Citytv Legal Statement - Terms and Conditions of Use

Introduction

Welcome to the Internet sites of Citytv, a division of Rogers Broadcasting Limited (each referred to as a "Site"). Citytv and Rogers Broadcasting Limited, and all of its divisions, affiliates and subsidiaries are referred to herein as "we," "us," or "our".

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time. Please check these terms and conditions of use periodically for changes. Your continued use of this Site following the posting of changes to these terms and conditions of use constitutes your acceptance of those changes.

Trade-marks and Copyrights

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Rogers Broadcasting Limited. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading ant Material. The use of any Material on any other web site is prohibited.

Privacy

The use of this Site is subject to the Privacy Policy of the Rogers group of companies, which form a part of these terms and conditions of use.  Please refer to the Rogers Media Privacy FAQ for detailed information on the Rogers privacy policy.

Linked Web Sites

As a service to visitors to this Site, we may include links to other web sites over which we have no control. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION.

We reserve the right to disable links to and from this Site.

Forums

"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this Site or a mobile program operated by us. If you participate in any Forum, you must not:

• commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
• defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
• publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
• delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
• falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
• advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
• download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner; or
• engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.

You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Visitors shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this Site without notice.

By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.  You warrant to us that our use of the content will not infringe upon the rights of any party, including copyright, defamation, privacy or right of publicity.

Disclaimer and Limitation of Liability

THIS SITE AND THE INFORMATION OR MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO DO PROVIDE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE.

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO INDEMNIFY US AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ABSOLUTELY HARMLESS FROM ANY CLAIM ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, INCLUDING YOUR POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO ANY FORUM OR TO THIS SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE. IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.

Governing Law and Jurisdiction

This Site is controlled by us from our offices within the Province of Ontario, Canada, and is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws.

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard or giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions of use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

English shall be the language of this Site, and all transactions occurring in connection with this Site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

No Solicitation

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.