TBNewsWatch.com is the interactive on-line service operated by Dougall
Media on the World Wide Web, consisting of information services and content
provided by TBNewsWatch.com content partners and other third parties.
"Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of TBNewsWatch.com.
(A) This Agreement sets forth the terms and conditions that
apply to use of TBNewsWatch.com by Subscriber. By using TBNewsWatch.com (other than to read this Agreement for the first time), Subscriber agrees
to comply with all of the terms and conditions hereof. The right to use TBNewsWatch.com is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of Subscriber's
Membership Account (under any screen name or password) and for ensuring that all
use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) TBNewsWatch.com shall have the right at any time to change or
discontinue any aspect or feature of the TBNewsWatch.com, including, but
not limited to, content, hours of availability, and equipment needed for access
3. Changed Terms.
TBNewsWatch.com shall have the right at any time to
change or modify the terms and conditions applicable to Subscriber's use of
TBNewsWatch.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited to, posting on
TBNewsWatch.com. Any use of TBNewsWatch.com by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
Subscriber shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed for
access to and use of TBNewsWatch.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use TBNewsWatch.com for
lawful purposes only. Subscriber shall not post or transmit through TBNewsWatch.com any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without TBNewsWatch.com express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a Subscriber
that in TBNewsWatch.com 's discretion restricts or inhibits any other
Subscriber from using or enjoying TBNewsWatch.com will not be permitted.
Subscriber shall not use TBNewsWatch.com to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
(B) TBNewsWatch.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of TBNewsWatch.com are copyrighted as a collective work under Canadian copyright laws.
TBNewsWatch.com owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content, in
whole or in part. Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of TBNewsWatch.com and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on TBNewsWatch.com any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of TBNewsWatch.com, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted
TBNewsWatch.com the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
Subscriber also permits any other Subscriber to access, view, store or reproduce
the material for that Subscriber's personal use. Subscriber hereby grants
TBNewsWatch.com the right to edit, copy, publish and distribute any
material made available on TBNewsWatch.com by Subscriber.
6. Disclaimer of Warranty; Limitation of Liability.
Expressly Agrees That Use TBNewsWatch.com Is At Subscriber's Sole Risk.
Neither TBNewsWatch.com, Its Affiliates Nor Any Of Their Respective
Employees, Agents, Third Party Content Providers Or Licensors Warrant That
TBNewsWatch.com Will Be Uninterrupted Or Error Free; Nor Do They Make Any
Warranty As To The Results That May Be Obtained From Use Of TBNewsWatch.com, Or As To The Accuracy, Reliability Or Content Of Any Information,
Service, Or Merchandise Provided Through TBNewsWatch.com.
(B) TBNewsWatch.com Is Provided On An "As Is" Basis Without Warranties
Of Any Kind, Either Express Or Implied, Including, But Not Limited To,
Warranties Of Title Or Implied Warranties Of Merchantability Or Fitness For A
Particular Purpose, Other Than Those Warranties Which Are Implied By And
Incapable Of Exclusion, Restriction Or Modification Under The Laws Applicable To
(C) This Disclaimer Of Liability Applies To Any Damages Or Injury Caused By
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,
Whether For Breach Of Contract, Tortious Behavior, Negligence, Or Under Any
Other Cause Of Action. Subscriber Specifically Acknowledges That TBNewsWatch.com Is Not Liable For The Defamatory, Offensive Or Illegal Conduct Of Other
Subscribers Or Third-Parties And That The Risk Of Injury From The Foregoing
Rests Entirely With Subscriber.
(D) In No Event Will TBNewsWatch.com, Or Any Person Or Entity Involved
In Creating, Producing Or Distributing TBNewsWatch.com Or The TBNewsWatch.com Software, Be Liable For Any Damages, Including, Without Limitation,
Direct, Indirect, Incidental, Special, Consequential Or Punitive Damages Arising
Out Of The Use Of Or Inability To Use TBNewsWatch.com Interactive.
Subscriber Hereby Acknowledges That The Provisions Of This Section Shall Apply
To All Content On TBNewsWatch.com.
(E) In Addition To The Terms Set Forth Above Neither, TBNewsWatch.com,
Nor Its Affiliates, Information Providers Or Content Partners Shall Be Liable
Regardless Of The Cause Or Duration, For Any Errors, Inaccuracies, Omissions, Or
Other Defects In, Or Untimeliness Or Unauthenticity Of, The Information
Contained Within TBNewsWatch.com, Or For Any Delay Or Interruption In The
Transmission Thereof To The User, Or For Any Claims Or Losses Arising Therefrom
Or Occasioned Thereby. None Of The Foregoing Parties Shall Be Liable For Any
Third-Party Claims Or Losses Of Any Nature, Including, But Not Limited To, Lost
Profits, Punitive Or Consequential Damages. Prior To The Execution Of A Stock
Trade, Subscribers Are Advised To Consult With Your Broker Or Other Financial
Representative To Verify Pricing Or Other Information. TBNewsWatch.com, Its
Affiliates, Information Providers Or Content Partners Shall Have No Liability
For Investment Decisions Based On The Information Provided. Neither, TBNewsWatch.com, Nor Its Affiliates, Information Providers Or Content Partners
Warrant Or Guarantee The Timeliness, Sequence, Accuracy Or Completeness Of This
Information. Additionally, There Are No Warranties As To The Results Obtained
From The Use Of The Information.
TBNewsWatch.com shall have the right, but not the
obligation, to monitor the content of TBNewsWatch.com, including chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by TBNewsWatch.com and to satisfy any law, regulation or
authorized government request. TBNewsWatch.com shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted to or
posted on TBNewsWatch.com. Without limiting the foregoing, TBNewsWatch.com shall have the right to remove any material that TBNewsWatch.com, in
its sole discretion, finds to be in violation of the provisions hereof or
Subscriber agrees to defend, indemnify and hold
harmless TBNewsWatch.com, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of TBNewsWatch.com by
Subscriber or Subscriber's Account.
Either TBNewsWatch.com or Subscriber may terminate
this Agreement at any time. Without limiting the foregoing, TBNewsWatch.com
shall have the right to immediately terminate Subscriber's Account in the event
of any conduct by Subscriber which TBNewsWatch.com, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. 10. Trademarks.
TBNewsWatch.com logos are trademarks of Dougall Media. All rights
reserved. All other trademarks appearing on TBNewsWatch.com are the
property of their respective owners.
10. Third Party Content.
Neither TBNewsWatch.com nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through TBNewsWatch.com
represents the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with TBNewsWatch.com. TBNewsWatch.com neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on TBNewsWatch.com by anyone other
than authorized TBNewsWatch.com employee spokespersons while acting in
their official capacities. Under no circumstances will TBNewsWatch.com be
liable for any loss or damage caused by a Subscriber's reliance on information
obtained through TBNewsWatch.com. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through TBNewsWatch.com. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
This Agreement and any operating rules for TBNewsWatch.com established by TBNewsWatch.com constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the laws of
the Province of Ontario, without regard to its conflict of laws rules. No waiver
by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
12. Copyrights and Copyright Agent.
TBNewsWatch.com respects the
rights of all copyright holders and in this regard, TBNewsWatch.com has
adopted and implemented a policy that provides for the termination in
appropriate circumstances of subscribers and account holders who infringe the
rights of copyright holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide TBNewsWatch.com
Copyright Agent the following information :
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
4. Information reasonably sufficient to permit us to contact the complaining
5. A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
TBNewsWatch.com's Copyright Agent for notice of claims of copyright
infringement on or regarding this site can be reached as follows: