TERMS AND CONDITIONS OF USE
Last updated: January 28, 2016
Welcome to the digital properties of SKUNK Magazine, which include the inter net sites, mobile enabled sites and software applications that you download to view Content (“Software”) of SKUNK Magazine (collectively “SKUNK Magazine Sites” or each a “SKUNK Magazine Site”). Unless a SKUNK Magazine Site or any SKUNK products or services available on a SKUNK Magazine Site (“Services”) have their own terms and conditions of use, you agree to be bound by these terms and conditions (“Terms”) and any other applicable terms of service, policies or guidelines. If you don’t agree to comply with these Terms, then you may not use any SKUNK Magazine Site. In these Terms, “residents of Québec” means residents of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of a SKUNK Magazine Site and the Services. SKUNK Magazine and its affiliates (“SKUNK”, “us”, “we” or “our”) reserve the right, at our sole discretion, to modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of modifications and your continued use of the SKUNK Magazine Sites shall be deemed your acceptance of the modified Terms.
2. REGISTRATION, ACCOUNTS, PASSWORD
Certain of the Services made available on a SKUNK Magazine Site may require registration or subscription. If you choose to register or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that you will not attempt to use the Services under the name of another person. You agree to promptly update any information necessary to ensure that your account is kept accurate, current and complete. You will be responsible for preserving the confidentiality of your account password and will notify us immediately of any known or suspected unauthorized use of your account, and agree to take any reasonable steps necessary to prevent any reoccurrence. You may be held responsible for any loss or damage incurred by us or any other user or visitor to a SKUNK Magazine Site due to another party using your account. If you ever decide to delete your account, you may do so by contacting SKUNK at the contact information specified in Section 22.
Some aspects of the SKUNK Magazine Sites or Services may not be available to you unless the applicable personal computer, gaming device, tablet device, mobile device or other digital device (each, a “Digital Device”) you use to access the SKUNK Magazine Sites or Services and your Internet connection satisfy our minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and internet connection as necessary to meet these requirements. You are responsible for any data/roaming usage and charges you incur to access the Service through an internet connection.
We respect the privacy of the users of the SKUNK Magazine Sites. Our collection, use and disclosure of personal information in connection with a SKUNK Magazine Site are governed by the SKUNK Magazine Privacy FAQ located at www.SKUNKmagazine.com/privacy. Personal information collected in connection with a SKUNK Magazine Site may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
5. OWNERSHIP AND COPYRIGHT
The SKUNK Magazine Sites and all text, information, images, audio, video and other material posted on the SKUNK Magazine Sites (“Content”) is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by SKUNK and/or its affiliates, licensors and related companies. All Content posted on the SKUNK Magazine Sites remains the valuable intellectual property of its owner(s) and you agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
Except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to: (i) the Services and any SKUNK Magazine Sites and each component thereof; and (ii) any Content available through the Services and any SKUNK Magazine Site, are the property of their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties.
You do not acquire any ownership rights in the Content as a result of accessing it. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any licence or other rights in connection with any trademarks or logos appearing on any SKUNK Magazine Site. You may not use any trademark or service mark appearing on any SKUNK Magazine Site without the prior written consent of the rightful owner. SKUNK will aggressively enforce its intellectual property rights to the fullest extent permitted by law, and owners of any other intellectual property rights may also do so against you personally.
6. CONTENT USAGE RESTRICTIONS
The Services and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Services or the Content without the prior written consent of the owner. Unless otherwise permitted through a SKUNK Magazine Site, you may not distribute copies of Content or materials found on a SKUNK Magazine Site in any form (including by email or other electronic means), without the prior written consent of the owner. Of course, you may encourage others to access the information themselves on a SKUNK Magazine Site and to tell them how to find it.
7. LINKING AND FRAMING
We welcome links to the homepage of a SKUNK Magazine Site. You may only establish a hypertext link to the homepage of a SKUNK Magazine Site if: (i) the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by SKUNK or create the false appearance that an entity is associated with or sponsored by us, and (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with us or our trademarks. We do not permit framing or inline linking to a SKUNK Magazine Site or any portion of it.
8. OTHER CONTENTS AND LINKS
You acknowledge that despite the prohibitions contained above, Content posted on SKUNK Magazine Sites by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other sites. We do not have control over Content provided by third parties and assume no responsibility for such Content. Content you access, transmit or download using the SKUNK Magazine Sites is accessed, transmitted and downloaded at your own risk. SKUNK is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. Unless otherwise indicated, those sites have been independently developed by third parties. A link to another site is not an endorsement of that site (nor of any product, service or other material offered on that site) by SKUNK or its content providers or licensors. Any dealings you have with advertisers found while using the Services are between you and the advertiser. You acknowledge and agree that SKUNK is not responsible or liable to you for any content or other materials hosted and served from any site other than a SKUNK Magazine Site.
9. SUBMISSIONS AND POSTINGS
For any content that you upload, post, transmit, distribute or otherwise make available for inclusion on a site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of Contributions that you post. You acknowledge and agree that you are solely responsible for any Contributions you make and any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that: (i) you own those Contributions or otherwise have the right to grant, and do grant, to SKUNK the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed, without any further compensation to the author; and (ii) you waive all moral rights in those Contributions. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to a site. We may also access or preserve your Contributions to comply with legal process in Canada or foreign jurisdictions, operate the Service, ensure compliance with these Terms or any policies, or protect ourselves, our customers or the public. We may, without notice or liability, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, the Terms or our Acceptable Use Policy, which accompanies these Terms and is available at www.SKUNKmagazine.com/terms. SKUNK will not be liable to you for our deletion of any of your Contributions.
10. SUBSCRIPTION CONTENT
Certain Services are only available to users of a SKUNK Magazine Site who have agreed to pay to use the Services on a subscription basis in order to access certain Content (“Subscription Content”). The following terms apply to Subscription Content:
a. Pricing. All prices listed on a SKUNK Magazine Site for the Services are in U.S. dollars unless otherwise stated. Prices and availability of Subscription Content are subject to change at any time.
b. Agreement to Pay. You agree to pay for all Subscription Content subscribed through your account. Payment must be made using a valid and accepted credit card or by charging your purchase to your SKUNK bill. If paying by credit card, you authorize us to charge the credit card that you provide to us the amount representing the price of the Subscription Content that you ordered (plus applicable taxes), which may be a single payment or, if and when available, on a monthly basis, as indicated when you subscribe. If you have pre-authorized payments of Subscription Content on your credit card, you agree to promptly update any information necessary to ensure that the payments are processed and acknowledge that you may not be able to access the Subscription Content if you fail to do so. If your Subscription Content includes a free trial, then you acknowledge that your credit card will be authorized for up to the amount representing the price of the Subscription Content during the free trial, however, your credit card will not be charged until after the end of the free trial. In the event of a credit card chargeback, the Subscription Content will not be accessible until resolution of the chargeback and there will be no refund for the period that your Subscription Content is inaccessible.
c. Additional Terms. Additional terms and conditions applicable to Subscription Content (“Subscription Terms”), including, without limitation, the length of the subscription period and any automatic renewals, will be presented to you prior to subscribing. If you subscribe to Subscription Content, then any applicable Subscription Terms will form part of our agreement with you.
d. Automatic Renewals. Please note that, unless otherwise specified in the Subscription Terms, Subscription Content renews automatically at the end of your subscription period. Before the renewal date, we will notify you of the amount and effective date of the renewal and you will be given the opportunity to cancel your subscription by a prescribed deadline. Unless you notify us by that deadline that you wish to cancel any automatically renewing Subscription Content, you understand your subscription will automatically renew and you authorize us (without further notice to you) to charge the renewal subscription price (plus applicable taxes) to your credit card or SKUNK bill.
e. Refunds. All Subscription Content sales are final: there are no refunds, exchanges or credits for any reason.
f. Multiple users. You agree that your access to Subscription Content may be restricted to simultaneous access on two or fewer distinct devices at one time and we reserve the right to force a log off for your account in the event we determine at any time, in our sole discretion, that your account has been simultaneously logged into on more distinct devices than permitted. You agree that you are solely responsible for any fees, overages, penalties or other costs charged to you by any third party internet, cellular or other communications/data provider.
a. Restrictions. You acknowledge and agree that you have been granted a licence and not a transfer of ownership in the Software. You may not:
i. Rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the Software or use it for any purpose other than in association with the Services;
ii. Reverse engineer, decompile or disassemble any portion of the Software, except and only to the extent that this limitation is expressly prohibited by applicable law;
iii. Copy, modify, alter or tamper with the Software (including without limitation the removal of any copyright or other proprietary notices from the Software) or create any derivative works of the Software; or
iv. Attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms.
b. Data Maintenance, Support, and Software Updates/Changes (if applicable).
i. SKUNK may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, “Support”), in its sole discretion, and may terminate this Support at any time without notice to you.
ii. SKUNK may, without notice or liability, collect non-personal information regarding your Digital Device(s), hardware and software during the installation and/or use of the Software.
iii. SKUNK may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content.
iv. SKUNK may impose limits on certain features and services or restrict your access to parts or all of the Software or the Services without notice or liability.
v. SKUNK, its licensors and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that SKUNK or third parties deem sufficient in their sole discretion at any time, without notice.
vi. Nothing in these Terms imposes upon SKUNK or SKUNK’ licensors any obligation to provide you with new, enhanced or additional Support at any time.
vii. SKUNK may connect remotely to and run scripts on your Digital Device(s). As part of remote Support, SKUNK and its agents will have full access to your Digital Device(s).
c. Multiple Users. You agree to cause all persons who use the Software through your Digital Device(s) to observe and comply with the Terms respecting that use. You further agree that you are solely responsible and liable for any and all breaches of the Terms, whether the breach is the result of use of the Software by you or by any other user of your Digital Device(s).
12. PROHIBITED ACTIVITIES
Your use of a SKUNK Magazine Site, the Service, the Content and any of your Contributions to a SKUNK Magazine Site must comply with these Terms, all applicable laws and our Acceptable Use Policy, which accompanies these Terms and is available at http://www.SKUNKmagazine.com/terms. For greater certainty, the term “Services” in our Acceptable Use Policy includes the Services covered under these Terms.
13. RESPONSIBILITY FOR MINORS
If you have authorized a minor to use a SKUNK Magazine Site or the Services, then you agree to be fully responsible for:
(i) controlling the minor’s access to and use of that SKUNK Magazine Site or the Services; and (ii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a SKUNK Magazine Site and some of the Content may include material that is inappropriate for minors.
14. SUSPENSION AND TERMINATION
a. By SKUNK. SKUNK may at any time, without notice to you, restrict, block, suspend or terminate any or all of your use of a SKUNK Magazine Site (or any portion thereof), the Services or your account if you fail to comply in full with any of these Terms or any other terms, agreements, or policies (including, without limitation, our Acceptable Use Policy) that apply to a SKUNK Magazine Site and the use of it. Any termination will not relieve you of any obligation to pay fees accrued prior to termination.
b. Of the Service. Subject to subsection 14(c) below, SKUNK may at any time, without notice or liability, refund, suspend or discontinue some or all of the Services (or any portion of it). Your right or liability to use Software will terminate automatically if the Services with which the Software is used is terminated or expired. Upon termination of your right to use Software for any reason, you must delete the Software.
c. Subscription Content. SKUNK may discontinue any Subscription Content that you subscribe to upon no less than 30 days’ (if you are a resident of Québec, 60days’) advance written notice to you. Unless otherwise set out in any applicable Subscription Terms, you may terminate your recurring subscription to Subscription Content at any time by notifying us at the email address specified at Section 22. That termination (including your loss of access to the terminated Subscription Content) will be effective as of the date you call us or a future date that you request (if applicable), whichever is later. Not applicable to residents of Québec: You will not be refunded for the portion of any subscription period not completed as of the termination date.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless SKUNK and its affiliates, licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, “SKUNK Parties”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (i) your breach of any provision of these Terms or any applicable Subscription Terms or our Acceptable Use Policy; (ii) your use or misuse of a SKUNK Magazine Site or the Content and the placement or transmission of your Contributions on a SKUNK Magazine Site made by you or others using your account; (iii) your use of or inability to use any Software; or (iv) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. SKUNK may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification shall survive any termination of your right to use a SKUNK Magazine Site and the Services.
16. NO WARRANTIES
All SKUNK Magazine Sites, the Services and all Content, material, information or postings found on or accessed through a SKUNK Magazine Site, are provided on an “as is” basis. To the maximum extent permitted by applicable law, the SKUNK Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, for a SKUNK Magazine Site, the Services or the Content contained in or accessed through a SKUNK Magazine Site. To the maximum extent permitted by applicable law, none of the SKUNK Parties makes any representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of a SKUNK Magazine Site, the Services or the Content contained in or accessed through a SKUNK Magazine Site, including, without limitation, the contents, transmission or delivery of any Content, information, material, or posting found on a SKUNK Magazine Site, any services provided through a SKUNK Magazine Site (including the Services), or any links to other sites made available on a SKUNK Magazine Site or the content contained on those site(s), or, for Software, the operation of the Software or any feature of the Software. To the maximum extent permitted by applicable law, none of the SKUNK Parties makes any representations or warranties that a SKUNK Magazine Site or access to and use of a SKUNK Magazine Site will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components. For Software, to the maximum extent permitted by applicable law, all representations, warranties and conditions of any kind, express or implied, are excluded including any related to completeness of response, results and workmanlike effort for the Software. You expressly agree that use of a SKUNK Magazine Site and the Services are at your sole risk.
17. PROFESSIONAL INFORMATION DISCLAIMER
The SKUNK Magazine Sites may make available certain information provided by us or third parties related to various professional fields such as, without limitation, law, accounting, financial planning, pharmaceuticals, medicine and other health and fitness related matters (“Professional Information”). The Professional Information available on the SKUNK Magazine Sites is: (a) for information purposes only and not intended as advice; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by SKUNK or its affiliates; and (c) not necessarily reflective of the views or policies of SKUNK and its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents. The Professional Information on the SKUNK Magazine Sites is not guaranteed and no representations or warranties can be made as to the accuracy or completeness of the information provided as part of the SKUNK Magazine Sites. We try to ensure that the information posted on the SKUNK Magazine Sites is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the SKUNK Magazine Sites at any time and without any prior warning. The Professional Information provided should not be interpreted as professional advice and does not replace the opinion of a qualified professional. You expressly agree that your use of, or reliance on, any Professional Information is at your sole risk. You further agree that SKUNK and its affiliates will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
18. THIRD PARTY MERCHANDISE AND/OR PRODUCTS
a. We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from a SKUNK Magazine Site or Service.
b. Images available on or through a SKUNK Magazine Site or Service, including without limitation Content, of third-party merchandise and/or products, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
c. The SKUNK Parties make no representations, warranties, or guarantees with respect to any of the third party merchandise and/or products, featured, mentioned, described, distributed, sold, or otherwise available on or through a SKUNK Magazine Site or Service, including without limitation Content. All transactions for merchandise and/or products shall be between the user and the third party seller, distributor, or manufacturer without any involvement of SKUNK. These third parties may require that you agree to their additional terms, conditions, contracts, agreements, and/or rules.
d. Nothing on the SKUNK Magazine Sites or Services, including without limitation Content, constitutes a binding offer to sell or distribute any third-party merchandise and/or products. If you purchase or order third-party merchandise and/or products, through a SKUNK Magazine Site or the Services, note that the SKUNK Parties have no control over, or assume responsibility for, the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such merchandise and/or products, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such merchandise and/or products.
e. You agree that the SKUNK Parties are not responsible, and shall have no liability to you, with respect to merchandise and/or products, featured, mentioned, described, distributed, sold, or otherwise available on or through a SKUNK Magazine Site or Service, including without limitation Content.
19. LIMITATIONS OF LIABILITY
a. Not applicable to residents of Québec: To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall any of the SKUNK Parties be liable to you or any third party for:
i. any direct, indirect, incidental, special, consequential, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the Support for any Software, the use of, or the inability to use, a SKUNK Magazine Site, the Services or any Content, information, material, or postings on a SKUNK Magazine Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of damages. You specifically acknowledge and agree that none of the SKUNK Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
ii. any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. These limits apply to any act or omission of any of the SKUNK Parties, whether or not those acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statute or pursuant to any other doctrine of law.
b. Applicable only to residents of Québec: Except for damages resulting from a SKUNK Party’s own act, the SKUNK Parties will not be liable to you or any third party for:
i. any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security or property damage) or any loss that results from the Support for any Software, the use of, or the inability to use, a SKUNK Magazine Site, the Services or any Content, information, material, or postings on a SKUNK Magazine Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. You specifically acknowledge and agree that none of the SKUNK Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
ii. any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
Not applicable to residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, under statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
- these Terms, including, without limitation, any license granted under these Terms;
- the Services or a SKUNK Magazine Site;
- oral or written statements, advertisements or promotions relating to these Terms, the Services or a SKUNK Magazine Site; or
- the relationships that result from these Terms.
Not applicable to residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator under the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. SKUNK will pay all reasonable costs associated with that arbitration. Any arbitration will be conducted in accordance with our Arbitration Protocol, which is available at www.SKUNKmagazine.com/terms.
21. OTHER IMPORTANT TERMS
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any applicable Subscription Terms, any other documents referenced herein and any rules, policies, guidelines or other agreements posted on a SKUNK Magazine Site by SKUNK constitute the entire agreement between SKUNK and you for your use of a SKUNK Magazine Site and the Services. Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either SKUNK or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained in these Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. If any portion of these Terms is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect SKUNK’ original intentions and the remainder of the provisions shall remain in full force and effect. Neither the course of conduct between you and SKUNK nor trade practice shall act to modify any provision of these Terms. These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on your and SKUNK’ respective successors and assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent. The provisions of Sections 14-21 shall survive termination of the Service.
If you are dissatisfied with a SKUNK Magazine Site or with these Terms, then your sole remedy is to stop using SKUNK Magazine Sites.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
22. CONTACT AND NOTICES
To contact SKUNK in connection with these Terms or the SKUNK Magazine Sites, send an e-mail to firstname.lastname@example.org or write to SKUNK Magazine Web Customer Care, 1500 Mazurette Street, Montreal, QC, H4N 1H2, Canada.
ACCEPTABLE USE POLICY
Please direct any questions or comments regarding this Acceptable Use Policy (“AUP”) and complaints of violations of this AUP by subscribers info@SKUNKmagazine.com. Except where otherwise indicated, “you” and “your” means you and every person who uses the Services through your account.
When using our services, the Equipment, our facilities or networks and any products, content, applications or services in conjunction with the Services or Equipment, you must comply with all applicable laws, and our policies, rules and limits including this AUP. This AUP supplements and is incorporated into the SKUNK Terms of Service (the “Terms”), which accompanies this AUP. It is also available at www.SKUNKmagazine.com/terms. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY SKUNK THAT YOU ARE TERMINATING THE SERVICES.
Without limitation, you may not use (or allow anyone else to use) our Services to:
(i) use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
(ii) participate in any illegal soliciting or gaming schemes;
(iii) attempt to use the Services in such a manner so as to avoid incurring charges for usage;
(iv) participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
(v) access the Internet via the Services using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by us;
(vi) invade another person’s privacy, collect or store personal data about other users, or stalk or harass another person or entity;
(vii) access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as “packet sniffers”
(viii) upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightholder;
(ix) use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes;
(x) copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
(xi) alter, reproduce, or tamper with the Services or any function, component or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
(xii) restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our networks, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing mass or unsolicited e-mail (“spam”) or other messages, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
(xiii) disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Services, any transmissions or data;
(xiv) interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;
(xv) use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent;
(xvi) operate a server in connection with the Services, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
(xvii) impersonate any person or entity, including, without limitation, a SKUNK official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; or
(xix) port scan a person’s computer or wireless device without that person’s consent, or use any tools designed to facilitate these scans.
Unlawful or Inappropriate Content
Any SKUNK Party reserves the right to move, remove or refuse to post any content, in whole or in part, that it, in its sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this AUP. This includes, without limitation:
(i) obscene, profane, pornographic content;
(ii) defamatory, fraudulent or deceptive statements;
(iii) threatening, intimidating, abusive or harassing statements;
(iv) content that violates the privacy rights or intellectual property rights of others;
(v) content that unlawfully promotes or incites hatred;
(vi) content that is otherwise offensive or objectionable; or
(vii) any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.
For purposes of this AUP, “content” refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.
As set out above, you are responsible for any misuse of the Services, by you or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including, without limitation, wireless networking and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash?” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, SKUNK recommends against enabling file or printer sharing of any sort. SKUNK recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate. You agree to treat as confidential all access codes, personal identification numbers and/or other passwords that we may provide to you for use with the Services.
As set out above, the Services may not be used to send unsolicited, bulk or commercial messages or for any other unsolicited communications. This includes, without limitation, using automatic dialing and announcing devices to or otherwise make unsolicited voice or facsimile calls and bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such communications may only be directed to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. You may not reference any SKUNK network (for example, by including “Organization: SKUNK” in the header or by listing an IP address that belongs to a SKUNK network) in any unsolicited e-mail even if that e-mail is not sent through a SKUNK network. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. SKUNK is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at SKUNK’ sole discretion.
User-Generated Content Services
“User-Generated Content Services” or “UGC Services” refers to any services that allow an end user to post, upload or generate content online to be shared with a limited or unlimited number of recipients and may include, without limitation: newsgroups, online forums, message boards, chat programs, wiki’s, photo sharing services, customer review sites, video sharing services, blogs and web hosting.
Any User-Generated Content Services accessed through the Services must be used in accordance with the following:
(i) you must comply with the UGC Service’s written charter, policies or FAQs;
(ii) you may only post advertisements, solicitations, or other commercial messages in the UGC Service if that service’s charter, policies or FAQs explicitly permit them;
(iii) you are responsible for determining the policies of the UGC Service before using it;
(iv) you must adhere to daily volume, file size and format restrictions of any UGC Service;
(v) unless otherwise specified in the UGC Service’s charter, policies or FAQs, you must not forge, alter or remove any information from the UGC Service;
(vi) the SKUNK Parties have no obligation to monitor the content of any UGC Service and the SKUNK Parties are not liable for any claims, losses, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses arising out of or relating to the content of any such service;
(vii) you must not use the UGC Service to perform “flooding”, which refers to deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text or other content;
(viii) any computer or other device connected through the Services may not maintain more than two simultaneous chat connections including, without limitation, the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device;
(ix) you must not use the Services to send messages that disrupt another Internet user’s equipment, software, hardware or user display; and
(x) you must not forge, alter or obscure your identity (other than using a nickname) while participating in the UGC Service.
Bandwidth, Data Storage and Other Limitations
You must comply with the then current bandwidth, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Services, nor represent (in the sole judgment of SKUNK) an unusually large burden on our networks. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede SKUNK’ ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of SKUNK. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal access to and use of the Internet. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.
Your use of the Services may be subject to a usage limit, as set out in your Service Agreement. If you exceed that limit, you may be subject to additional usage charges. See www.SKUNKmagazine.com/uselimits for the current usage allowance for your Services.
We reserve the right to manage our networks in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers. For details on our network management practices, visit www.SKUNKmagazine.com/networkpolicy.
Violation of this Acceptable Use Policy
As set out in the Terms, we have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this AUP, any of the SKUNK Parties may take any responsive actions they deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. The SKUNK Parties will have no liability for any such responsive actions. The above described actions are not exclusive remedies and the SKUNK Parties may take any other legal or technical action deemed appropriate. Upon termination of an account, any of the SKUNK Parties are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the governing law provision set out in the Terms.
Please direct any complaints of violations of this AUP to info@SKUNK.com or contact us at 1-866-37-SKUNK. Questions or complaints, concerning third party content should be addressed to the applicable content provider.
SKUNK Magazine © 2016