Last revised: 02/01/2020
2. PREMISES AND TIME ZONE
3. CHANGES TO THE WEBSITES
4. USE OF WEBSITE
5. REGISTRATION AND SECURITY
6. FEES AND PAYMENTS
7. ONLINE COMMERCE WITH THIRD PARTIES
8. COUPONS AND CONTESTS
9. SUBMISSIONS OF CONTENT BY USERS
11. MOBILE SITES AND APPLICATIONS
12. INTELLECTUAL PROPERTY
14. NOTICE OF PROFESSIONAL INFORMATION
15. LIMITATION OF LIABILITY
19. GOVERNING LAW AND JURISDICTION; ENGLISH LANGUAGE
- 2.1 Any person who accesses the Websites does so at their own initiative and is responsible for complying with all laws applicable in their jurisdiction.
- 2.2 All content posted on our Websites shall be deemed to reference Eastern Standard Time; in case of any discrepancies between our published offer time and the retailer’s offer, the retailers offer time shall always govern.
- 3.1 Newcom reserves the right, at its sole discretion, to modify, suspend, limit the Services or terminate any item contained in its Websites, at any time, including the availability of any content, function or database. Newcom may also impose limits on certain items or restrict the access to certain sections of its Websites without prior notice and without incurring any liability. Newcom reserves the right, at its sole discretion, to correct any errors or omissions contained in one of its Websites, at any time without prior notice.
- 4.1 It is prohibited to use the Websites for advertising purposes without the prior written consent of Newcom.
- 4.2 You undertake not to use the Websites in any way to damage, defect, restrict or inhibit any third party from using and enjoying the Websites.
- 5.1 During the registration to a user’s account on the Websites, you may be asked to select a password and user name. If you register, you agree to provide us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You may not: (i) select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or to make false representations, (ii) use a user name that is subject to any rights of a person other than yourself without appropriate authorization, (iii) use a password or user name that Newcom considers offensive, at its sole discretion or (iv) create a user name for a third party or group of individuals.
- 5.2 You are responsible for maintaining the confidentiality of your password and user name. You should notify Newcom as soon as possible by email (firstname.lastname@example.org) of any unauthorized use of your user account which you suspect or become aware of, or of any known or suspected breach of security.
- 5.3 You are responsible for any use of your user accounts on the Websites. You are responsible for all activities that occur under your user name and shall ensure that you sign out from your account at the end of each session in the Websites. Newcom cannot be held liable for the unauthorized use of your user account or for any loss or damage arising among others as a result of your non-compliance with the security measures mentioned in this section.
- 5.4 You are responsible for updating your user account information on the Websites and you have to remove any invalid information in order to prevent communications from being sent to the wrong person.
- 5.5 Due to the difficulties to make true and accurate authentication of a user’s information on the Internet, Newcom makes no representation regarding the identity of its users. In case a conflict arises between you and one of Newcom’s users, you agree that in no event shall Newcom (including its officers, directors, employees, agents) be held liable for any loss, claims, damages or actions arising, directly or indirectly, from any acts or omissions related to such conflict.
- 6.1 Newcom reserves the right to charge fees for access to its Websites, or any section thereof. Should Newcom charge new fees for access to any section of its Websites, it will notify you in advance in case you would like to cancel your account.
7. ONLINE COMMERCE WITH THIRD PARTIES
- 7.1 As a user of Newcom’s Websites, you may receive various communications on products and services from third parties displayed on the Websites. Through your use of the Websites, you may have the opportunity to engage in commercial transactions with third parties.
- 7.2 Certain Websites may comprise platforms allowing third parties to provide offers and information relating to their products or services. Such third parties are solely responsible for fulfilling the terms of their offers, and Newcom shall in no event be responsible for any discrepancy between the information provided on the Websites and the third party’s terms of fulfillment, including, without limitation, any difference with the in-store price and product description. Newcom is not a party to any third party offer on these Websites and does not endorse, recommend or sponsor any product, service or promotional offer available on these Websites or on any third party website, other than contests in which it is specifically identified as a sponsor. Any correspondence, advertisement, purchase or promotion in relation to a third party, including, without limitation, the delivery of and the payment for, third party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, advertisement, purchase or promotion, is solely between you and such third party. Newcom makes no representations or warranties and does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service or promotional offer of third parties. The images and photographs posted on the Websites in relation to a product, service or promotional offer of a third party are provided solely for information purposes. You acknowledge that Newcom does not pre-screen any content. In particular, Newcom does not control the content created by third parties and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Websites, including, without limitation, any information regarding rebates, coupons, discounts, deals, or other promotions for any product or service offered by a third party. Newcom cannot guarantee that goods or services advertised on the Websites will be available on any terms and conditions (including price) described on or through the Websites at any time. You agree that all such transactions are at your own risk. Newcom declines any liability towards such transaction with third parties.
- 7.3 In no event shall Newcom be liable, directly or indirectly, to anyone for any transaction entered into with third parties in connection with such products, services or other materials for any damages or liability from such services or related thereto. In case a conflict arises between you and a third party, you agree that in no event shall Newcom (including, without limitation, its officers, directors, employees, agents) be liable for any loss, claims, damages or actions arising from any acts or omissions related to such conflict.
9. SUBMISSIONS OF CONTENT BY USERS: Blogs, comments, chat rooms, galleries, bulletin boards and other (collectively the “Platforms”)
- 9.1 All communications and materials which are submitted to the Websites are public and not private. As a user, you are liable for any and all damages resulting from your usage of the Websites, any and all communications or transmissions you may display. You agree to abide to the following rules:
- 9.1.1 Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, sexist, racist, homophobic, abusive, inappropriate, disgraceful, unreasonable, violent, religiously-charged, immoral or illegal, or content in violation of third party rights.
- 9.1.2 Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
- 9.1.3 Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. Newcom encourages lively discussions and debates on the Platforms. Personal attacks are strictly prohibited.
- 9.1.4 Commercial Purposes, Infringement, Self-Promotion. No one should use the Platforms to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe another person’s rights or the enjoyment of the Platforms are also prohibited. It is further prohibited to use the Websites for self-promotion or to upload content for commercial purposes without Newcom’s prior consent.
- 9.2 By using the Websites, you acknowledge and agree not to submit or upload any virus, bug, malware or any harmful computer code, program or file to the Websites.
- 9.3 Newcom offers you the possibility to submit and display certain content such as articles, hyperlinks, text, data, software, music, sounds, photographs, images, videos and other types of materials (collectively your “Material”). You remain at all times responsible for the Material you upload, share or copy on the Platforms or in relation to the Service. You represent that your Material is original and recognize that you own the right, title and interest in and to the copyrights in the Material or have the express permission from the copyright owner, to use the Material for all purposes related to the Service. Images and photographs that are provided to you by professional photographers or made available from third party Websites are protected by copyright and shall not be uploaded, shared or otherwise used in relation with the Service without the appropriate authorizations.
- 9.4 By using the Websites, you acknowledge and agree that you remain the holder of the copyright on all Material you submit as a user to Newcom. Moreover, you acknowledge and agree that by submitting any Material to the Websites, you grant to Newcom, its subsidiaries, affiliates, agents, employees, business partners, a worldwide, unlimited, irrevocable, perpetual, non-exclusive license, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute, adapt, translate, develop ancillary products, communicate, perform in public, archive or index, and give sub-licenses to such Material, sublicense or otherwise do any act that is subject to copyright protection. To this effect, you waive any moral right you may assert in connection with the integrity of your Material. The rights granted in this section are applicable to all media, including without limitation, all print media and digital or electronic media now known or hereafter created for the duration of the copyrights and any renewals. You agree that your name, address, email may be displayed and to communicate the material which shall be considered as not confidential. You acknowledge and agree that you are personally liable for the content of your Material, articles or other content submitted on the Websites, and for the consequences thereof.
- 9.5 You agree not to use any Material that is offensive to the online community, such as content that (i) promotes racism, defamatory, obscene, threatening, abusive, hateful or physical harm of any kind against any group or individual; (ii) is harassing of a person or any comment violating the right to privacy or image; (iii) involves the transmission of spam, junk mail, chain letters or unsolicited mass mailing or business advertisement; (iv) promotes false, libelous, misleading, illegal activities or conduct that is abusive; (v) makes available Material that contains or will contain any disabling mechanism to prevent its use including any virus, worm, Trojan horse routine, trap door, time bomb or any other instructions that may be used to damage, distort, delete, or disable the Material or any Services on any Websites. You agree not to have any activities related to the listing of end users on the Websites.
- 10.1 To facilitate your navigation, the Websites contain hyperlinks or other links to Internet sites managed by third parties. By activating these links, you may have to leave the Websites. Newcom has no control over Websites owned by third parties. These sites are managed entirely by third parties, and Newcom cannot make any representation whatsoever on the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. Newcom displays these hyperlinks solely for commodity, and the fact that third party sites are identified on the Websites should not imply an endorsement by Newcom of such third party sites or and any content therein and does not incur its liability in any way. In no event shall Newcom be liable, directly or indirectly, for any damage or loss arising from or relating to any use on any linked third-party site. All complaints about third-party sites should be addressed directly to the administrators of those sites.
- 10.2 Unless otherwise approved in writing by Newcom, any reproduction of a hypertext or hyperlink from a Newcom’s Website to a third party’s website shall be subject to the following criteria: (i) the look and feel, position and other visual aspects of the link shall not damage or dilute the goodwill associated with a trademark or trade name registered or not by Newcom, (ii) the link must not create a false confusion that the third party is associated with or sponsored by Newcom (iii) the link shall open into a new browser window and shall link to the full version of an HTLM formatted page of the pertinent internet site owned by Newcom. Newcom reserves the right to revoke, at its sole discretion and at any time, the display of the link and to remove it, without further notice.
11. MOBILE SITES AND APPLICATIONS
- 11.2 Your receipt of text messages from Newcom is subject to your carrier’s normal rates and fees and its service provider, such as text messaging fees, data fees or mobile Internet access fees, and such fees may be invoiced in accordance with your terms of services.
- 11.3 In the event that you change or deactivate your mobile telephone number, you must update your user account within 48 hours to ensure that Newcom does not intentionally send messages to another person who has acquired your telephone number.
- 12.1 All content published on or otherwise accessible through the Websites is protected by copyright, patent, trademark and other applicable intellectual property laws. The trademarks – registered or not – and logos used or displayed on the Websites are the proprietary property of Newcom, or third parties. Nothing on the Websites may be interpreted in such a way as to allow the use of such trademarks or logos, directly or indirectly, without the prior written consent of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Websites for commercial or advertising purposes or to increase the number of visitors to your site.
- 12.2 All content accessible through the Websites (including, without limitation, texts, articles, photographs, images, illustrations, audio and video excerpts, software, folders, etc.) are protected by copyright and are the proprietary rights of Newcom, its affiliates, business partners, or third parties content providers. Except for certain clearly stated exceptions, no element on the Websites must be interpreted as giving you any right whatsoever in and to the intellectual property of Newcom, its affiliates, subsidiaries, business partners or third party content providers.
- 12.3 Except as otherwise provided for herein, you may not copy, reproduce, modify, publish, display, distribute, participate in the transfer or sale of, create derivative works from, translate, download, grant under licence, or in any other way exploit, any content displayed or available on the Websites (including any software), whether in whole or in part.
- 12.4 You can download or copy content from the Websites only for your personal, non-commercial use, provided that you maintain all the intellectual property notices they contain. Copying or memorizing any content for purposes other than personal use is strictly forbidden without the prior written consent of Newcom or the holder of the copyrights identified in the notice of intellectual property.
- 12.5 Newcom grants you a personal, non-transferable and non-exclusive right to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code for the Services, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the underlying software. You agree not to obtain or attempt to obtain unauthorized access to the Services or the underlying software. You agree not to access the Services by any means other than through the interface that is provided by Newcom for use in accessing the Services.
14. NOTICE OF PROFESSIONAL INFORMATION
- 14.1 Newcom and third parties display, on the Websites, certain information related to various professional fields such as, arts and professions on health, medicine and fitness related matters, law, accounting, financial planning, investments, labour relationship, accountability, and travelling information (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan and course of action specific for one person. While the Professional Information is frequently updated, information in these fields changes rapidly, and therefore, some of the content may be out of date. The Professional Information is not considered as official professional information and does not replace a professional advice from a professional in the subject matter. Use of a Website does not replace consultations with a qualified relevant professional. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. Newcom, including its sponsors, shall not be responsible or liable, directly or indirectly, in any way for any consequences, loss or damage of any kind incurred as a result of the use of any such Professional Information.
- 15.1 The Websites, the Material and any Services are provided on an “as is” and “as available” basis, except for the terms of any applicable return policy. To the extent permitted by applicable law, Newcom, its subsidiaries, affiliated companies, business partners, licensors, employees, agents and any third-party content providers, disclaim any and all warranties or liabilities, whether express or implied, arising by operation of law or otherwise, with respect to this Internet Site, including, but not limited to, any implied warranties of property, quality, convenience, merchantability and fitness for a particular purpose, usage, availability, validity, accuracy, sufficiency, reliability, integrity, implied warranty of non-infringement or the operation of a Website in a secure way without any interruptions, errors, default, corrections, the absence of virus or any element damageable in the Websites. Without limiting the foregoing, Newcom does not warrant the completeness of the content provided on its Websites or of any results from the searches executed on the Websites.
- 15.2 Newcom shall not be liable for any errors that may be found on the Websites. Newcom and any third party providing content on the Websites, its affiliated companies, officers, employees and agents, shall not be liable for any loss of use, loss of data, loss of income or profit, loss of revenues, or for any act, error, omission in the Websites. In no event shall Newcom can be held liable for any loss, damage (including, without limitation, any indirect, compensatory, incidental, direct, special, punitive, or consequential damages), arising out of the use of (including the sale of any products and services offered on Newcom’s Websites), access to, availability or not of the Websites. In no event shall Newcom’s aggregate liability to you for all damages or Claims relating to the Services (including any products or services purchased, directly or indirectly, through the Services) exceed the greater of (i) $1,000; and (ii) the amounts paid by you to Newcom in the 6 months prior to the bringing of any claim.
- 15.3 By using the Services and its content, you acknowledge and agree that the submission of any digital content to Newcom, and the upload of any Material through the Websites is done entirely at your own risk, and that you will be solely responsible for any loss or damage to your Material or any damage to your electronic system or any loss. You are solely responsible for creating back-ups of your digital content. Newcom cannot be held liable for the suppression of any content.
19. GOVERNING LAW AND JURISDICTION; ENGLISH LANGUAGE
By using a browser feature called a “cookie” and other methods (including tracking pixels, also known as web beacons and log files), Newcom and our third-party Service Providers may gather non-personal information and Personal Information when you visit our websites, services, or apps, such as data about the frequency of your visits to our websites, the duration of your visits, the number of pages you view and the type of Internet browser and operating system you use, the date and time of your query, and your browser language. A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, each time our websites, services, or apps are visited. As part of our email communications and website analyses, we may use web beacons and track URLs. Web beacons are electronic files that count users who access a website or page and can also allow us to see if a cookie has been activated. Web beacons on web pages or email communications allow us to see how successful an article may be or that an email message was successfully delivered and read. Tracked URLs will count the amount of clicks on a web page. This allows us to edit a web page according to the popularity of the articles you read.
We may use this information for purposes including remembering your preferences and settings, providing personalized content, determining the popularity of certain content, authenticating users, determining the effectiveness of any advertising campaigns, and analyzing the behaviour and interests of people (including traffic and trends) accessing our website, services, and apps. We may also allow others to provide analytics services (e.g. Google Analytics) and audience measurement services for us, to serve advertisements on our behalf on the Internet, and to monitor and report on the performance of those advertisements.
You can manage your cookies by installing a third-party program or by reconfiguring your web browser. Most web browsers are initially set up to accept cookies; however, you can delete or disable cookies by modifying your settings. If you decide to disable cookies on our services, apps, and websites, you may not be able to take full advantage of all features of our services, apps, and websites.
Newcom Media Inc.
5353 Dundas Street West, Suite 400