Terms and Conditions of Use

Acceptance of Terms Through Use

By utilizing any of the digital services of NEWFOUNDLAND BROADCASTING COMPANY LIMITED and/or its subsidiaries, affiliates and related corporations, (collectively referred to as “NBC”, “we”, “us” or “our”), including Applications (“Apps”), websites and Website Really Simple Syndication (“RSS”) feeds, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”) herein.  As the Terms of Use may be revised periodically, please ensure that you review them from time to time. You agree to be deemed notified and bound by any changes to the Terms of Use and your continued use of any of the digital services indicates your agreement to the revised terms. If you do not agree to the terms of this or any revised Terms of Use, please cease your use of the digital services immediately.

Authorized Use

User Conduct: You agree to use NBC’s digital services and their contents for lawful purposes and only as authorized in the Terms of Use. We reserve the right, in our sole discretion, to terminate your access to all or part of our digital services, with or without notice and for any reason whatsoever. We also reserve the right to reveal users’ identity or any information we may have regarding users, including IP address(es), in the event of a complaint or legal action arising from a violation of the Terms of Use.

Except where indicated, you may download or print individual pages of our content, without alteration to the information, for non-commercial use only. Except as we may expressly authorize, you agree not to sell, license, rent, distribute, copy, transmit, publicly display, publish, adapt, edit, or otherwise misuse the content of the digital services.

User Content: By interacting with NBC’s digital services, you are responsible for the content you provide by any means, whether through posts, uploads, comments, in discussion forums, in programming-related activities, such as contests, and through the use of third-party social media, such as Facebook, Instagram, Twitter or others. If you access NBC’s digital services through third-party platforms such as Facebook, Instagram, Twitter, or others, their terms of use apply in addition to the Terms of Use of NBC. You agree that you will not contribute any content which may be considered derogatory, obscene, harmful, sexually explicit, harassing, threatening, abusive, invasive of privacy, racially or ethnically objectionable, or otherwise illegal. You agree that you will not contribute any content containing unsolicited or unauthorized advertising, an infringement of any patent, trademark, copyright or other similar rights of any party, including, but not limited to, pirated computer programs or music files or the links to them, software viruses of any kind which may compromise the performance of any computer software or hardware or any form of information technology and related equipment, information which you are not legally entitled to provide, such as, but not limited to, confidential information disclosed during the course of employment.

Third Party Sites and Services Disclaimer

NBC’s digital services contain links to and from sites operated by third parties. NBC makes no representations whatsoever about any third party content that you may access from the digital services. As the linked sites are not under our control, we are not responsible for any third party content or the contents of any linked site, or any subsequent links from that site. You agree that any business transactions you enter into with third parties, found on or by way of our digital services, are solely between you and such third parties. Our Privacy Policy is only applicable when you are on NBC’s Apps, websites or RSS feeds. It is your responsibility to review the linked sites’ use agreements and privacy policies.

Intellectual Property

You acknowledge that all content and materials available through the digital services are protected by national and international copyright laws or other proprietary rights and laws and are owned by NBC or our licensors, or NBC has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our digital services. As a user of our digital services, you are authorized to utilize the content only for your own personal and non-commercial use and you agree that you will not alter the content in any way whatsoever.

Unless otherwise indicated, all logos, names, marks, and designs appearing on our digital services are trademarks or service marks of, or used under licence by, NBC. The use or misuse of any of these materials is strictly prohibited.

Indemnification

In consideration of your use of NBC’s digital services, you agree to defend, indemnify and hold NBC and each of our employees, officers, directors, shareholders, agents, consultants, contractors and licensees harmless from and against any and all liabilities, claims and expenses, including legal and accounting fees that occur as a result of your misuse of the digital services or the content therein, including without limitation, your breach of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which circumstance you will cooperate with us in putting forth any available defences.

 

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that all content (materials, information, software, products and services) available through the digital services are provided on an ”as is” and ”as available” basis for your use and that you use the digital services and any content therein at your sole risk. We expressly disclaim all warranties of any kind, whether 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. NBC makes no warranty that the content of the digital services, or any service or product provided through it, is accurate or reliable, the digital services will meet your requirements, the digital services will be timely, secure, or available at any particular time or location, any defects or errors will be corrected, the digital services are free of viruses or other adverse components.

LIMITATION OF LIABILITY

You expressly acknowledge and agree that NBC and its employees, officers, directors, shareholders, agents, consultants, contractors or licensors will not be liable for any damages in law or in equity, including without limitation any direct, indirect, punitive, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, data, use, or other intangible losses resulting from the use, or misuse, of the digital services or from information provided therein, or as a result of any business transactions entered into between you and third parties on the digital services, or as a result of any interruption, error, delay in operation of transmission, computer virus, unauthorized access of or alteration of your transmission or data, or any other such matter relating to the digital services. 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, as 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.

Governing Law

This agreement will be interpreted, construed and governed by the laws in force in the Province of Newfoundland and Labrador, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. You expressly agree that any claim or action arising out of, or relating to, these Terms of Use or your use of the digital services shall be filed only in the courts of the Province of Newfoundland and Labrador, 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.

Privacy and Disclosure

You have read and accepted the terms of our Privacy Policy.

This Terms of Use and our Privacy Policy together constitute the entire agreement between NBC and you with respect to the digital services and supersedes all prior or contemporaneous communications between us with respect to the digital services. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

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