Living Downstream  Walking Upstream

Terms of Use

Please read these Terms of Use carefully before using this website (“Site”) and print a copy for your records. This Site is provided to you by The People’s Picture Company Inc. (“The PPC”). Your access to and use of this Site is subject to these Terms of Use. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site. The PPC may, at its sole discretion, modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

 

Availability

The services and functionalities provided on this Site (including without limitation the Member Profiles,  Personal Messaging and Emailing functions, Sharing Resources, Discussion Forums, Mailing List, Order the DVD, Log Your Action, and any other interactive pages available through this Site) are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.

 

Reliance On Information

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at The PPC’s sole discretion.

 

Changes to this Site

Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

 

Privacy Policy

The PPC’s personal information practices on this Site are governed by The PPC’s privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

 

Links

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of The PPC or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

Your Obligations

  1. Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.
  2. You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (ii) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors;
  3. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise The PPC of any unauthorized use of your password.
  4. The PPC makes no representation or warranties that materials in this Site are appropriate or available for use outside of Canada. If you are accessing this Site from outside of Canada, you are doing so on your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable. The products referred to on this Site may not be available outside of Canada.

 

Your Materials

Messages submitted to this Site by electronic mail, direct upload, or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and The PPC other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights regarding Your Materials described below.

 

You may from time to time post information, resources, documents, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Materials”) on this Site or transmit Your Materials to The PPC through this Site. You understand and agree that The PPC may, at its sole discretion, decide not to post Your Materials on this Site or make modifications to Your Materials prior to posting them. You further understand and agree that The PPC does not accept unsolicited film, television, or interactive/web based content proposals. The PPC therefore assumes no responsibility for reviewing unsolicited ideas for its business and will not incur any liability as a result of any coincidental similarities between your ideas and/or Your Materials and future The PPC products or programs.

 

Sharing Your Materials on the Site is confirmation of your willingness to have Your Materials viewed, used, modified, reproduced and distributed by other users of the site. This means that The PPC has no obligation to treat Your Materials confidentially. You hereby grant to The PPC and all members of the Site a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-license any such rights. You hereby waive all moral rights that you may have in Your Materials.

 

You represent and warrant that you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party.

 

Contests and Coupons

This Site may run contests from time to time. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules as well as the terms set out in these Terms of Use.

 

All coupons provided on this Site are subject to the terms and conditions applicable to such coupons.

 

Intellectual Property

The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “PPC Materials”), are the property of The PPC and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. The PPC’s name, design and related marks are trade-marks of The People’s Picture Company Inc. © 2010 The People’s Picture Company Inc. All rights reserved.

 

The PPC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the PPC Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such PPC Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any PPC Materials to any third party (including, without limitation, the display and distribution of PPC Materials via a third party website) without the express prior written consent of The PPC. Unless expressly permitted herein, any use of PPC Materials is only permitted with the express written permission of The PPC and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

 

Forward Looking Statements

This Site may contain forward-looking statements that are based on current expectations, estimates, forecasts and projections about the industries in which The PPC operates and beliefs and assumptions made by the management of The PPC. Such statements include, but are not limited to, statements with respect to The PPC’s objectives and goals, as well as statements with respect to The PPC’s beliefs, plans, objectives, expectations, anticipations, estimates and intentions. Words such as “expect”, “anticipate”, “intend”, “attempt”, “may”, “will”, “plan”, “believe”, “seek”, “estimate”, and variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and involve assumptions and risks and uncertainties that are difficult to predict. In particular, these forward-looking statements are based on a variety of factors and assumptions including, but not limited to: the condition of the Canadian and United States economies; the magnitude of the rate of change of the Canadian dollar versus the U.S. dollar; the availability and prices of raw materials, energy and supplies; product pricing; the competitive environment and related market conditions; improvement of operating efficiencies; continued access to capital; the cost of compliance with environmental and health standards; adverse results from ongoing litigation; and no expected actions of domestic and foreign governments. These assumptions have been derived from information currently available to The PPC including without limitation information obtained by The PPC from third-party industry analysts. These assumptions may prove to be incorrect in whole or in part. In addition, actual results may differ materially from those expressed, implied or forecasted in such forward-looking statements. The PPC does not intend, and The PPC disclaims any obligation, to update any forward-looking statements, whether written or oral, or whether as a result of new information, future events or otherwise except as required by law.

 

Disclaimer of Warranties

This Site, its contents, the PPC Materials, and any products, functionalities and services offered or contained herein are provided on an "as is" basis and on an "as available" basis. The PPC makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to this site, its contents, the PPC Materials or such links, products, functionalities and services offered or contained herein, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, products, functionalities or services provided through this site. In addition, The PPC does not provide any representation, warranty, guarantee or condition that the information accessible via this site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.

 

You understand and agree that products displayed on this Site may not reflect actual packaging.

 

Limitation of Liability

In no event shall The PPC and its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any PPC materials; any materials provided by other parties; any information, qualification and recommendations appearing on this site; any links, products, functionalities or services offered through, contained in or advertised on this site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this site whether or not arising from breach of contract, tort, civil liability or otherwise and even if maple leaf foods has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law.

 

You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and your materials. The PPC shall not be responsible for Your Materials or the materials of any other users submitted to this site.

 

Indemnification

You agree to indemnify and hold harmless The PPC and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.

 

Termination

The PPC may at any time and at its sole discretion terminate your right to use this Site.

 

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, with the exception of agreements with residents of Quebec in which case these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario except for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.

 

General

These Terms of Use constitute the entire agreement between you and The PPC with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. No failure by The PPC or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 7, 9, 10, 11, 12, 13, 15 and 16 shall survive the termination of your right to use this Site.

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