Welcome to the digital properties of Rogers Media Inc., which include the internet sites, mobile enabled sites and software applications that you download to view Content (“Software”) of Rogers Media (collectively “Rogers Media Sites” or each a “Rogers Media Site”). Unless a Rogers Media Site or any Rogers products or services available on a Rogers Media Site (“Services”) have their own terms and conditions of use, you agree to be bound by these terms and conditions (“Terms”) and any other applicable terms of service, policies or guidelines. If you don’t agree to comply with these Terms, then you may not use any Rogers Media Site. In these Terms, “residents of Québec” means residents of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of a Rogers Media Site and the Services. Rogers Communications Inc. and its affiliates (“Rogers”, “us”, “we” or “our”) reserve the right, at our sole discretion, to modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of modifications and your continued use of the Rogers Media Sites shall be deemed your acceptance of the modified Terms.
Certain of the Services made available on a Rogers Media Site may require registration or subscription. If you choose to register or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that you will not attempt to use the Services under the name of another person. You agree to promptly update any information necessary to ensure that your account is kept accurate, current and complete. You will be responsible for preserving the confidentiality of your account password and will notify us immediately of any known or suspected unauthorized use of your account, and agree to take any reasonable steps necessary to prevent any reoccurrence. You may be held responsible for any loss or damage incurred by us or any other user or visitor to a Rogers Media Site due to another party using your account. If you ever decide to delete your account, you may do so by contacting Rogers at the contact information specified in Section 22.
Some aspects of the Rogers Media Sites or Services may not be available to you unless the applicable personal computer, gaming device, tablet device, mobile device or other digital device (each, a “Digital Device”) you use to access the Rogers Media Sites or Services and your Internet connection satisfy our minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and internet connection as necessary to meet these requirements. You are responsible for any data/roaming usage and charges you incur to access the Service through an internet connection.
We respect the privacy of the users of the Rogers Media Sites. Our collection, use and disclosure of personal information in connection with a Rogers Media Site are governed by the Rogers Media Privacy FAQ located at www.rogersmedia.com/privacy. Personal information collected in connection with a Rogers Media Site may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
The Rogers Media Sites and all text, information, images, audio, video and other material posted on the Rogers Media Sites (“Content”) is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Rogers and/or its affiliates, licensors and related companies. All Content posted on the Rogers Media Sites remains the valuable intellectual property of its owner(s) and you agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content. Except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to:
You do not acquire any ownership rights in the Content as a result of accessing it. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any licence or other rights in connection with any trademarks or logos appearing on any Rogers Media Site. You may not use any trademark or service mark appearing on any Rogers Media Site without the prior written consent of the rightful owner. Rogers will aggressively enforce its intellectual property rights to the fullest extent permitted by law, and owners of any other intellectual property rights may also do so against you personally.
The Services and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Services or the Content without the prior written consent of the owner. Unless otherwise permitted through a Rogers Media Site, you may not distribute copies of Content or materials found on a Rogers Media Site in any form (including by email or other electronic means), without the prior written consent of the owner. Of course, you may encourage others to access the information themselves on a Rogers Media Site and to tell them how to find it.
We welcome links to the homepage of a Rogers Media Site. You may only establish a hypertext link to the homepage of a Rogers Media Site if:
You acknowledge that despite the prohibitions contained above, Content posted on Rogers Media Sites by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other sites. We do not have control over Content provided by third parties and assume no responsibility for such Content. Content you access, transmit or download using the Rogers Media Sites is accessed, transmitted and downloaded at your own risk. Rogers is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. Unless otherwise indicated, those sites have been independently developed by third parties. A link to another site is not an endorsement of that site (nor of any product, service or other material offered on that site) by Rogers or its content providers or licensors. Any dealings you have with advertisers found while using the Services are between you and the advertiser. You acknowledge and agree that Rogers is not responsible or liable to you for any content or other materials hosted and served from any site other than a Rogers Media Site.
For any content that you upload, post, transmit, distribute or otherwise make available for inclusion on a site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of Contributions that you post. You acknowledge and agree that you are solely responsible for any Contributions you make and any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that:
Certain Services are only available to users of a Rogers Media Site who have agreed to pay to use the Services on a subscription basis in order to access certain Content (“Subscription Content”). The following terms apply to Subscription Content:
Your use of a Rogers Media Site, the Service, the Content and any of your Contributions to a Rogers Media Site must comply with these Terms, all applicable laws and our Acceptable Use Policy, which accompanies these Terms and is available at www.rogers.com/terms. For greater certainty, the term “Services” in our Acceptable Use Policy includes the Services covered under these Terms.
to be fully responsible for:
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Rogers and its affiliates, licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, “Rogers Parties”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of:
All Rogers Media Sites, the Services and all Content, material, information or postings found on or accessed through a Rogers Media Site, are provided on an “as is” basis. To the maximum extent permitted by applicable law, the Rogers Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, for a Rogers Media Site, the Services or the Content contained in or accessed through a Rogers Media Site. To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of a Rogers Media Site, the Services or the Content contained in or accessed through a Rogers Media Site, including, without limitation, the contents, transmission or delivery of any Content, information, material, or posting found on a Rogers Media Site, any services provided through a Rogers Media Site (including the Services), or any links to other sites made available on a Rogers Media Site or the content contained on those site(s), or, for Software, the operation of the Software or any feature of the Software. To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties that a Rogers Media Site or access to and use of a Rogers Media Site will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components. For Software, to the maximum extent permitted by applicable law, all representations, warranties and conditions of any kind, express or implied, are excluded including any related to completeness of response, results and workmanlike effort for the Software. You expressly agree that use of a Rogers Media Site and the Services are at your sole risk.
The Rogers Media Sites may make available certain information provided by us or third parties related to various professional fields such as, without limitation, law, accounting, financial planning, pharmaceuticals, medicine and other health and fitness related matters (“Professional Information”). The Professional Information available on the Rogers Media Sites is:
Not applicable to residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, under statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
Not applicable to residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator under the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Rogers will pay all reasonable costs associated with that arbitration. Any arbitration will be conducted in accordance with our Arbitration Protocol, which is available at www.rogers.com/terms.
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any applicable Subscription Terms, any other documents referenced herein and any rules, policies, guidelines or other agreements posted on a Rogers Media Site by Rogers constitute the entire agreement between Rogers and you for your use of a Rogers Media Site and the Services. Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either Rogers or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained in these Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. If any portion of these Terms is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect Rogers’ original intentions and the remainder of the provisions shall remain in full force and effect. Neither the course of conduct between you and Rogers nor trade practice shall act to modify any provision of these Terms. These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on your and Rogers’ respective successors and assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent. The provisions of Sections 14-21 shall survive termination of the Service. If you are dissatisfied with a Rogers Media Site or with these Terms, then your sole remedy is to stop using Rogers Media Sites. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
To contact Rogers in connection with these Terms or the Rogers Media Sites, send an e-mail to firstname.lastname@example.org or write to Rogers Media Web Customer Care, One Mount Pleasant Road, 8th Floor, Toronto, ON M4Y 2Y5.
Please direct any questions or comments regarding this Acceptable Use Policy (“AUP”) and complaints of violations of this AUP by subscribers to email@example.com. Except where otherwise indicated, “you” and “your” means you and every person who uses the Services through your account. Introduction When using our services, the Equipment, our facilities or networks and any products, content, applications or services in conjunction with the Services or Equipment, you must comply with all applicable laws, and our policies, rules and limits including this AUP. This AUP supplements and is incorporated into the Rogers Terms of Service (the “Terms”), which accompanies this AUP. It is also available at www.rogers.com/terms. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY ROGERS THAT YOU ARE TERMINATING THE SERVICES. Prohibited Activities Without limitation, you may not use (or allow anyone else to use) our Services to:
Unlawful or Inappropriate Content Any Rogers Party reserves the right to move, remove or refuse to post any content, in whole or in part, that it, in its sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this AUP. This includes, without limitation:
For purposes of this AUP, “content” refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings. Security As set out above, you are responsible for any misuse of the Services, by you or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including, without limitation, wireless networking and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash?” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Rogers recommends against enabling file or printer sharing of any sort. Rogers recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate. You agree to treat as confidential all access codes, personal identification numbers and/or other passwords that we may provide to you for use with the Services. Unsolicited Communications As set out above, the Services may not be used to send unsolicited, bulk or commercial messages or for any other unsolicited communications. This includes, without limitation, using automatic dialing and announcing devices to or otherwise make unsolicited voice or facsimile calls and bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such communications may only be directed to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. You may not reference any Rogers network (for example, by including “Organization: Rogers” in the header or by listing an IP address that belongs to a Rogers network) in any unsolicited e-mail even if that e-mail is not sent through a Rogers network. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. Rogers is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at Rogers’ sole discretion. User-Generated Content Services “User-Generated Content Services” or “UGC Services” refers to any services that allow an end user to post, upload or generate content online to be shared with a limited or unlimited number of recipients and may include, without limitation: newsgroups, online forums, message boards, chat programs, wiki’s, photo sharing services, customer review sites, video sharing services, blogs and web hosting. Any User-Generated Content Services accessed through the Services must be used in accordance with the following:
You must comply with the then current bandwidth, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Services, nor represent (in the sole judgment of Rogers) an unusually large burden on our networks. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede Rogers’ ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Rogers. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal access to and use of the Internet. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. Your use of the Services may be subject to a usage limit, as set out in your Service Agreement. If you exceed that limit, you may be subject to additional usage charges. See www.rogers.com/uselimits for the current usage allowance for your Services. Network Management We reserve the right to manage our networks in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers. For details on our network management practices, visit www.rogers.com/networkpolicy. Violation of this Acceptable Use Policy As set out in the Terms, we have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this AUP, any of the Rogers Parties may take any responsive actions they deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. The Rogers Parties will have no liability for any such responsive actions. The above described actions are not exclusive remedies and the Rogers Parties may take any other legal or technical action deemed appropriate. Upon termination of an account, any of the Rogers Parties are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the governing law provision set out in the Terms. Complaints Please direct any complaints of violations of this AUP to firstname.lastname@example.org or contact us at 1-888-ROGERS1. Questions or complaints, concerning third party content should be addressed to the applicable content provider. ™ Rogers Communications Inc. © 2007-2015