1. Acceptance. Welcome to TheLoop (“TheLoop”) operated by Bell Media Inc. (“Bell Media”). TheLoop provides access to information, communication services, videos, forums, personalized content, multimedia content, third-party content and user-generated content (“User Content”), which User Content includes posts, stories, blogs, comments, photos or videos, (collectively, the “Content”). The Loop.ca Network, which includes the Content, search services, and other products and services (collectively, the “Services”) is offered by Bell Media through various mediums and web pages at a number of different web addresses, including www.koulab.com, and pages linked to those pages.
2. Registration, Accounts and Passwords. Certain Services and related features, such as personalization, social media, webmail, and instant messaging, made available over or accessible through TheLoop may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers that you choose or are assigned as a result of any registration via TheLoop; (b) all activities that occur under your password or account; and (c) exiting your account at the end of each session. You agree that your account is non-transferable. Further, you agree to notify Bell Media or the applicable third party of any unauthorized use of your password or account. Bell Media shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or anyone else as a result of, or in connection with, your failure to comply with this Section 3.
3. Rules and Conduct. In consideration of the availability and your use of TheLoop or the Services, you agree, while visiting TheLoop, not to:
(a) post, transmit, link to, or otherwise distribute any information constituting, encouraging or instructing conduct that would constitute a criminal offense or give rise to civil liability, including collecting or providing funds in order to carry out criminal activities, or otherwise use TheLoop or any of the Services in a manner that would give rise to civil liability or violate, intentionally or unintentionally, any applicable law, including securities law;
(b) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would interfere with the operation of TheLoop or the Services or servers or networks connected to the Services, or contravene any requirements, procedures, policies or regulations of servers or networks connected to the Services;
(c) restrict or inhibit any other user from using or enjoying TheLoop, the Services or the Internet, or disrupt the normal flow of dialogue or other usage;
(d) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;
(e) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
(f) use TheLoop or the Services to harm minors in any way;
(g) upload, post, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material, whether or not obtained through TheLoop or the Services, or any derivative work thereof, that is protected by copyright or any other intellectual property rights, such as patent, trade-mark, trade secret or other proprietary rights, without obtaining permission of the copyright owner or rightholder;
(i) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material that you do not have a right to make available under any law or under contractual, fiduciary or employment relationships, including insider information, proprietary or confidential information;
(j) upload, post, email, publish, transmit or otherwise engage in or make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, schemes, or any other form of illegal solicitation;
(k) impersonate any person or entity, including, but not limited to, a Bell Media representative or forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(l) use, reproduce, sell, resell or otherwise exploit TheLoop or any of the Services for any commercial purposes; or
(m) collect or store personal data about other users without their express written consent.
3. Disclaimer Regarding Third Party Content and Third Party Dealings. TheLoop offers user access to third party Content, third party web pages, and search results (the “Third Party Materials”). Bell Media exercises no control over Third Party Materials and does not guarantee the accuracy, completeness, integrity or quality of any Third Party Materials. You agree that Bell Media does not endorse and is not responsible or liable, directly or indirectly, for any Third Party Materials, including availability of same, or any charge, loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Third Party Materials, or related dealings or transactions (“Third Party Dealings”). You agree that all Third Party Dealings, including payment and delivery of Third Party Materials, goods and/or services, and all other terms, conditions, representations and warranties related to Third Party Materials and/or Third Party Dealings, are solely as between you and such third parties, and that any and all risk associated with Third Party Materials or Third Party Dealings rests with you.
6. Professional Information Disclaimer. DO NOT RELY ON THELOOP, THE SERVICES OR ANY CONTENT ASSESSED ON OR THROUGH THELOOP OR THE SERVICES FOR ANY ADVICE, INCLUDING MEDICAL, LEGAL, FINANCIAL OR OTHER ADVICE – CONSULT A MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL SHOULD YOU REQUIRE SUCH ADVICE. From time to time, TheLoop may make available certain information provided by third parties related to various professional fields, including medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for general educational and entertainment purposes only, and should not be interpreted as advice or a recommendation for a specific treatment plan, product, service, or course of action. Use of TheLoop does not replace consultations with a qualified medical, legal, financial or other relevant professional, and the Professional Information is not intended to be, or serve as a substitute for, professional medical, legal, financial or other advice. Always seek the advice of a medical, legal, financial or other appropriate professional with any questions you may have regarding a medical condition or legal, financial or other issue. In addition, while the Professional Information is frequently updated, this information changes rapidly, and therefore some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Bell Media, including its suppliers and third party Content providers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or anyone else as a result of, or in connection with your use of, or reliance on, any such Professional Information.
7. Service Modifications. You acknowledge and agree that Bell Media reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Bell Media will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THELOOP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BELL MEDIA MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; (b) BELL MEDIA SPECIFICALLY MAKES NO WARRANTIES THAT: (i) THELOOP OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THELOOP, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM ARE RELIABLE OR ACCURATE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE THELOOP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THELOOP OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BELL MEDIA, INCLUDING ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BELL MEDIA HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (a) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THELOOP; (b) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO YOUR ACCOUNT, ANY OF YOUR CONTENT OR TRANSMISSIONS; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THELOOP OR THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THELOOP OR ANY OF THE SERVICES, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
13. Trade-marks. TheLoop is a registered trade-mark of Bell Media and all other trade-marks, designs and logos appearing on or through TheLoop are trade-marks of Bell Media, Bell Canada, or their respective affiliates, licensors, and providers. Any use of any of the trade-marks appearing on or through TheLoop without the express written consent of Bell Media or the owner of the trade-mark, as appropriate, is strictly prohibited.
14. Copyright. All Content published on or otherwise accessible through TheLoop, including any Content located through search results but excluding certain User Content as applicable, is protected by copyright. Such Content, and the copyright in such Content, are owned or controlled by Bell Media, its Content suppliers or other third parties. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. You shall not use, reproduce, distribute, publically perform or display, communicate, broadcast, or publish any Content or create derivative works from such Content without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through TheLoop, and maintain such notices in the Content.
15. Territory. The Services are only intended for use by users within Canada.