TERMS OF USE
Acceptance of Terms Through Use
This website is owned and operated by Kids Can Press Ltd., a
Corus Entertainment company (referred to as “we”,
“us” or “our” herein) for your personal
entertainment, information, education and communication. We
welcome you to browse our site (the “Site”), but
want you know that your access to, and use of, the Site is
subject to the following terms and conditions (“Terms and
Conditions”) and all applicable laws. By accessing and
browsing the Site, you accept, without limitations or
qualification, the Privacy Policy Statement “Privacy
Policy” and the Terms and Conditions. IF YOU ARE USING
THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU
ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE
COMPANY AND YOU ACKNOWLWDGE THE RIGHTS TO USE THE SITE WHICH ARE
GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE
EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED
PERSONNEL OF THE COMPANY. We will have the right at any time to
modify or add to these Terms and Conditions effective
immediately upon notice thereof, which may be given by any
means, including but not limited to posting a revised version of
there Terms and Conditions on the Site. If any such change is
unacceptable to you, you may discontinue your use of the Site.
You agree to periodically review the Terms and Conditions to be
aware of such revisions. Your use of the Site may also be
subject to additional or different terms and conditions imposed
by third party content providers in connection with third party
contents or services accessible through the Site.
We welcome you to browse our Site, but want you to know that
your access to, and use of, the Site is subject to the following
terms and conditions ("Terms and Conditions") and all applicable
laws. By accessing and browsing the Site, you accept, without
limitation or qualification, the Terms and Conditions. IF YOU
ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT
THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF
OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE
SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS
AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH
AUTHORIZED PERSONNEL OF THE COMPANY. We will have the right at
any time to modify or add to these Terms and Conditions,
effective immediately upon notice thereof, which may be given by
any means, including but not limited to posting on the Site a
revised version of these Terms and Conditions. If any such
change is unacceptable to you, you may discontinue your use of
the Site. You agree to periodically review the Terms and
Conditions to be aware of such revisions. Your use of the Site
may also be subject to additional or different terms or
conditions imposed by third party content providers in
connection with third party content, products or services
accessible through the Site.
Links to Third Party Sites & Services
Kids Can Press' site may contain links to and from sites
operated by third parties. Kids Can Press makes no
representations whatsoever about any third party content that
you may access from the Site or about any web site from which
you may access the Site and/or which may be linked to this Site.
We provide third party content and links only as a courtesy to
our users, and such links / content do not imply our endorsement
of any linked site / content. The linked sites / content are not
under our influence or control, and we are not responsible for
any third party content or the contents of any linked site or
subsequent links from that site. Our Privacy Policy is only
applicable when you are on this Site. Please review the
streaming provider's and the linked site's use agreements and
privacy policies, and if you do not agree to be bound by the
Terms and Conditions herein, we recommend that you terminate
your use of that service or your visit to the site.
Intellectual Property
The Site contains material which is protected, nationally and
internationally, by copyright and/or trademark laws. No material
(including without limitation the text, images, audio and or
video from
http://www.kidscanpress.com
or any Website owned, operated licensed or controlled by us
and/or our affiliates and no software (including without
limitation any images or files incorporated in or generated by
the software or data accompanying such software) (individually
and collectively the “Materials”) may be copied,
reproduced, republished, uploaded, downloaded, posted,
transmitted, or distributed in any way or decompiled, reverse
engineered or disassembled, except that you may download one
copy of only such Material which is expressly so designated, and
in such event only on any single computer for your personal non-
commercial home or school use only provided you keep intact any
and all copyright and other proprietary notices. Modification of
the Materials or use of the Materials for any other purpose is a
violation of our and/or one or more third party’s
copyright, trademark and/or other proprietary rights. The use of
any such Materials on any other Website or networked computer
environment is prohibited without our express written consent.
If you download software from the Site, the software, including
any files and or images incorporated in or generated by the
software, and data accompanying the software (collectively the
“Software”) are licensed to you by us. We do not
transfer title to the Software to you. You own the medium on
which the Software is recorded, but we retain full and complete
title to the Software, and all intellectual property rights
therein. You may not resell, decompile, reverse engineer,
disassemble or otherwise reduce the Software to a
human-perceivable form.
Lawful Use
You agree to use the Site or its contents for lawful purposes
and only as expressly permitted in these Terms and Conditions
and for no other purpose. Except where otherwise noted, you may
download, print or view individual pages for noncommercial use
only, provided you do not delete or change any of the
information, including copyright or trademark notices. Except as
otherwise permitted herein and as we may expressly authorize,
you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from the content
or materials on the Site or otherwise in any way exploit any of
the content of the Site, in whole or in par or violate or
infringe in any way upon the rights of others, or do or cause to
be done anything which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, or that which
encourages conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violate any law, or
which, without Kids Can Press' express prior approval, contains
advertising or any solicitation with respect to products or
services. Any conduct by you that in our discretion restricts or
inhibits any other user from using or enjoying Kids Can Press
will not be permitted.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE
(THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO
DOWNLOAD AT YOUR SOLE RISK. KIDS CAN PRESS DOES NOT IN ANY WAY
WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. KIDS CAN PRESS, INCLUDING EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR
LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY
SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL
RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KIDS CAN PRESS, INCLUDING ITS
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES
IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR
FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS
INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Kids Can Press
including its employees, officers, directors, shareholders,
agents, consultants and licensees harmless from and against any
and all liabilities, claims and expenses, including attorney's
fees, that arise from your use or misuse of the Site or the
Content therein, including without limitation your violation of
the Terms and Conditions herein. We reserve the right, at our
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available
defenses.
Disclaimer
Your use and browsing of this Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or
with any of these Terms and Conditions, your sole and exclusive
remedy is to discontinue accessing the Site. We do not warrant
that the functions contained in the Materials will be
uninterrupted or error free, and/or that all defects will be
corrected. We do not warrant or make any representations
regarding the use or results of the use of Materials in the Site
in terms of their correctness, accuracy, reliability or
otherwise. You (and not us) assume the entire cost of all
necessary servicing, repair or correction. Certain
disclaimers/limitations herein may be superseded by applicable
local law.
International Use
By choosing to access the Site from any location other than
Canada, you accept full responsibility for compliance with all
local laws that are applicable. Accessing the materials on the
Site from territories where their contents are illegal is
prohibited.
Security Precautions
The services and information provided are protected using
industry standard security precautions. It is up to you to fully
understand the risks and threats of using the public Internet,
and to be sufficiently aware of those risks to adequately
protect your confidential information. Kids Can Press provides
information regarding security and privacy in our Privacy
Policy. This document is provided as a guideline only, and it is
up to the user to remain current and exercise care when using
the Internet. You should seek professional advice on protecting
your privacy and evaluating the security of the information
systems you are using.
Choice of Law
This Agreement shall be construed in accordance with the laws of
the Province of Ontario, and the Federal laws of Canada
applicable therein, without regard to its conflict of laws
rules. You expressly agree that any claim or action arising out
of or relating to these Terms and Conditions or your use of the
Site shall be filed only in the courts of the Province of
Ontario or the Federal Court of Canada, if applicable, and you
further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any
such claim or action.
Integration and Severability
These Terms and Conditions and our Privacy Policy constitute the
entire agreement between Kids Can Press and you with respect to
the Site and supersedes all prior or contemporaneous
communications and proposals between us with respect to the
Site. If any provision of these Terms and Conditions agreement
is determined to be invalid or unenforceable, all other
provisions shall remain in full force and effect. The section
headings used herein are for convenience only and shall not be
given any legal import.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal
activities. Kids Can Press reserves the right, in our sole
discretion, to terminate your access to all or part of the Site,
with or without notice and for any reason whatsoever. Privacy
and Disclosure You have read and accept the terms of our
Privacy Policy.