities and Privileges
You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used on KW Now!. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. Now Media Inc. does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. Now Media Inc. under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use KW Now! only to post materials that are legal, proper, somehow related to the purposes of this website, and conform to the decency standard of our community. By way of example, and not as a limitation, you agree that when using this website, you will not:
- Harm children in any way;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
- Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment;
- Post or transmit spam, "chain letters", "junk mail", promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the website intended for such uses;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
- Restrict or inhibit any other user from using and enjoying the use of the website and its Services;
- Collect or store personal data about other users;
- Hack into any part of the website, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers, or network infrastructure;
- Encourage, glorify or commit a criminal offense;
- Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever;
You agree that Now Media Inc. may, without prior notification, terminate all registered user privileges. Cause for termination shall include, but not be limited to:
- User initiated request;
- Extended periods of account inactivity;
- Repetitive returned email from a therefore assumed inactive email address;
- Unforeseeable technical difficulties or issues;
- Law enforcement requests
Registered users of KW Now! agree to maintain an active email account to receive communications from KW Now! regarding website updates, administrative messages, other registered user related messages and website announcements. You do not have the ability to opt-out of the aforementioned email notices and agree to receive them as part of being a registered user of the website. Should these email become unable to be delivered to your email account, KW Now! will remove your registration account and assumes no responsibility for the deletion of any or all of your posted information. Now Media Inc. will not be liable in any way for any circumstances that result from your discontinuation of the Services should your registration account be deleted.
D. Website Materials and Ownership Thereof
The contents of this website produced and published by Now Media Inc. and/or its partners, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other laws.
Now Media Inc. authorizes you to view the Material on the website solely for your personal use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the written permission of Now Media Inc.. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Now Media Inc. does not claim ownership to your postings or submissions of your Materials on the website. However, for this information that is publicly displayed on the website, you grant Now Media Inc. a world-wide, royalty free, non-exclusive, irrevocable, perpetual license to use, modify, distribute, reproduce, publish, and publicly display such information in whole or in part, and to incorporate said information into other works on current or future formats and mediums. This license shall exist until the removal of the Material from the website by either party.
KW Now! includes postings, listings, graphics, stories, and articles from third parties. Third party materials may include offensive, inappropriate, harmful, or deceptive information. Such content is the sole responsibility of the third party owner of the content. Now Media Inc. assumes no responsibility for such content and is merely providing access to such content as a service to you.
E. Our Obligation to Monitor Information and Materials
Now Media Inc. does not control the information posted or transmitted by users, registered users, partners, and other third parties on the website and assumes no obligation whatsoever to monitor third party information and transmissions without notice. Now Media Inc. does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You understand and acknowledge that any reliance on material so posted will be at your own risk.
You acknowledge that Now Media Inc. may or may not pre-screen information posted or transmitted on the website. Now Media Inc. reserves the sole right at its sole discretion to refuse to accept information for publication on the website, block transmission of information, or remove and/or edit information posted on the website for any reason whatsoever. Now Media Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You assume sole responsibility for the posting of Materials, including graphics and images, on the website. By posting these materials, you convey that you are the rightful owner of such Materials or have received permission to use the Materials on this website. You are solely responsible for any and all charges and/or penalties should their rightful owner exercise their intellectual property rights.
F. Intellectual Property Rights of Software and Services Provided On This Website
You agree that the Services and any software used by the Services are the property of Now Media Inc. and relevant third parties. You are granted a nonexclusive and nontransferable license to use the software subject to the terms and conditions of this TOS. You agree that the software remains the property of its lawful owner(s) and that the license granted in this TOS does not convey title to or ownership of the software. You agree that giving away, lending, leasing, renting, distributing, leaving, or selling copies of the software is theft of the lawful owner's property. Appropriate litigation may be instituted and/or penalties and damages may be assessed against violators. You acknowledge that the software, including documentation, contains proprietary information constituting valuable trade secrets, and that the Software is protected by provincial, federal and international copyright laws and international treaties. You agree that you will not distribute the software or any portion thereof to third parties, or replicate the software or any portion thereof in any form or medium, except as authorized in this TOS. You agree not to attempt to decipher, decompile, unencrypt, reverse engineer, or disassemble the software or to develop derivative works of the software or knowingly allow others to do so, except to the extent applicable laws specifically prohibit such restriction.
G. Website Warranties
The KW Now! website and Materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Now Media Inc., to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. Now Media Inc. makes no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the website.
Neither does the company warrant that the website will operate without error or that the website and its server are free of computer viruses or other harmful code. Now Media Inc. is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this website. KW Now! contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
H. Disclaimer of Warranty & Limitation of Liability
YOUR USE OF THIS WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. ALL SERVICES ARE PROVIDED ON A AS-IS WHERE-IS AS-AVAILABLE BASIS. NOW MEDIA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTIBILITY FOR A PARTICULAR PURPOSE, FITNESS, OR MERCHANTABILTY.
NOW MEDIA INC. MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ACCURATE, BE RELIABLE, OPERATE UNINTERRUPTED OR ERROR FREE, OR FIX ERRORS. NO INFORMATION, WRITTEN OR IMPLIED, THAT WAS OBTAINED BY YOU FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. IN NO EVENT SHALL Now Media Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ITS MATERIALS CONTAINED THEREIN. THIS DISCLAIMER AND LIMITATION INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, AND APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY LEGAL THEORY, REGARDLESS OF WHETHER Now Media Inc. IS ADVISED OF THE POSSIBILITYY OF SUCH DAMAGES.
ANY MATERIAL DOWNLOADED OR USED BY YOU FROM THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER VIRUSES ARE PREVELANT ON THE INTERNET AND THAT VIRUSES MAY BE TRANSMITTED INADVERTANTLY THROUGH THIS WEBSITE'S SERVICES. YOU AGREE TO ASSUME SOLE RESPONSIBILITY AND HOLD Now Media Inc. HARMLESS FOR ANY VIRUSES OR ACTIONS THEREOF WHATSOEVER, INCLUDING LOSS OF DATA, BELIEVED TO BE TRANSMITTED THROUGH THIS WEBSITE'S SERVICES TO YOUR COMPUTER. YOU ASSUME FULL RESPONSIBILITY FOR THE DETECTION, PROTECTION, AND ERADICATION OF COMPUTER VIRUSES ON YOUR COMPUTER(S).
I. Copyright Infringement
Posting communications on or through the website automatically grants Now Media Inc. a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Now Media Inc. may, in appropriate circumstances and at its sole discretion, remove or disable access to Material(s) on the website that infringes on the rights of others. If you believe that your work has been used on the website in a manner that constitutes copyright infringement, please provide Now Media Inc. with a written notice - by postal or express mail, email, or facsimile - that includes the following information:
- The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed
- A description of or actual page link to where the material in question is located on the website
- Your mailing address, telephone number, and email address
- A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
For purposes of such notice, Now Media Inc.'s address for notice is as follows:
Now Media Inc.
295 Hagey Blvd
1st Floor, West Entrance
Online Contact Form
J. Links to Other Websites
KW Now! contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Now Media Inc. of the contents on such third-party websites. Now Media Inc. is not responsible nor liable for the availability and content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless Now Media Inc., its officers, directors, employees, sponsors, partners, and agents from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the website, your posting or transmission of Materials, or your breach of this TOS Agreement. Now Media Inc. will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. You agree to indemnify and hold harmless Now Media Inc., its officers, directors, employees, and agents from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your actions dealing with our advertisers, sponsors or partners.
L. General and International Disclaimer
Now Media Inc. makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the website from outside of Canada, you are responsible for compliance with the laws of your jurisdiction as well as our local laws.
Entire Agreement. This TOS is the entire agreement between Now Media Inc. and you.
Law Choice and Venue. This TOS Agreement between you and Now Media Inc. shall be governed by the laws of the Province of Ontario. All legal issues arising from or related to the use of the website shall be construed in accordance with and determined by the laws of the Province of Ontario without regard to conflicts of law provisions. By using this website, you agree that for venue purposes any and all lawsuits, disputes, causes of action, or arbitrations shall be in Waterloo County, Ontario provincial court.
Statue of Limitations. You agree that any claim arising from the use of the website or Services must be filed within one year after such claim or cause of action arose or be forever barred, regardless of any law or statute to the contrary.
Term. This TOS is non-transferable and expires upon your death. All your Materials will subsequently be permanently deleted.
Severability. If any provision of this TOS is for any reason held violative of any applicable law, governmental rule, or regulation, or if the TOS is held to be unenforceable or unconscionable, the invalidity of that specific provision shall not invalidate the remainder of this Agreement. All other provisions and the entirety of this TOS shall remain in full force and effect unless the removal of the invalid provision destroys the legitimate purposes of this TOS in which event this TOS shall be null and void.
Paragraph Headings. Paragraph headings are for reference only and shall not be construed in any way to define, limit or describe the scope or intent of this Agreement or any part thereof.
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