TERMS OF USE – CANADIAN SUBSCRIBERS

Version Effective Date: November 1, 2016

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICE OFFERED BY NEXT ISSUE MEDIA LLC (“COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND/OR OPERATED BY COMPANY FOR USE IN DELIVERING SERVICE TO SUBSCRIBERS WITH BILLING ADDRESSES IN CANADA, INCLUDING, WITHOUT LIMITATION, THE WWW.TEXTURE.CA WEBSITE, AND ANY OTHER SUB-DOMAINS THEREOF AND ALL MOBILE APPLICATIONS AND OTHER METHODS OF CONTENT DISTRIBUTION (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY, WITH THE SITES, “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE OR ANY FUTURE TERMS OF USE, DO NOT USE (OR CONTINUE TO USE) THE SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICE ON THE SITES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH THE SERVICE, ARE BEING PROVIDED TO YOU BY COMPANY AND PARTICIPATING PUBLISHERS. IN THESE TERMS OF USE, “RESIDENT OF QUEBEC” MEAN RESIDENTS OF QUEBEC TO WHO THE CONSUMER PROTECTION ACT (QUEBEC) APPLIES IN CONNECTION WITH THE USE OF A SITE OR THE SERVICE.

1. Description of Service.

The Service is operated by Next Issue Media LLC. The Service includes the Sites that provide you access to a variety of content and information, including the capability to order, subscribe to and receive the delivery of various magazines and other publications, content and products (collectively, the “Publications”) including digital versions of the Publications delivered to you through multiple electronic interfaces including the Sites, mobile applications, web applications or “widgets” and other applications.

2. Acceptance of Terms of Use and Monitoring of Compliance with Terms of Use.

By registering for, accessing or using the Service you represent that you have read, understand and agree to be bound by these Terms of Use and all other policies incorporated by reference in these Terms of Use, including but not limited to the Company’s Privacy Policy located at http://www.texture.ca/legal/privacy-policy/ (the “Privacy Policy”). This acceptance applies whether or not you are a Registered User (defined below) of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Company reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time upon no less than thirty (30) days prior written notice to you by letter, e-mail, text message, bill message or other communications. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND/OR USE OF ANY SOFTWARE, SERVICE AND CONTENT IN CONNECTION WITH THE SERVICE ARE GOVERNED BY THESE TERMS OF USE, PRIVACY POLICY, AND ANY OTHER TERMS OR CONDITIONS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

Company retains the right to monitor the Service to determine a user’s compliance with these Terms of Use, including without limitation the number of downloads, and any operating rules established by Company, and to satisfy any law, regulation or authorized government request.

If you do not abide by the Terms of Use you agree that Company may immediately cancel or terminate your access to the Service (or any part thereof), deactivate or delete your Company-specific user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).

3. Registered User

As a condition to using certain aspects of the Service, you will be required to register with Company (either directly or through Rogers Communications Partnership (“Rogers”)), and create an account (“Registered User”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

You represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);

Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Any personal information you provide in the registration form, through the ongoing use of the Service, or through any inquiries or interactions with the Company’s representatives will be collected in accordance with, and for the express purposes set out in the Company’s Privacy Policy (http://www.texture.ca/legal/privacy-policy/), which is incorporated into these Terms of Use by this reference. For inquiries in regard to the Privacy Policy, or to report privacy related problem, please contact support@texture.ca.

4. Modification of Terms of Use and/or the Service.

Company reserves the right, at its sole discretion, to amend, modify or replace any of the Terms of Use, or change, suspend, impose limits on certain features and services or restrict your access to parts or all of the Service (including without limitation, the availability of any feature, database, or content) at any time but upon no less than thirty (30) days prior written notice to you by letter, e-mail, text message, bill message or other communication. If you do not accept such change, your sole remedy is to terminate the Service within thirty (30) days of your receipt of our notice of change (unless we specify a different notice period) by sending us a notice to that effect no later than 30 days after the amendment takes effect. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. You agree that Company shall not be liable to you or to any third party for any modification of the Terms of Use.

5. Copyright.

Company’s current copyright policy is located at http://www.texture.ca/legal/copyright-policy/ (the “Copyright Policy”) and is incorporated into these Terms of Use by this reference.

6. Restrictions on Use

These Terms of Use apply to all users of the Service, whether or not you are a Registered User.

You shall use the Service for lawful purposes only. The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any Publications, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by Company, those publishers whose publications are offered for sale on the Site (“Participating Publishers”), or Company’s other partners.

By way of example, and not as a limitation, you shall not (and shall not authorize or permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user’s personal use. You grant Company the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Company for sale on the Service by a Participating Publisher or other content provider.

You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

(c) using 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 Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(d) Additionally, you shall not:

  • take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); run Mail list, Listserv, any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
  • conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Company, to its source, or exploit the Service or any service or information made available or offered by or through the Service, 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 Service;
  • attempt to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mail bombing” or “crashing”;
  • forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Company’s ability to monitor or make available the Service; or
  • take any action in order to obtain services to which you are not entitled.
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Service; or copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.

You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Service. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.

Company reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.

7. Limitation on Use.

You shall not login to the Service for the purpose of consuming any Publication to more than 5 devices. Company reserves the right, but not the obligation, to monitor the Service to determine compliance with these Terms of Use, including without limitation the number of downloads, and any operating rules established by Company, and to satisfy any law, regulation or authorized government request.

8. Third Party Software.

You acknowledge that software you may download from the Site or through the Service (“Software”) includes certain third party software which is governed by the applicable license terms thereof. A complete list of such third party software included in the Software, including the applicable terms governing such third party software, can be found at http://www.texture.ca/legal/copyright-policy/. The use of the third party software bundled within the Software is subject to the provisions of such license agreements, and in the event of any contradiction between the provisions of this Agreement and the provisions of such applicable license agreement, the provisions of the applicable third party license agreement shall prevail solely with respect to that specific third party software component. Neither Company nor our third party software provided make any indemnity, representation or warranty with respect to any third party software included within the Software.

9. Fees and Payment.

Company requires payment of fees for certain features of the Service. Should you elect to subscribe to such features (“Subscriptions”), you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon 30 days prior written notice to you by letter, e-mail, text message, bill message or other communications. You shall pay for such Subscriptions with a credit card or other payment method accepted by Company, including an election to pay through your Rogers wireless, telephone, cable or Internet bill (“Payment Method”) that you elect during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity, you may edit your Payment Method information by clicking on My Account in your device application. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue to charge or invoice you, and you will remain responsible for any uncollected amounts, or, at our sole discretion, we may cancel or suspend your account and ability to access the Service. All fees paid hereunder are non-refundable (not applicable to residents of Quebec: If you are a resident of Quebec and you cancel a Subscription in accordance with Section 13, then you will be refunded a portion of your last paid Subscription fee (plus applicable taxes) for any days between your cancellation date and the commencement date of your next renewal period. Residents of Quebec who wish to terminate their Service must do so by contacting the Company at the contact information provided in Section 26). As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The fee for Subscriptions will be billed at the beginning of any paid Subscription term (which may, in some circumstances, be started automatically at the expiration of your free trial period unless you advise that you wish to cancel) and at the beginning of each renewal term thereafter unless and until you cancel your Subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section of My Account.

We automatically bill your Payment Method periodically, based on the length of your subscription. If you are paying through your Rogers bill, then your Texture payment will follow the same Rogers billing date. For example, if your billing date is on the 15th of every month and you sign up on the 10th, on the 15th, you will see two charges go through your Rogers bill: 1) for the 5 days adjustment and 2) for the 1 month subscription billed in advance. If you are not paying through your Rogers bill, then for a one-month subscription we bill your Payment Method each month in advance. We will bill you in each payment month on the calendar day corresponding to the commencement of your Subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your Subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, for a monthly subscription, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed for each payment period may vary due to promotional offers, changes in your Subscription plan, and changes in applicable taxes and you authorize us to charge your Payment Method for the corresponding amounts. If Company changes the subscription fee or other charges for Service from time to time, we will give you no less than 30 days advance notice of these changes.

10. Interactions with Third Parties.

The Service may permit you to link to other websites or resources on the Internet that are not owned or operated by Company, and other websites or resources that are not owned or operated by Company may contain links to the Sites and Service. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Service relating to your use of the Service and that you will act in accordance with those policies, in addition to your obligations under this Agreement. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Your interactions with Participating Publishers and other organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you have a dispute with any Participating Publisher, another use of the Service or any other third party, you understand and agree that Company is under no obligation to become involved. In the event that you have any such dispute, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

11. Company and Site Content.

You agree that the Service contains Content specifically provided by Company, Participating Publishers and Company’s other partners, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

12. User Submissions and Content from Third Party Sites.

The Service may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Service (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service:

  • You hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Sites, the Service and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to Use such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • You represent and warrant (and will promptly demonstrate to Company’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
  • You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
  • You understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated.

Company has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Except with respect to Content commissioned or authored by Company for exclusive publication on the Sites (“NIM Content”), Company is a distributor (not a publisher) of the Content (including Publications). Accordingly, except with respect to NIM Content, Company has no we have no editorial control over the Publications or any other Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications or other Content, offered by the Service, are those of the respective author(s) or publisher(s) and not of Company and Company will not be liable therefor.

Company does not guarantee the accuracy, completeness or usefulness of any Content, including Publications. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any loss or damage caused by your reliance on information obtained through the Service or from the Content (including Publications), any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, e-mailed, accessed, transmitted or otherwise made available via the Service.

13. Termination.

Company may restrict, suspend or terminate any aspect of the Service or your access to all or any part of the Service at any time, with or without cause, upon no less than (i) 60 days advance written notice to you where your billing address is in the provinces of Québec or Newfoundland and Labrador; or (ii) (30) days advance written notice to you where your billing address is in the rest of Canada outside of the provinces of Québec and Newfoundland and Labrador. Any such notice will be provided to you at your billing address. Termination may result in the forfeiture and destruction of all information associated with your membership. Applicable charges continue to apply until the end of the notice period or until the Service is no longer accessible to you, whichever is later. If you wish to terminate your account, you may do so by following the instructions on the Sites. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Warranty Disclaimer.

A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER COMPANY OR PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT PROVIDERS, THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

B. THE SERVICE (INCLUDING WITHOUT LIMITATION THE CONTENT) IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.

Photosensitive Seizure.

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including light-headedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Sites and Service and consult a doctor.

15. Indemnification.

You shall indemnify, and hold harmless Company, its Content providers (including Participating Publishers), its affiliates and each of its, employees, contractors, directors, agents, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, and any other litigation expenses that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

16. General Content Disclaimer.

The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.

17. Literary Works.

All literary works at texture.ca are the exclusive property of the Participating Publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Company’s Registered Users’ personal and non-commercial use. Any other use of literary works downloaded from texture.ca is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from texture.ca, the Registered User hereby acknowledges and agrees to these terms.

18. Public Domain.

Company does not verify the accuracy of public domain designations (if any) and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.

19. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, PARTICIPATING PUBLISHERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICE (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE, (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE-HUNDRED CANADIAN DOLLARS ($100.00) OR THE FEES PAID BY YOU FOR THE SERVICE AND ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.

20. International Use

Company makes no representation that the Content is appropriate or available for use in locations outside of Canada, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations outside Canada, you do so at your own initiative and risk and are responsible for compliance with local laws.

21. Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within two (2) years after the cause of action arose; otherwise, such cause of action is permanently barred.

22. Integration and Severability.

The Terms of Use (and any separate terms of use applicable to Rogers telephone, cable or Internet subscribers) are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and reasonable legal fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

24. Governing Law

Any disputes arising hereunder shall be governed by the laws of the province in which your billing address is located, and the federal laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the exclusive jurisdiction of the courts of such province (including the Federal Court). Please note that your rights and remedies may vary by province.

25. Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by Company are protected by copyright, © Next Issue Media LLC. All rights reserved.

Next Issue Media, Texture and the Texture logo are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites and through the Service may be the trademarks of their respective owners.

26. Contact.

You may contact Company at: support@texture.ca.

These Terms of Use have been drawn up in the English language at the express request of the parties.