Terms and Conditions
Blue Ant Media
Last Updated: May 19, 2016
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A BLUE ANT MEDIA SITE OR BLUE ANT MEDIA SERVICE.
Welcome to the Internet websites of Blue Ant Media Inc. and its subsidiaries and affiliates (collectively, “Blue Ant Media“). These Terms and Conditions apply to all Blue Ant Media Internet sites which reference these Terms and Conditions. These include, without limitation, AUX.TV, bemakeful.com, HIFI.ca, Smithsonianchannel.ca, travelandescape.ca, cottagelife.com, outdoorcanada.ca, radX.ca, blueantmedia.ca, lovenature.com. (each a “Blue Ant Media Site” and collectively the “Blue Ant Media Sites“). By using a Blue Ant Media Site, or any product or service (collectively the “Services” or the “Blue Ant Media Services“) available on a Blue Ant Media Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Blue Ant Media Site or Service, all as may be modified by Blue Ant Media from time to time in its sole discretion (collectively the “Terms and Conditions“).
If you do not agree with these Terms and Conditions, you may not use a Blue Ant Media Site or any of the Services on a Blue Ant Media Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of a Blue Ant Media Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.
2. Site Registration, Accounts and Security
Certain of the Services may allow you to create an Account using valid credentials from Facebook or Google (or a similar service) (hereinafter “Third Party Service”) account. If you choose to create an Account in this manner, you acknowledge that the Third Party Service account is your own and that you are in compliance with any and all applicable Terms and Conditions of the Third Party Service. Blue Ant Media reserves the right to terminate your Account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of these Terms and Conditions, as more further described in section 13 below.
As part of the Account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. We also recommend you change your password on a regular basis.
If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. Blue Ant Media will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your Account through any means, and disclaims any responsibility in this regard.
3. Site Content
a. Restrictions on Use of Materials
All material, information and content (collectively “Content“) available on a Blue Ant Media Site, including without limitation the manner in which such Content is presented, and the Blue Ant Media Services are: © 201_ Blue Ant Media, its affiliates and/or licensors and all rights are reserved. The Content and the Blue Ant Media Services are protected by Canadian and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through a Blue Ant Media Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Blue Ant Media.
AUX, Makeful, Cottage Life, Travel and Escape, Smithsonian Channel, Outdoor Canada, radX, HiFi, Blue Ant and Love Nature and all associated designs and logos are trade-marks of Blue Ant Media All other product, brand and company names and logos used or mentioned on a Blue Ant Media Site or any Blue Ant Media Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Blue Ant Media Site or any Blue Ant Media Service without the express written consent of the owner of the trade-mark is strictly prohibited.
Please note that certain links on a Blue Ant Media Site may take you to other websites. Blue Ant Media provides these links only as a convenience and not as an endorsement by Blue Ant Media. These linked sites are not necessarily under the control of Blue Ant Media If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Blue Ant Media is not responsible for the content of any such linked sites or any other web page which is not part of a Blue Ant Media Site and under Blue Ant Media’s control. Unless otherwise expressly provided, Blue Ant Media makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Blue Ant Media will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Blue Ant Media Site.
4. Site Conduct
a. Legal Compliance and Monitoring
b. Prohibited Conduct
You agree not to:
a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Blue Ant Media Site or any Blue Ant Media Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Blue Ant Media Site, any Blue Ant Media Service or the Internet;
b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
c. Forum Conduct
By uploading materials to any chat board or forum available on a Blue Ant Media Site (collectively “Forums“) or otherwise submitting any materials to us through any other content generating or submitting service on a Blue Ant Media Site, you automatically grant (or warrant that the owner of such materials expressly grants) Blue Ant Media a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
Blue Ant Media is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Blue Ant Media reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
d. User Content Policy
As a Logged-in User, you may use certain of the Services on certain Blue Ant Media Sites to create text, to upload certain files or embed certain files, including but not necessarily limited to video clips, sound recordings, written posts and comments, information, other text (including but not limited to hyperlinks), data, photographs, and graphics, and other interactive features generated, provided, or otherwise made accessible on or through the Services (the “User Content”). By creating, then submitting and / or uploading User Content, you agree to be bound by the Blue Ant Media policy for User Content as described in this section (the “User Content Policy”). If you do not comply with the User Content Policy, your access to the Services may be terminated as more fully described in section 13 of these Terms and Conditions. When you submit User Content, and without limiting the generality of the Prohibited Conduct sub-section found in this section of the Terms and Conditions, you acknowledge and agree to the following:
(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text or photographs or video clips or other User Content submitted are your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blue Ant Media to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms and Conditions;
(ii) You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Blue Ant Media, you hereby grant Blue Ant Media a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, edit, modify, translate, copy, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content (or any portion thereof, or any derivative works thereof), including your name or username associated with your User Content, in connection with the Services and / or Blue Ant Media ‘s business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any and all media channels (whether known or unknown) without any compensation to you. You understand and agree that Blue Ant Media may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You hereby waive any moral rights you may have in your User Content, and acknowledge that Blue Ant Media may modify or adapt your User Content for display or distribution purposes. You grant other users of the Services and / or visitors to a Blue Ant Media Site a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these Terms and Conditions;
(iv) The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media (whether known or unknown) as applicable;
(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that contains any adult content; or upload any User Content that contains viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam, or other harmful or disruptive component; and
(vi) You will not include in User Content links to any third party website that is a spam or phishing website, to any website that contains adult content, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of a Logged-in User, you acknowledge that any use of the User Content accessed or downloaded by you while using the Services or visiting a Blue Ant Media Site is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Blue Ant Media disclaims any responsibility in this regard.
If you, as a Blue Ant Media Site visitor or Services user, believe that a Logged-in User has posted User Content that violates this User Content Policy, please email us at email@example.com so that we may conduct an inquiry. Please include a URL of the User Content in question. Blue Ant Media retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content may or may not be edited, curated, moderated or otherwise modified or checked by Blue Ant Media prior to posting, depending on the Service used. Blue Ant Media reserves the right, in its sole discretion, to remove or modify immediately and without notice, any User Content that violates the User Content Policy.
Blue Ant Media will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, and disclaims any responsibility in this regard.
e. Third Party Dealings
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Blue Ant Media Site or any Blue Ant Media Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Blue Ant Media assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Submission of Ideas of Content
Blue Ant Media is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Blue Ant Media be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Blue Ant Media, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Blue Ant Media that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Blue Ant Media is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Blue Ant Media, without obtaining permission or license from you or any third party.
6. Subscription Services
Certain of the Services made available on a Blue Ant Media Site may be offered by Blue Ant Media on a payment basis (a “Pay Service“). Pay Services may be offered by Blue Ant Media on a single download basis, prepaid usage basis or on a periodic subscription (“Subscription“) basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the “Pay Service Account“) based on the information you provide as part of the registration process.
You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including without limitation any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees“). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description“), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Blue Ant Media reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services offered on a periodic subscription basis renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will be effective on the date specified for terminations of that particular Subscription Pay Service.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, and (d) that Blue Ant Media reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Blue Ant Media has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Blue Ant Media shall be in addition to and without prejudice to such rights and remedies as may be available to Blue Ant Media, including without limitation injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Blue Ant Media or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including without limitation chargeback, Blue Ant Media reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
7. E-commerce Sales and Services
Blue Ant Media cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. Unless otherwise provided, prices are in Canadian currency.
b. Product Descriptions
Blue Ant Media attempts to be as accurate as possible. However, Blue Ant Media does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Blue Ant Media itself is not as described, your sole remedy is to return it in unused condition.
c. Risk of Loss
All items purchased from Blue Ant Media are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
d. Site Transactions
Blue Ant Media reserves the right to refuse any order you place with us. Blue Ant Media may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Blue Ant Media reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Responsibility for Minors
In cases where you have authorized a minor under the age of 18 to use a Blue Ant Media Site or any Blue Ant Media Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Blue Ant Media Site may contain material that is inappropriate for minors.
a. General Disclaimer
You expressly understand and agree that: (a) a Blue Ant Media Site and any Blue Ant Media Service are provided on an “as is” and “as available” basis and that Blue Ant Media makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and (b) Blue Ant Media specifically makes no warranties that a Blue Ant Media Site or any Blue Ant Media Service, including without limitation any content, information, products or services obtained from or through the use of a Blue Ant Media Site or any Blue Ant Media Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.
b. Professional Information Disclaimer
The Blue Ant Media Sites may make available certain information provided by third parties related to various professional fields (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Blue Ant Media Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Blue Ant Media, including without limitation its suppliers, shall 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.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BLUE ANT MEDIA, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BLUE ANT MEDIA HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE BLUE ANT MEDIA SERVICES OF A BLUE ANT MEDIA SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A BLUE ANT MEDIA SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Blue Ant Media has entered into this agreement, and has or may make a Blue Ant Media Site, Content and Blue Ant Media Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Blue Ant Media You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
You agree to defend, indemnify and hold harmless each of Blue Ant Media, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Blue Ant Media Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Blue Ant Media Site, Blue Ant Media Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Blue Ant Media Site or through any Blue Ant Media Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that Blue Ant Media, in its sole and absolute discretion, may, without notice to you, suspend or terminate your Account or your use of, or access to, a Blue Ant Media Site or any Blue Ant Media Service, and remove and discard any information or content related to a Blue Ant Media Site or any Blue Ant Media Service (and your use thereof), for any reason, including where Blue Ant Media believes that you have violated any of these Terms and Conditions. You further agree that Blue Ant Media shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Blue Ant Media Site or any Blue Ant Media Service or with any terms, conditions, rules, policies, guidelines, or practices of Blue Ant Media in operating a Blue Ant Media Site or any Blue Ant Media Service, your sole and exclusive remedy is to discontinue using a Blue Ant Media Site or any Blue Ant Media Service.
All Blue Ant Media Sites and Blue Ant Media Services are controlled, operated and administered by Blue Ant Media from its offices within Canada. Blue Ant Media makes no representation or warranty that a Blue Ant Media Site or any Blue Ant Media Service is appropriate or available for use at any locations outside Canada. If you access a Blue Ant Media Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Blue Ant Media Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
To contact Blue Ant Media in connection with these Terms and Conditions or the Blue Ant Media sites, send an email to firstname.lastname@example.org or write to us at Blue Ant Media Inc., 130 Merton Street, Suite 200, Toronto, Ontario, M4S 1A4.
16. General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Blue Ant Media and you pertaining to your use of a Blue Ant Media Site, a Blue Ant Media Service and Content and supersedes any prior agreements between you and Blue Ant Media with respect to the subject matter hereof. Blue Ant Media’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.