服务条款

TERMS OF SERVICE


IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Norstar Media and Communications Inc. (hereinafter as Norstar Media) owns and operates this Website, located at http://www.iNorstar.com (the Web site). This Terms of Service Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By continuing to access, link to, or use this site, or any service on this site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use any service on this Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES or PRACTICES OF NORSTAR MEDIA AND COMMUNICAITONS INC. OPERATING THIS WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Norstar Media reserves the right to amend, remove, or add to this Agreement at any time. Such modifications shall be effective immediately. Accordingly, please continue to review this Agreement whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to this Agreement will constitute YOUR ACCEPTANCE OF THE AGREEMENT, as modified. If, at any time, you do not wish to accept the AGREEMENT, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the AGREEMENT are expressly rejected by Norstar Media and shall be of no force or effect.


A. General Terms

 

  • 1. User Consent to the Agreement

    You represent that you have read and agree to be bound by this Agreement.

     

  • 2. Intellectual Property

    This Web site, including but not limited to text, content, photographs, video, audio and graphics, and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the U.S. and other countries. The Service is also protected as a collective work or compilation under Canada and U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Norstar Media and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Norstar Media and such others. You agree to protect the proprietary rights of Norstar Media and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Norstar Media or its suppliers of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service. You agree to notify Norstar Media in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Norstar Media, at all times be and remain the sole and exclusive property of Norstar Media. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Norstar Media for its exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Norstar Media's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Norstar Media's prior written approval.

     

      1. 3. Restrictions on Use

    You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the Service solely for your own noncommercial use and benefit, and NOT for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree NOT to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Norstar Media or any of its suppliers. You may NOT copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may NOT recirculate, redistribute or publish the analysis and presentation included in the Service without Norstar Media’s prior written consent. Modification of the Service’s content would be a violation of Norstar Media’s copyright and other proprietary rights. Additionally, you may NOT offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Norstar Media. The Service and the information contained therein may NOT be used to construct a database of any kind. NOR may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service. You may NOT use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may NOT use any of Norstar Media’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Norstar Media’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will NOT use the Service or the information contained therein in unsolicited mailings or spam material. You will NOT use any of Norstar Media’s trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will NOT spam or send unsolicited mailings to any person or entity using the Service. You may use the “Email this article” function solely to inform others about a Norstar Media news article on iNorstar.com, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. When using the “Email this article” function, you shall (i) NOT upload or send any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (ii) NOT upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and civil and treat all e-mail recipients with respect and sincerity. You agree to comply with any other applicable terms and conditions of service set forth on the Service.

     

      1. 4. License

    You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms of Service. Should you choose to download content from the Service, you must do so in accordance with the Terms of Service. Such download is licensed to you by Norstar Media ONLY for your own personal, noncommercial use in accordance with the Terms of Service and does not transfer any other rights to you.

    If you submit material to this site or to Norstar Media or its representative, unless Norstar Media indicates otherwise, you grant Norstar Media, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant Norstar Media and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this Terms of Service and will not cause injury to any person or entity; and that you will indemnify Norstar Media, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns for all claims resulting from material you supply. Norstar Media takes no responsibility and assumes no liability for any material submitted by you or any third party.

     

      1. 5. Fees and Payments

    Norstar Media reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Norstar Media requires a fee for portions of the Service or the Service as a whole, Norstar Media will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Norstar Media or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in Norstar Media's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Norstar Media receives all fees and charges payable by you, including the Prepaid Fee.

     

      1. 6. Registration and Account Creation

    As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide Norstar Media with certain registration information, all of which must be accurate, truthful, and updated. You shall NOT: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that Norstar Media, in its sole discretion, deems offensive or inappropriate. Norstar Media reserves the right to deny creation of your account based on Norstar Media's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Norstar Media by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your Norstar Media account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. Norstar Media reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within ten (10) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, Norstar Media reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

     

  • 7. Disclaimer and Limitation of Liability

    You agree that your use of the Service is your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods, or advertisements are provided “as is” and “as available,” and that Norstar Media makes no warranty of any kind, express or implied, as to the Service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use.

    Norstar Media does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Norstar Media or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Norstar Media, its parent, and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Norstar Media, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Norstar Media by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by Norstar Media. Norstar Media is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Norstar Media does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. Norstar Media is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Norstar Media and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Service.

    You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken or translated from media outlets, stock exchanges and other sources from around the world; (iii) Norstar Media does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Norstar Media is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Norstar Media to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is NOT intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Norstar Media, its parent, and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NORSTAR MEDIA, ITS PARENT, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, GENERAL PARTNER, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, or EXEMPLARY DAMAGES EVEN IF NORSTAR MEDIA HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF or INABILITY TO USE THE SERVICE or ANY LINKS or ITEMS ON THE SERVICE or ANY PROVISION OF THE TERMS OF SERVICE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE or ANTICIPATED PROFITS or LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION or EXCLUSION OF LIABILITY or INCIDENTAL or CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL NORSTAR MEDIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT or TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

     

      1. 8. Your Authority to Agree to this Terms of Service

    You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

     

      1. 9. Indemnification

    You agree, at your own expense, to indemnify, defend and hold harmless Norstar Media, its parent, and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's and expert's fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the Terms of Service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Norstar Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Norstar Media in asserting any available defense. You acknowledge and agree to pay Norstar Media's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by Norstar Media under the Terms of Service and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Norstar Media pursuant to the Terms of Service.

     

  • 10. Termination

    You may terminate the Terms of Service, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.

    You agree that Norstar Media, without notice, may terminate the Terms of Service, or suspend your access to the Service, with or without cause at any time and effective immediately. The Terms of Service will terminate immediately without notice from Norstar Media if you, in Norstar Media's sole discretion, fail to comply with any provision of the Terms of Service.

    Norstar Media shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the Terms of Service by you or Norstar Media, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.


  • 11. Governing Law

    The Terms of Service shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the Provincial Court of Ontario and federal courts located in the Province of Ontario with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms of Service.


  • 12. Canada' Export Control & Foreign Asset Control Regulations

    Norstar Media does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to Canada export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) any country with respect to which Canada maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity which is listed by the Federal Government of Canada in any list of prohibited parties. By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country subject to a Canada trade embargo, or (b) on any Canada Prohibited Party List or acting on behalf of any person or entity on any such list.


  • 13. Miscellaneous

    You accept that Norstar Media has the right to change the content or technical specifications of any aspect of the Service at any time at Norstar Media's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Norstar Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Sections 2 through 9, 10.3., and 11 through 16 shall survive any termination of the Terms of Service.


  • 14. Headings

    The section titles in the Terms of Service are used solely for the convenience of you and Norstar Media and have no legal or contractual significance.


  • 15. Severability

    If any provision of the Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Service will remain in force.

     

  • 16. Entire Agreement

    The Terms of Service and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Norstar Media and govern your use of the Service.


  • B. LINKING AND FRAMING TERMS AND CONDITIONS

    YOU MAY NOT LINK TO or FRAME THIS WEB SITE, or ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.

  • 1. Intellectual Property

    Upon linking to this Web site pursuant to the Terms of Service, you will be granted a non-exclusive, non-transferable, royalty-free license to use the Norstar Media mark solely for providing an underlined, textual link from your Web site to iNorstar.com. No other use of Norstar Media's marks, name or logos is permitted without express written permission from Norstar Media.

     

  • 2. Restrictions on Linking to this Web Site

    Without limiting other provisions contained in the Terms of Service, you may include a link(s) on your Web site to iNorstar.com's publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to iNorstar.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

     

  • 3. Restrictions on Other Linking and Framing Activities

    Norstar Media is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Norstar Media is concerned with activities such as bringing up or presenting content of this Web site within another Web site ("framing"). In this regard, without limiting the provisions contained in the Terms of Service, you may not frame any Web page from iNorstar.com, except with our express written permission. Further, you will not archive, cache, or mirror any iNorstar.com Web page or portions of a Web page. If you would like to use, reprint or redistribute any of iNorstar.com content other than as permitted herein, you must request permission from Norstar Media by writing to feedback@iNorstar.com. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.

     

  • 4. Registration Form

    By filling out any part of the required information in the Registration Form which include (a) your first and last name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use, you agree that you have read the above Linking Terms and agree to be bound by them.