TERMS AND CONDITIONS OF USE OF THE WEBSITE

LIFESTYLEMAGAZINE.CA (“THE WEBSITE”) IS PROVIDE TO YOU (“YOU” OR “USER”) BY WEB IMPACT INC. (“WEB IMPACT") SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "TERMS OF USE").  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.  IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

These Terms of Use terms do not change in any way the terms or conditions of any other agreement you may have with Web Impact or its affiliates for products, services or otherwise.  Web Impact reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline of the Website, at any time and in its sole discretion.  Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website will constitute your acceptance of such changes or modifications. You should review the Website Terms of Use and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Website.  If you do not agree to any amended terms, you must stop using the Website.

Ownership and Copyright and Trademarks

Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Turnit  logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as “Content” is defined below) and the selection and arrangement thereof (collectively, the "Website Content") are the proprietary property of Web Impact or its licensors, participating publishers, or users and are protected by national and  international copyright laws.  The Website Content is Copyright © 2008 Web Impact Inc.  All third-party Website Content that is copyright of the respective publishers.  All Rights Reserved.

The Website is a distributor with regard to content supplied by third-party suppliers, publishers, and Users, therefore, this website and/or Web Impact has no more editorial control over such content than a public library, bulletin board, bookstore, or newsstand.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including publishers, information providers and Users are those of the respective author(s) or distributor(s) and not of the Website or Web Impact.

Your dealings or communications through this website with any party other than the website or Web Impact are solely between you and that third party.   For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services, such as publication subscriptions. In most cases, these transactions will be conducted by our third-party partners and vendors.  Regardless of how these transactions take place, under no circumstances will the Website or Web Impact  be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

TURNIT, Web Impact, the triangle logo in Web Impact’s logo, and all other product or service names or slogans displayed on the website are registered and/or common law trademarks of Web Impact and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Web Impact or the applicable trademark holder.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Web Impact and may not be copied, imitated or used, in whole or in part, without the prior written permission of Web Impact.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Web site or Web Impact.

Limited License

Web Impact grants you a limited, nonsublicensable license to access and use the Website and to view, copy and print portions of the website Content.  Such license is subject to these Terms of Use, and specifically conditioned upon the following:  (a) you may only view, copy and print portions of the Website Content for your own informational, personal and non-commercial use;  (b)  you may not modify or otherwise make derivative uses of the website or the website content, or any portion thereof;  (c) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the website content;  (d) you may not use any data mining, robots or similar data gathering or extraction methods; (e)  you may not use the website or the website content other than for its intended purpose;  (f) you may not use ANY method to break, slow-down, or hamper the operations of the Website; and (g) you may not reproduce, prepare derivative works from, distribute or display the website or any website content (except for page caching), except as provided herein.   Except as expressly permitted above, any use of any portion of the Website or Website Content without the prior written permission of Web Impact is strictly prohibited and will terminate the license granted herein.

Nothing in these Terms of Use may be construed as conferring any ownership or license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Furthermore, you represent and warrant that your use of the website and website content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.  You expressly agree to indemnify Web Impact  against any liability to any person arising out of your use of Website Content not in accordance with these Terms of Use.

Links to the Website

If you operate a web site and wish to link to the Website, you may link only to the home page, http://www.lifestylemagazine.ca, and not to any other page or sub-domain of the Website without Web Impact’s express written consent.  You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website without Web Impact’s express written consent.  You may not alter or modify in any way, the Website including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.

Membership and Registration

Certain areas of Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content.  The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the website.  You may also provide information on the website in other contexts, including, for example, to enter into a sweepstakes or promotion.  When you register or become a member of the website or provide information on the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.  Using a name other than your own legal name is prohibited (except in those specific areas of the website that specifically ask for unique, fictitious names, e.g., message boards and chat rooms).  You agree that Web Impact and the website may use the information you provide to us according to the Privacy Policy that is available on the Website.

If you become a member of the Website you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights.  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the website using your name in whole or in part.  Web Impact and the Website reserve the right to terminate membership and deny access to the Website to any person who violates this Terms of Use.

Interactive Areas of the Website

The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Website ("Interactive Areas").  If the Website provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.  By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following: (a) Any message, data, files, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b)  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 local, state, national or international law; (c) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security, Social Insurance numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; (h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or (i) Content that, in the sole judgment of the Website and/or Web Impact, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose the Website and/or Web Impact or its affiliates or its users to any harm or liability of any type.

The Website and Web Impact takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Website and Web Impact liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Website and Web Impact Inc. are not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.  Although the Website and Web Impact have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, the Website and Web Impact reserve(s) the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Website’s and Web Impact’s systems and customers, or to ensure the integrity and operation of the Website’s and Web Impact’s business and systems, The Website and/or Web Impact may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.  The Website’s and Web Impact’s right to disclose any such information shall govern over any terms of the Website’s or Web Impact’s Privacy Policy.

Rights to User Content

By posting or distributing Content to or through the Website, unless we indicate otherwise, you (a) grant the Web Impact and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Web Impact and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.  You further grant Web Impact the right to pursue at law any person or entity that violates your or Web Impact’s rights in the Content by a breach of these Terms of Use.

Content submitted by users will be considered non-confidential and Web Impact is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Web Impact reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.  Web Impact is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to the Website and/or Web Impact.  The Website and/or Web Impact shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by the Website and/or Web Impact or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release the Website, Web Impact, and its licensees, successors and assigns, from any claims that you could otherwise assert against the Website and/or Web Impact by virtue of any such moral rights.

Advertisements and Promotions

Web Impact may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Website and Web Impact, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  The Website and Web Impact are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Software Available On This Web Site

Any software that is made available to download from this Website ("Software") is the copyrighted work of Web Impact and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement which accompanies or is included with the Software ("License Agreement").  End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Use of such Software by you is expclicit acceptance of the License Agreement governing the Software.  Any such Software is not available to Users in territories where its distribution is prohibited by law.

E-Mail

The Website and Web Impact respect the privacy of its readers.  However, the Website and Web Impact do make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.  Registrants may change their user profile at any time by visiting the "edit my profile" section on the website.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WEB IMPACT, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WEB IMPACT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE.  WEB IMPACT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE WEBSITE, THE WEBSITE CONTENT OR ANY PORTION THEREOF.

WEB IMPACT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, CONTENT, TEXT, OR PHOTOGRAPHY.  WHILE WEB IMPACT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES SAFE, WEB IMPACT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST THE WEB IMPACT, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT TWEB IMPACT HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE WEBSITE.  YOU USE THE WEBSITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER WEB IMPACT NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY WEBSITE CONTENT OR OTHER INFORMATION OBTAINED FROM WEB IMPACT OR ACCESSIBLE VIA THE WEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE AND/OR WEB IMPACT’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WEBISTE AND WEB IMPACT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE WEBSITE AND/OR WEB IMPACT FOR ACCESS TO OR USE OF THE WEBSITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Copyright Complaint Policy

Infringement Notification:  If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Web Impact that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):  (1) A clear identification of the copyrighted work you claim was infringed.  (2) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material. (3) Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. (4) Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." (5) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed." (6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Notices of claims of copyright infringement on this website should be emailed or mailed to:

Web Impact Inc., Attn: Legal Department, 99 Atlantic Ave., Suite 200, Toronto, Ontario, M6K 3J8, Canada.  Email: info@web-impact.com.  Telephone: (416) 815-2000 ext. 228.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

General

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement has been made in and shall be construed and enforced in accordance with Province of Ontario law, hence the jurisdiction of any disputes shall be the Province of Ontario.  If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of the Website and/or Web Impact to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.  In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the limitations of license(s) the Website and/or the license(s) you have granted to the Website and/or Web Impact, and all other provisions for which survival is equitable or appropriate.

Service Contact

The Website (excluding Third Party Websites) is controlled and operated by Web Impact Inc. from its offices in Toronto, Ontario, Canada.  If you need to reach us for any reason, please contact us at the following contact information:  Mailing Address: 99 Atlantic Ave., Suite 200, Toronto, Ontario M6K 3J8 Canada; Telephone: (416) 815-2000; Fax: (416) 815-2001; Email: info@web-impact.com

Modification of License and Site Offerings

Notwithstanding any provision of these Terms of Use, the Website and Web Impact reserve the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website, Website Content or Services; (c) change, suspend or discontinue any aspect of the Website, Website Content or Services; and (d) impose limits on the Website, Website Content or Services.

Severability

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 Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us via the following email address: info@web-impact.com

Any rights not expressly granted herein are reserved.

© 2008 Web Impact Inc.