5. If you are the parent or legal guardian of a child under the age of 18, you may use the Website or Services on behalf of such minor child. You represent and warrant that you are the parent or legal guardian of such child.
6. The Website is administered in Canada and intended for Canadian users; any use outside of Canada is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Website. Not all Services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Resource Multimedia reserves the right to limit the provision of any feature, product, or service to any person or geographic area. Any offer for any feature or Services made on the Website is void where prohibited.
8. Through the Website and Services you will be provided with access to Resource Multimedia articles, photos, and other multimedia content (the “Content”). You understand and agree that all Content belongs to Resource Multimedia or its third party licensors / customers, and you may use the Content only as permitted by this Agreement and license. The Content is protected by Canadian and foreign copyright laws. If you use the Content in a way that is not clearly allowed by this Agreement, you are violating your agreement with us and may be violating copyright, trade-mark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with Resource Multimedia or its third party licensors. All rights not expressly granted are reserved.
9. Real estate members must pay to Resource Multimedia a fee in order to access the Content and for this limited license to use the Content. The Content is available to you at a monthly cost in consideration for the acceptance of the terms of this Agreement.
10. Only members of accredited media are granted access to the media portal of the Website.
IF YOU ARE A REAL ESTATE PROFESSIONAL (AGENT, BROKER, ETC.), YOU MAY NOT REGISTER WITH THE WEBSITE AS A MEDIA MEMBER AND YOU MUST BECOME A MEMBER THROUGH THE REAL ESTATE PROFESSIONAL PORTAL.
Permitted Uses and Rights
11. You may do the following with the Content:
a) use the feature articles, images and/or other multimedia content on print publications or websites, e-zines, blogs, including those featuring advertising, editorial content, consumer merchandise, and social media; and
b) publish and share content "share" content on a website(s) and social media sites, provided that you supply Resource Multimedia with reporting metrics, including Page Views, if requested. Resource Multimedia has the right to disallow the use of its Content at any time to any website for any reason.
Prohibited Uses and Restrictions
12. You may not do any of the following with the Content:
a) remove Resource Multimedia attributions, symbols, or author bylines;
b) defame, distort, or manipulate any photo or other multimedia content on the Website;
c) post photo(s) or other multimedia content separately where they are originally posted in conjunction with an article. Photo(s) and other multimedia content must accompany the specific article with which they are distributed, and may not be used in any other capacity;
d) change or distort any article in such a way that would change its intended meaning;
e) use the Content in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent;
f) use the Content as part of a trade-mark, service mark, business name, or logo;
g) re-sell, distribute, or sub-license the Content to any third party;
h) use, copy, distribute, or modify the Content if you are a direct or indirect competitor to Resource Multimedia;
i) use the Content in a way that disparages or devalues Resource Multimedia or its clients` business, reputation, or goodwill;
j) modify Resource Multimedia’s articles for the purposes of developing a CPC (cost-per-click) or CPA (cost-per-action) model;
k) use the identity of Resource Multimedia’s customers appearing on this Website in order to solicit competing advertising business from such customers or to disparage Resource Multimedia;
l) attempt to interfere with the operation of this Website or any linked website in any way; or
m) provide any false information on the Website sign-up form.
13. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESOURCE MULTIMEDIA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK.
Your Use of the Website
14. You may not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
15. You may not attempt to gain unauthorized access to any portion or feature of the Website by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other of our customers, including any Resource Multimedia account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
16. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us.
17. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or Service being conducted on the Website, or with any other person’s use of the Website.
18. You may not disguise the origin of any message or transmittal you send to us on or through the Website or any Services offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
20. You may not post any content to the Website which is inappropriate, offensive, or untrue. The information that you provide us must be true, correct, accurate, and reliable. You must not, either through any act (including but not limited to posting your personal details on the Website) or omission, mislead, or deceive anyone while using the Website, Services, or Content.
Accounts, Passwords, and Security
21. Certain features or services offered on or through the Website require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately in writing of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Website due to someone else using your Resource Multimedia user name, password, or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Resource Multimedia user name, password, or account at any time without that person’s express permission.
Fees and Charges
22. Fees paid for the Services and Content are non-refundable. You agree to pay to Resource Multimedia all applicable fees for the Services and Content, including, but not limited to, the fee for the applicable subscription, taxes, and other charges levied by domestic or foreign governments. Resource Multimedia reserves the right to change the fees from time to time in its sole discretion. The fees for the Services and Content are billed to the credit card you have specified for your payments for the Services and Content. Resource Multimedia is not responsible for any expenses or charges (for example, for exceeding credit card limits) resulting from the fees and charges billed by Resource Multimedia. Resource Multimedia may, in its sole discretion, suspend, or cancel delinquent accounts and/or refuse the holders of such accounts access to the Services and Content.
23. You hereby authorize Resource Multimedia (through its payment card processing service provider) to charge the credit card you provide in your account. Resource Multimedia or its payment card processing service provider will send you a receipt to your email address listed in your account.
25. Resource Multimedia may modify its prices at any time. If Resource Multimedia modifies its price for any monthly subscription which renews automatically, Resource Multimedia will give you notice of the new prices at least sixty (60) days before the beginning of the renewal term in which the new prices will be effective. If you have received such a notice and do not cancel your subscription, you agree to the new prices and authorize Resource Multimedia to charge your credit card accordingly.
26. If you believe you have been incorrectly charged, you must notify us of such disputed charges within the time provided for in your credit card agreement or you waive your right to dispute those charges. Please contact Resource Multimedia Customer Care at 1.855.389.5239 or by email at , so that we can review your account. Resource Multimedia may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent by email at .
Links to Other Sites
28. This Website may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
29. WE DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF PROVIDERS AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, OR ANY CONTENT IS TO STOP USING THE WEBSITE, SERVICES, OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
30. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
32. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, legal and professional advisors, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the Website, Services, or Content.
35. We may, in our sole discretion and without prior notice to you, terminate your access to the Website, for cause, including, but is not limited to (1) violation of the terms of your limited license to use the Content, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Website or any Services offered on or through the Website, or (5) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Feedback and Information
41. Any feedback you provide at this site shall be deemed to be non-confidential. Resource Multimedia shall be free to use such information on an unrestricted basis.
42. The information contained in this Website is subject to change without notice.
Copyright © 2012 Resource Multimedia Inc. All rights reserved.
2. Website Data Collected
We automatically track and collect the following categories of information when you visit our Website: (1) IP (which stands for Internet Protocol) addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) referring source which may have sent you to the Website; and (6) other information associated with the interaction between your browser and the Website (collectively, “Website Data”).
3. Personal Information Collected
We provide our Services and Content through our Website. In order for you to access certain areas of the Website, we require you to provide us with certain personal information that identifies you, or from which your identity could be deduced (“Personal Information”). Personal Information includes: (1) Contact Data (such as your e-mail address and Resource Multimedia password); (2) Demographic Data (such as your gender and your postal code / zip code); and (3) Professional Data (such as the name of your business or employer, your areas of interest, etc.). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. If we did not collect and use your Personal Information we could not provide you with our Services and Content.
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.
If you access any Services or Content requiring a user name and password, you are solely responsible for keeping such items strictly confidential.
4. Credit and Debit Card Information
5. Website Tools
We also collect other information, which may include Personal Information that you voluntarily provide to us when you use some of the Website’s interactive tools and services (“Website Tools”), such as searching and browsing for Content. We also collect information you provide voluntarily through the Website and through responses to questionnaires and surveys. Some of the free Website Tools on our site ask you for Personal Information.
“Cookies” are computer files that are placed on your computer by a website. In these files various pieces of information can be stored, from user identification and preferences to activities conducted while browsing the Website. You may block cookies or delete cookies from your computer if you wish but must do so at your own cost and responsibility. If you do block or disable cookies, you may not have access to the entire set of features of our Website.
Generally, we use “cookies” to customize your experience on our Website and to store your password so you do not have to re-enter it each time you visit the Website.
We do not link the information stored in these cookies directly to any of your Personal Information you submit while on the Website.
7. Website Analytics
We may use third party website analytics services with our Website. The information tracked by these services includes, but is not limited to, pages visited, users’ browsers and operating systems, users’ approximate geographic location, users’ internet service providers, length of time spent on pages, and how users reached our Website. We use this data to generate statistics which help us to optimize our Website and improve the user experience. Analytics data is stored on third party servers, not on Resource Multimedia’s servers. These services tracks individual users based on anonymous IP addresses. Please note that if you have an account with Resource Multimedia, we may be able to link your personal information with the browsing information tracked by the third party analytics service provider.
8. Storage of Information
We store all Website Data and review postings indefinitely, even after they are deleted, and may retain such information elsewhere. We store all Personal Information until you request that we amend or delete it, in which case we may still end up retaining some of that information for the reasons described in Section 13 below.
9. Personal Information Protection and Electronic Documents Act
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information that it incorporates. PIPEDA gives you rights concerning the privacy of your personal information.
10. Resource Multimedia’s Use of Your Information
We may use your Contact Data to send you information about Resource Multimedia or our products, Services or Content, to contact you when required, including to inform you of Services and Content, and in conjunction with your use of certain Website Tools. We may use your Personal Information to customize your experience on the Website, in e-mails, and in other communications, displaying content that we think is appropriate for you. We may use your Personal Information to provide you with targeted advertising.
11. Information Sharing
13. Controlling and Correcting Your Personal Information
Since we use your Personal Information to provide Services and Content to you, it is important that your Personal Information be accurate and up-to-date. If any of your Personal Information changes, please advise us so that we can make any necessary changes (you must either write to us directly at the address or email set out in Section 22 below or, if you are a registered user of our Website, you can modify some of your Personal Information you have included in your profile).
Upon your written request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may not be possible to remove your account without some residual information being retained by us. Registered users who wish to close their account should contact .
If we hold Personal Information about you and you can establish that it is not accurate, complete, and up-to-date, we will take reasonable steps to correct it.
14. Access to Your Personal Information
You may ask for access to any Personal Information we hold about you. Summary information is available on request. More detailed requests that require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
Your rights to access your Personal Information are not absolute. We may deny access when:
· Denial of access is required or authorized by law;
· Information relates to existing or anticipated legal proceedings against you;
· When granting you access would have an unreasonable impact on other people’s privacy;
· When to do so would prejudice negotiations with you;
· To protect our rights and property; and
· Where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct your Personal Information, we shall explain why.
15. Public Information
Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should carefully consider before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
The security of your Personal Information is important to us. We take reasonable precautions to ensure that your Personal Information is kept safe from loss, unauthorized access, modification, or disclosure. Among the steps taken to protect your Personal Information are:
· Premises security;
· Restricted file access to personal information;
· Deploying technological safeguards like encryption and security software and firewalls to prevent hacking or unauthorized computer access; and
· Internal password and security policies.
"Phishing" is a fraudulent practice designed to steal your Personal Information. If you receive an e-mail that looks like it is from Resource Multimedia asking you for your Personal Information, do not respond. We will never request your password, user name, credit card information, or other Personal Information through e-mail.
17. Lost or Stolen Information
You must promptly notify us in writing at the address or email set out in Section 22 below if your Contact Data is lost, stolen, or used without your permission. In such an event, we will remove that Contact Data from your account and update our records accordingly.
18. Links to Other Websites
You should be aware that e-mail is not an entirely secure medium. You should be aware of this when using e-mail to send or receive personal or confidential information
21. Limitation of Liability
We make no guarantee as to security, integrity, or confidentiality of any information transmitted to or from our Website, or stored within our Website. Beyond our reasonable care to safeguard your information while in transit, Resource Multimedia does not guarantee the absolute security of electronic communications or transmissions since any transmission made over the internet by anyone individual runs the risk of interception.
You assume the sole risk of transmitting your Personal Information as it relates to the use of our Website, and for any data corruptions, intentional interceptions, intrusions, or unauthorized access to Personal Information, or of any delays, interruptions to or failures preventing the use our Website. In no event shall we be liable for any direct, indirect, special, consequential, or monetary damages, including fees and penalties in connection with your use of the Services provided by our Website or connectivity to or from this site to any other site.
Resource Multimedia Inc.
2 Foxtrot Drive
Stoney Creek, Ontario L8J 3S8
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Ottawa, Ontario K1A 1H3 1