Distinctive MediaWorks
Website Terms and Conditions
The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the Website[s] accessible at WWW.DISTINCTIVEMEDIAWORKS.COM (collectively the "Service") which is/are operated pursuant to a strategic relationship among DISTINCTIVE MEDIAWORKS. ("we", "our", or "us"). Your use of the Service constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Service, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by "us", as described more fully below.
- Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by DISTINCTIVE MEDIAWORKS, as applicable among us, or their third-party licensors, to the full extent provided under the Canadian and the United States of America Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of the DISTINCTIVE MEDIAWORKS or any third party. The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of DISTINCTIVE MEDIAWORKS Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DISTINCTIVE MEDIAWORKS is prohibited.
- Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all DISTINCTIVE MEDIAWORKS or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DISTINCTIVE MEDIAWORKS as applicable, or its respective owner, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent, copyright or trademark of DISTINCTIVE MEDIAWORKS or any third party.
- Modification of This Agreement
DISTINCTIVE MEDIAWORKS reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Service.
- Links
This Service may contain links to other services ("Linked Services"). The Linked Services are not under the control of DISTINCTIVE MEDIAWORKS and "We" are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. DISTINCTIVE MEDIAWORKS provides any Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by DISTINCTIVE MEDIAWORKS in favour of any company offering Internet services, products or services on the Linked Services. Other sites may link without prior permission to the home page of the Service only through a plain-text link. Permission must otherwise be granted by us for any other type of link to the Service. To seek our permission, you may contact us at # 300, 400 5th Avenue SW Calgary Alberta, Canada T2P 0L6. Additional Agreement by Linked Services: any third party Web site that links to the Service: (a) shall not create a frame, browser or border environment around any of the content of the Service; (b) may link to, but not replicate, Service content; (c) shall not imply that DISTINCTIVE MEDIAWORKS are endorsing or sponsoring it or its products or services; (d) shall not present false information about DISTINCTIVE MEDIAWORKS or its products or services; (e) shall not use DISTINCTIVE MEDIAWORKS trademarks without the prior written permission from DISTINCTIVE MEDIAWORKS; and (f) shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Service from any Website, and to require termination of any link to the Service, for any reason in our sole and absolute discretion.
- Obligations
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from DISTINCTIVE MEDIAWORKS. As a condition of your use of the Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
- Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that:
- is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant DISTINCTIVE MEDIAWORKS the rights and licenses set forth in Section 8 of this Agreement;
- reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant the "us" the rights and licenses set forth in Section 8 of this Agreement;
- infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by DISTINCTIVE MEDIAWORKS in their sole discretion;
- is sexually-explicit;
- constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- You further agree not to:
- use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
- delete or revise any material or other information of any other user of the Service;
- harvest, collect, or send information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service to harvest or otherwise collect information from the Service to be used for any commercial purpose;
- allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.
- You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability;
- DISTINCTIVE MEDIAWORKS may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations;
- DISTINCTIVE MEDIAWORKS reserves the right (but do not have the obligation) to review postings on its Service, to remove any postings, and to terminate your ability to post to the Service at any time without notice, in its sole discretion;
- DISTINCTIVE MEDIAWORKS also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
- Conduct
You are responsible for, and assume all liability associated with, any material you make available or transmit through the Service, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through the Service (i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of DISTINCTIVE MEDIAWORKS of any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although DISTINCTIVE MEDIAWORKS does not and cannot review every message posted on or transmitted through the Service, DISTINCTIVE MEDIAWORKS shall be under no obligation to permit any material posted or transmitted to remain on the Service, and may remove from, or refuse to display on the Service any material that DISTINCTIVE MEDIAWORKS, in the exercise of their sole discretion, believe violates this Agreement.
- License Granted
"We" do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Service (expressly excluding your user data which is collected in accordance with the Service Privacy Policy) ("Your Content"). However, by submitting or posting Your Content, to or through the Service, you grant DISTINCTIVE MEDIAWORKS a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of Your Content. DISTINCTIVE MEDIAWORKS is free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using Your Content. DISTINCTIVE MEDIAWORKS is under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion. By posting or submitting Your Content to this Service, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by the DISTINCTIVE MEDIAWORKS will not infringe or violate the rights of any third party or violation applicable law.
- Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide DISTINCTIVE MEDIAWORKS Copyright Department with the following information: #300, 400 5th Avenue SW Calgary Alberta, Canada T2P 0L6
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. DISTINCTIVE MEDIAWORKS Copyright Agent for Notice of claims of copyright infringement can be reached at: Department of Communication & Copyright #300, 400 5th Avenue SW Calgary Alberta, Canada T2P 0L6 "We" reserve the right to remove any posted submission which infringes the copyright of any person under the laws of Canada and the United States upon receipt of such a statement (or, more specifically, any statement in conformance with Canadian and United States law provides significant penalties for submitting such a statement falsely.
- Registration, Username, Password, Security
- Registration: Registration may be required for the use of certain portions of the Service. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any DISTINCTIVE MEDIAWORKS registration agreement conflict with the terms of this Agreement, the registration agreement shall control.
- Your User Identity: Your username and password will be your identity for purposes of interacting with Service and other users through the Service.
- User Name, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Service. You shall immediately notify DISTINCTIVE MEDIAWORKS if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft, or unauthorized use, "we" may impose on you, at DISTINCTIVE MEDIAWORKS sole discretion, additional security obligations.
- Security Breaches and Revision. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief DISTINCTIVE MEDIAWORKS. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
- Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. You in turn agree and consent to the terms of the Service Privacy Policy by your use of the Service.
- Access to the Service
In order to access the Service, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
- Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS." DISTINCTIVE MEDIAWORKS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. DISTINCTIVE MEDIAWORKS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DISTINCTIVE MEDIAWORKS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF FUNCTIONALITY FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DISTINCTIVE MEDIAWORKS OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. DISITNCTIVE MEDIAWORKS AND/OR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
- Limitation of Liability
IN NO EVENT WILL DISTINCTIVE MEDIAWORKS OR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL DISTINCTIVE MEDIAWORKS OR THEIR AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION Or INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF DISTINCTIVE MEDIAWORKS OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. DISTINCTIVE MEDIAWORKS RESERVE THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DISTINCTIVE MEDIAWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DISTINCTIVE MEDIAWORKS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DISTINCTIVE MEDIAWORKS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
I- ndemnification
Upon a request by DISTINCTIVE MEDIAWORKS, you agree to indemnify and hold harmless DISTINCTIVE MEDIAWORKS and their respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
- Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta in Canada excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the Province of Alberta District Court or, for matters not susceptible of adjudication in the federal courts, the courts of the Province of Alberta located in Canada, in all disputes arising out of or relating to the use of this Service.
- Canada and United States Jurisdiction
The Service is operated in Canada and the United States of America. We do not represent that content or materials presented on the Service are appropriate or available for use in other locations. If you access the Service from a jurisdiction other than Canada and the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.
- Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the DISTINCTIVE MEDIAWORKS and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and DISTINCTIVE MEDIAWORKS. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Service changes to this Agreement, or by a subsequent writing signed by DISTINCTIVE MEDIAWORKS.
- No Waiver
The failure of DISTINCTIVE MEDIAWORKS to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
- No Professional Advice
Any information supplied by any employee or agent of DISTINCTIVE MEDIAWORKS, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and Canada laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. DISTINCTIVE MEDIAWORKS makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Service, and DISTINCTIVE MEDIAWORKS will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
- Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DISTINCTIVE MEDIAWORKS as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of DISTINCTIVE MEDIAWORKS right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by DISTINCTIVE MEDIAWORKS with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Termination
DISTINCTIVE MEDIAWORKS reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of this Service, with or without notice and with or without cause. Termination of your access to this Service means the revocation of the limited and temporary license and permission to use the software and other resources of the Service granted to you under this Agreement by the DISTINCTIVE MEDIAWORKS. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.
- Notices
DISTINCTIVE MEDIAWORKS may give notices to users of the Service, at DISTINCTIVE MEDIAWORKS option, by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Notices to DISTINCTIVE MEDIAWORKS by conventional mail must be sent to: Communication Department #300, 400 5th Avenue SW Calgary Alberta, Canada T2P 0L6. Notices by a user to DISTINCTIVE MEDIAWORKS will not change the terms of this Agreement, unless the change is expressly accepted in writing by an authorized officer of DISTINCTIVE MEDIAWORKS.
- Violations.
Please report any violations of this Agreement to DISTINCTIVE MEDIAWORKS Communication Department at #300, 400 5th Avenue SW Calgary Alberta, Canada T2P 0L6. This privacy policy is applicable to the Website[s] accessible at WWW.DISTINCTIVEMEDIAWORKS.COM (collectively the "Site"), which is operated pursuant to a strategic relationship among sponsors, affiliate links. "we", "our", or "us"). This privacy policy shall be prominently published on the Site. The purpose of this privacy policy is to disclose to you what information we may collect, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you. Please read the following to learn more about our data collection policies and practices.
- Types of information that may be collected
- How information may be collected
- How we use the information collected
- With whom the information may be shared
- Security
- Chat Rooms, Forums, and Message Boards
- Links to Other Web Sites
- A special note for parents concerning privacy
- Notification of changes and your acceptance of the Privacy Policy
- Correcting/updating personal information
- TYPES OF INFORMATION THAT MAY BE COLLECTED
The following are the types of information we may collect: Information You Provide Us Personal information such as your user ID and password, name, email address, telephone number, physical address, birth date, gender or zip code or other information may be collected via the Site. Site Usage Information We may receive and store certain types of information whenever you visit the Site. For example, we may collect click-stream data and your IP address. Email Communications When you open emails from the Site, we may receive a confirmation noting you opened an email from us, if your computer supports such capabilities. We also may keep track of what emails we send you and what emails you may be receiving from DISTINCTIVE MEDIAWORKS and our subsidiaries and affiliates. Additionally, we keep a record of what emails you have opted to and not to receive. Information from Other Sources We may receive information about you from other sources and add it to your personal information.
- HOW INFORMATION MAY BE COLLECTED
"We" may collect information from you in several different areas on the Site, including but not limited to those described below:
- Registration
You may be asked first to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to take advantage of certain features the Site may choose to offer, including, but not limited to, Newsletters, Contests, Forums, Fantasy or other subscription based services.
- Newsletters and Site Emails
"We" may offer free newsletters to share information with you about the Site, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a special feature or membership for which you have registered on the Site. You may cancel your free email subscription by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.
- Contests or Sweepstakes
"We" may operate contests and sweepstakes through the Site which may require registration. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the Site, such as on a winners page, in the event you win a contest or sweepstakes. Except as required by applicable law, we will not post your information without your permission. In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on the Site, and collect your information. In those cases, where we are not the operator or host of the contest or sweepstakes, we have no control over the information collected and accordingly urge you to review the advertiser's or sponsor's privacy policy applicable to the contest or sweepstakes before participating.
- Surveys or Voting
From time-to-time we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.
- Cookies
As with many Web sites, the Site uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Site may not provide you with a personalized experience if you have disabled the use of cookies.
- IP Addresses and Click-stream Data
"We" may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address. Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and what they like.
- Transaction Information
If you order any information from our Site, buy any of our products or subscribe for any of the services offered on our Site, we will ask you to complete an order form that will request certain information from you, including financial information such as a credit card number and expiration date and general contact, billing and shipping information. We will use this information to complete the transaction that you have requested, i.e., to deliver the information, products or other services that you order, and to invoice you. Such information is collected and stored through encrypted means for your protection.
- HOW WE USE THE INFORMATION COLLECTED
As applicable, the information you provide to us may be used to:
- contact you about the Site;
- contact you relating to your membership status;
- confirm or fulfill an order you have made;
- monitor or improve the use of the Site;
- customize the advertising and content you see;
- monitor compliance with our terms and conditions of use of the Site;
- provide special offers to you from DISTINCTIVE MEDIAWORKS and/or their respective affiliates and subsidiaries and other third parties;
- send you promotional material on behalf of our partners;
- inform you of a prize you have won
- WITH WHOM THE INFORMATION MAY BE SHARED
At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:
- Agents: We employ other businesses, certain services and individuals to perform functions on our behalf. Examples include fulfilling orders, sending e-mail, removing repetitive information from customer lists, Site analysis, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personally identifiable information needed to perform their functions, but may not use it for other purposes.
- Promotional Offers: We may send offers to you on behalf of other partners. When we do this, we do not give that partner your name and address. If you do not want to receive such offers, you may opt out in the email or change your preferences.
- Aggregate Information: We may share aggregate information such as demographics and Site usage statistics to advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
- Opt-in and Opt-out Programs: Throughout the Site you may be presented with opportunities to receive special offers from third parties. An opt-in/opt-out message will ask you if you would like your information to be shared. If you do choose to have your information shared, in an effort to protect you, third parties who have access to personally identifiable information must abide by the current Site privacy policy. However, we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such Web sites prior to providing your personally identifiable information.
- Third-Party Ad Serving & Audience and Traffic Measurement Services: The Site may use a third party network advertiser to serve the advertisements on the Site or may use a traffic measurement service to analyze the traffic on the Site. Network advertisers are third parties that display advertisements based on your visits to this Site and other Web sites you have visited. Third-party ad serving enables us to target advertisements to you for products or Web sites you might be interested in
- Audience and Traffic Measurement Services allow us to collect anonymous traffic and behaviour information from our Site by monitoring anonymous visitor activity. Although advertisers or other companies do not have access to the Site cookies, the Site's advertisers, sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Cookies allow third party advertisers to show you advertisements or content you might be interested in. Other companies' use of their cookies is subject to their own privacy policies, not this one.
- DISTINCTIVE MEDIAWORKS Subsidiaries and Affiliates: We may share your information (including, without limitation, personally identifiable information) with subsidiaries and affiliates of DISTINCTIVE MEDIAWORKS
- Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
- CHAT ROOMS, FORUMS, AND MESSAGE BOARDS
The Site may make chat rooms, forums and message boards available to its users. You are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. DISTINCTIVE MEDIAWORKS cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
- LINKS TO OTHER WEB SITES
You should be aware that when you are on the Site you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Site onto a different Web site. This includes links from advertisers, sponsors and partners that may use the Site's logo as part of a co-branding agreement. These other Web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that site's privacy policy before providing any personal information.
- SECURITY
This Site incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Your personally identifiable information is transferred to our computers utilizing encryption software. Only those employees who need access to your information in order to do their jobs are allowed access. Our security policies are reviewed periodically and revised as required.
- A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Site is a general audience site. We do collect personal information from children under the age of thirteen on the Site. "We" do so in compliance with the Children's Online Privacy Protection Act including, without limitation, obtaining necessary parental consent. The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience.
- NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY
By using this Site, you signify your agreement to the terms of our privacy policy. If we decide to change or update this privacy policy, we will give you notice of the changes made so you can be aware of such revised privacy policy. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by way of an email or some other means. Your continued use of the Site shall constitute your acceptance of such revised privacy policy. CORRECTING/UPDATING PERSONAL INFORMATION If your personally identifiable information changes or if you no longer desire to access our Site, we will endeavour to provide a way to correct, update or remove the personal data you have provided to us. This can be done by sending us an email at info@distinctivemediaworks.com
Questions regarding this statement should be directed to:
c/o NPBL
Distinctive MediaWorks & BCB Television Department
Suite 300, 400 5th Avenue SW
Calgary, Alberta Canada T2P 0L6