Terms of Use

Welcome to phpstack-911696-4353948.cloudwaysapps.com (the “Site”), operated by Azure Publishing Inc. (“Azure Publishing”).

These Terms of Use apply to all visitors to and users of the Site, whether or not you have registered or subscribed for any of the products or services offered on the Site (“Services”), including any mobile version, or have contributed any Submissions or User Content. By accessing or using the Site, you specify that you have read, understand and agree to these Terms of Use. You also agree to the Terms of Use if you post Azure links on your site.

Azure reserves the right, without prior notice, to modify, supplement, or delete parts, or the entirety, of these Terms of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site.

All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”) are the property of Azure Publishing Inc, and/or other entities under our direction or from whom we have obtained an appropriate licence, with all rights reserved. Except as provided in these terms and conditions, no Site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You recognise that the contents of the azuremagazine.com Site and in particular text, pictorial, video and sound material of all kinds, are protected under the laws on copyright, patent, trademark, branding, design, company, industrial property and/or other legal protection. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site content. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Azure Publishing. The foregoing does not apply to your own User Content that you legally post on the Site.

You are granted a limited non-exclusive and revocable license to access and use the Site and the Site Content , as permitted by the Site functionality, and solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions“), provided by you are non-confidential and may be used by Azure Publishing without limitation. We shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Without limiting the effect of the foregoing, you hereby: grant to Azure Publishing a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Submissions (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all Submissions that you post on, upload or otherwise submit to or through, the Site in favour of Azure Publishing and any others acting at its instruction.

User Information
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms; (b) maintain the security of your password and identification; (c) update the Registration Data for accuracy; and (d) be fully responsible for all use of and actions with your account.

Non-Commercial Use
You may use this Site for personal, non-commercial use only. As a condition of your use of the Site, you agree that you will not (and will not authorize anyone else to) sell or modify any Site Content or User Content or reproduce, display, distribute, or otherwise use any Site Content or User Content in any way for any commercial purpose without our prior written permission. You agree that no materials of any kind submitted or shared by you on or through the Site or the Service will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree to cooperate in causing any unauthorized use of the Site immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or the Services, or interfere with any other party’s use and enjoyment of the Site or the Services.

For greater certainty, prohibited commercial use does not include posting of User Content (defined below) in a manner expressly permitted by the Site’s functionality, including without limitation, the use of the ‘Job Board’, ‘Event Board’, ‘Competition Board’, the ‘Product Guide’, or the creation of a MyAzure page.

In addition, and without limitation, you agree not to use the Service or the Site to:

• collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or the Services;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, all as in our sole and absolute discretion;
• upload, post, transmit, share, store or otherwise make available any content that is not original to you, unless you have obtained all necessary rights in and to such content and all of its components (if applicable) to upload, post, transmit, share, store or otherwise make it available to or through the Site;
• upload, post, transmit, share, store or otherwise make available any content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
• upload, post, transmit, share, store or otherwise make available any content that infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
• upload, post, transmit, share, store or otherwise make available any content other than those of a personal nature that: (i) are of you or your friends, family or colleagues, (ii) are taken by your friends, family or colleagues, or (iii) are original art or animation created by you or your friends, family or colleagues;
• register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity without their expressed permission;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers and credit card numbers;
• solicit personal information, passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any municipal, provincial, federal or international law;
• use or attempt to use another’s account, service or system without authorization, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in our sole and absolute judgment, is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site and/or the Services, or which may expose us or our users to any harm or liability of any type.

User Content Posted on the Site
You are solely responsible for any photos, profiles (including your name, image, and likeness), forum messages and comments, notes, text, information, music, video, listings, and other content that you cause to be uploaded, published or displayed (hereinafter, “post“) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content“). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post from the person who holds the rights to such User Content. We prohibit users from uploading, posting or otherwise transmitting on the azuremagazine.com Site or Service any materials that violate another party’s intellectual property rights, including without limitation, copyright and trade-mark. If you believe that any material on the Site infringes any intellectual property right which you own or control, you may send a written notification of such infringement to us. If we receive notification of an alleged infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material and may in our sole and absolute discretion, terminate the accounts of any infringers.

When you post User Content to a public area of the Site, any personal information that you choose to include in your User Content will appear on the Site, and may be viewed by other visitors to the Site. If you choose to include personal information in User Content you post on this Site, you consent to the public disclosure of the personal information you choose to post in this manner. If you do not wish to publish your personal information in this manner, please do not include it in User Content you post to a public area of the Site.

We have no obligation to review User Content, either before or after it is posted. However, we reserve the right to review the Site, as well as any User Content posted to the Site, and may edit or delete without notice any Site Content or User Content in our sole discretion, at any time and for any reason or no reason, including User Content that in our sole judgment violates these Terms of Use or our Privacy Policy, or which might be otherwise offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site, the Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You waive any and all claims you may now or later have in any jurisdiction to “moral rights” or equivalent rights of authorship with respect to the User Content in favour of Azure Publishing and any others acting at its instruction. If you have posted User Content to the Site you may subsequently request that it be removed from the Site by contacting us using the information provided below.

NOT USER GENERATED We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Site’s home page from any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission, all as determined by us in our sole and absolute discretion. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

The Site contains links (or you may be sent through the Site or the Service) to other web sites (“Third Party Sites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content“). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

The Site offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other User Content, or Third Party Content from, and/or links to, Third Party Sites (where the user has permission from the holder of any rights in such Third Party Content or Third Party Site) through the Service (the “Share Service“). You acknowledge and agree that your use of the Share Services and all links, or User Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use, including without limitation, their provisions relating the privacy and intellectual property rights of others.

AZUREMAGAZINE.COM CANNOT GUARANTEE THAT A MYAZURE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A MYAZURE PAGE. NOR IS AZUREMAGAZINE.COM RESPONSIBLE FOR THE CONTENT OF ANY MYAZURE PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY MYAZURE PAGE, INCLUDING HOW THE OWNER OF THE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS.

You are solely responsible for your interactions with other azuremagazine.com users. We reserve the right, but have no obligation, to monitor or to intervene in disputes between you and other users. We reserve the right to suspend or terminate an azuremagazine.com account or to remove any User Content or other content at our sole and absolute discretion.

Neither we nor our agents or representatives are responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by azuremagazine.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service. All messages and comments posted in forums express the views of the author, and neither azuremagazine.com will be held responsible for the content of any message.

The Site and/or the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE AND ALL SITE CONTENT AND USER CONTENT ARE PROVIDED “AS-IS”. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AZURE PUBLISHING INC DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

We reserve the right, at our sole discretion, to limit or terminate access to the Site, and or the Services, or any portion thereof, to delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Site and/or terminate the registration, subscription or membership of any User who violates these Terms of Use or infringes any intellectual property rights of others.

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW AND EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein then the parties acknowledge that damages is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through azuremagazine.com may be arbitrated. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than two (2) years after the cause of action arose.

You agree to indemnify and hold Azure Publishing Inc, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

These Terms of Use constitute the entire agreement between you and us regarding the use of the Site and/or the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.