Conditions of Use For HEART Business Journal for Women®
No part of HEART Business Journal for Women® may be reproduced or duplicated without the written permission of the publisher EKG Marketing Inc. EKG Marketing Inc. accepts no responsibility for unsolicited manuscripts or other material including colour transparencies. All rights reserved. Printed in Canada.
CONDITIONS OF USE FOR EKG MARKETING INC.’S INTERNET SITES
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING EKG MARKETING INC.'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 EKG Marketing Inc. '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 EKG Marketing Inc.
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.
1.3. If you do not agree to be bound by these conditions of use, you should not use EKG Marketing Inc.'s internet sites. In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2.1. EKG Marketing Inc. operates its internet sites from its offices in Canada. EKG Marketing Inc. does not make any representation to the effect that all items on its internet sites may be used in other locations. People who access EKG Marketing Inc.'s internet sites do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using EKG Marketing Inc.'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 EKG Marketing Inc.'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. EKG Marketing Inc. may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. EKG Marketing Inc. 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 EKG Marketing Inc.'s internet sites are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in EKG Marketing Inc.'s internet sites for commercial or advertising purposes without the written consent of EKG Marketing Inc.
5. REGISTRATION AND SECURITY
5.1. When you register, you must use 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 EKG Marketing Inc., at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify EKG Marketing Inc. as soon as possible by contacting us using the contact information provided in the Contact Us section. 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 EKG Marketing Inc.'s internet sites. EKG Marketing Inc. 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. EKG Marketing Inc. reserves the right to charge fees for future access to its internet sites, or any section thereof. If EKG Marketing Inc. 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. DISCUSSION BOARDS
7.1. Since any communications which are part of discussion 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, tortuous, 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. EKG Marketing Inc. encourages lively discussions and debates in its discussion boards. Moreover, personal attacks are a breach of these conditions of use. EKG Marketing Inc. reserves the right to remove or disallow any user at any time, without grounds or explanation.
7.1.4. No one should use discussion 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 discussion 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 EKG Marketing Inc.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to EKG Marketing Inc. (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to HEART Business Journal for Women® and EKG Marketing Inc., 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 discussion boards on EKG Marketing Inc.'s internet sites, and for the consequences thereof.
7.5. EKG Marketing Inc. 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. EKG Marketing Inc. does not make any declaration concerning the control over the material available on its internet sites. EKG Marketing Inc. 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.
8.1. EKG Marketing Inc.'s sites contain hyperlinks to internet sites managed by third parties. By activating these links, you may have to leave EKG Marketing Inc.'s sites. EKG Marketing Inc. has no control over internet sites owned by third parties. These sites are managed entirely by third parties and EKG Marketing Inc. 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 EKG Marketing Inc.'s internet sites should not in any way be interpreted as an endorsement by EKG Marketing Inc. and does not incur its liability in any way. EKG Marketing Inc. 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 EKG Marketing Inc. and HEART Business Journal for Women®’s internet sites are trademarks and logos registered or not by EKG Marketing Inc. or third parties. Nothing on EKG Marketing Inc.'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 EKG Marketing Inc.'s internet sites for commercial or advertising purposes or to increase the number of visitors to your site.
9.2. All the items on EKG Marketing Inc.'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 EKG Marketing Inc. or third parties acting as content providers. Except for certain clearly stated exceptions, no items on EKG Marketing Inc.'s internet sites must be interpreted as giving you any right whatsoever with regard to the intellectual property of EKG Marketing Inc. 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 EKG Marketing Inc.'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 EKG Marketing Inc.'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 EKG Marketing Inc. 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 EKG Marketing Inc., its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “EKG Marketing Inc.”) 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 EKG Marketing Inc. 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. EKG Marketing Inc. 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. EKG Marketing Inc.'s internet sites and the items they contain are offered to you on an “as is” basis and at no charge by EKG Marketing Inc., 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, EKG Marketing Inc. 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 EKG Marketing Inc.'s internet sites is at your own risk.
11.2. EKG Marketing Inc. 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. EKG Marketing Inc. disclaims all liability related to any error which may be found on its Internet sites. Thus, EKG Marketing Inc. and any third party providing content on EKG Marketing Inc.'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 EKG Marketing Inc.'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.
12.1. You can cancel your account at any time by contacting us using the contact information provided in the Contact Us section.
12.2. EKG Marketing Inc. 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 EKG Marketing Inc. Internet sites, or for any other correspondence, you can reach us at the following address:
EKG Marketing Inc.
607 Talbot St.
Canada N6A 2T2