Terms and conditions

CONDITIONS OF USE FOR TRANSCONTINENTAL MEDIA'S INTERNET SITES

PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING TRANSCONTINENTAL MEDIA'S INTERNET SITES. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.

1. ACCEPTANCE OF CONDITIONS OF USE

1.1. By using one of Transcontinental Media's Internet sites, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and Transcontinental Media.

1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.


2. PREMISES

2.1. Transcontinental Media operates its Internet sites from its offices in Canada. Transcontinental Media does not make any representation to the effect that all items on its Internet sites may be used in other locations. People who access Transcontinental Media's Internet sites do so at their own initiative and are responsible for complying with all laws applicable to them.

2.2. By using Transcontinental Media's Internet sites, you acknowledge and agree that these conditions of use are governed by laws applicable in the Province of Quebec and that any litigation ensuing from, or related to, the use of Transcontinental Media's Internet sites and services will be subject to the jurisdiction of the Courts of the District of Montreal, Province of Quebec.


3. CHANGES IN INTERNET SITES

3.1. Transcontinental Media may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. Transcontinental Media may also impose limits on certain items or restrict the access to certain sections of its Internet sites without prior notice and without incurring its liability.


4. PERSONAL USE

4.1. All the items contained in Transcontinental Media's Internet sites are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in Transcontinental Media's Internet sites for commercial or advertising purposes without the written consent of Transcontinental Media.

5. REGISTRATION AND SECURITY

5.1. When you register, you must select a password and a user name. You cannot (i) choose or use someone's password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person's authorization; or (iii) use a password or a user name that Transcontinental Media, at its sole discretion, considers offensive.

5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify Transcontinental Media as soon as possible by e-mail (wecare@mochasofa.ca). Any known or suspected use of your account, or of any known or suspected breach of security.

5.3. You are responsible for any use of your accounts on Transcontinental Media's Internet sites. Transcontinental Media cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.


6. FEES AND PAYMENTS

6.1. Transcontinental Media reserves the right to charge fees for future access to its Internet sites, or any section thereof. If Transcontinental Media should charge new fees for access to any section of its Internet sites, it will notify you in advance in case you would like to close your account.


7. CHAT ROOMS AND BULLETIN BOARDS

7.1. Since any communications which are part of chat rooms and bulletin boards are public and not private, you should abide by the rules set forth below:

7.1.1. Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, abusive or otherwise illegal content.

7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.

7.1.3. Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. Transcontinental Media encourages lively discussions and debates in its chat rooms. Moreover, personal attacks are a breach of these conditions of use.

7.1.4. No one should use chat rooms or bulletin boards to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe other peoples' rights or their enjoyment of the chat rooms or bulletin boards are also prohibited.

7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to Transcontinental Media.

7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to Transcontinental Media (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to Transcontinental Media, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work.

7.4. You acknowledge and agree that you are personally liable for the content of your messages to chat rooms or bulletin boards on Transcontinental Media's Internet sites, and for the consequences thereof.

7.5. Transcontinental Media reserves the right, at its sole discretion, not to publish or to withdraw any materials transmitted by a user on any of its Internet sites. In addition, this remains an option and not an obligation.

7.6. Transcontinental Media does not make any declaration concerning the control over the material available on its Internet sites. Transcontinental Media is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the conditions of use of any materials provided by its users.


8. LINKS

8.1. Transcontinental Media's sites contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave Transcontinental Media's sites. Transcontinental Media has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and Transcontinental Media cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on Transcontinental Media's Internet sites should not in any way be interpreted as an endorsement by Transcontinental Media and does not incur its liability in any way. Transcontinental Media cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.

9. INTELLECTUAL PROPERTY

9.1. The trademarks and logos used or posted on Transcontinental Media's Internet sites are trademarks and logos registered or not by Transcontinental Media or third parties. Nothing on Transcontinental Media's Internet sites may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on Transcontinental Media's Internet sites for commercial or advertising purposes or to increase the number of visitors to your site.

9.2. All the items on Transcontinental Media's Internet sites (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to Transcontinental Media or third parties acting as content providers. Except for certain clearly stated exceptions, no items on Transcontinental Media's Internet sites must be interpreted as giving you any right whatsoever with regard to the intellectual property of Transcontinental Media or of a third party acting as a content provider.

9.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on Transcontinental Media's Internet sites (including any software), in whole or in part.

9.4. You can download or copy only for your personal use for non-commercial purposes items from Transcontinental Media's Internet sites provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of Transcontinental Media or the holder of the copyrights identified in the notice of intellectual property.

10. REPRESENTATIONS AND WARRANTEES

10.1. You hereby indemnify, defend and hold Transcontinental Media, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as "Transcontinental Media") harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by Transcontinental Media related to any claim, proceeding, action or stay ("Claim") ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. Transcontinental Media reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.

11. LIMITATION OF LIABILITY

11.1. Transcontinental Media's Internet sites and the items they contain are offered to you on an "as is" basis and at no charge by Transcontinental Media, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, Transcontinental Media makes no representations about the comprehensive nature of the results of your searches conducted on its Internet sites. You hereby acknowledge and agree that your use of Transcontinental Media's Internet sites is at your own risk.

11.2. Transcontinental Media makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet sites by any user, content provider or other person.

11.3. Transcontinental Media disclaims all liability related to any error which may be found on its Internet sites. Thus, Transcontinental Media and any third party providing content on Transcontinental Media's Internet sites, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of Transcontinental Media's Internet sites, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.


12. CANCELLATION

12.1. You can cancel your account at any time by accessing the "My Account" section of the site at the following address: www.canadiangardening.com.

12.2. Transcontinental Media can, at its sole discretion, cancel or suspend your account to its Internet sites in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.

13. HOW TO CONTACT US ABOUT THIS POLICY

13.1. Should you have a claim related to a copyright infringement of any of the materials contained in Transcontinental Media's Internet sites, or for any other correspondence, you can reach us at the following address:

Transcontinental Media www.canadiangardening.com

Street Address
1 Place Ville Marie
Extended Address
Suite 3315
Locality
Montreal
Region
Quebec
Country
Canada
Postal Code
H3B 3N2
e-mail:
Fax
+1 514 954-2802

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