The following terms and conditions govern all use of the londonnews1.com site and all content, services and products available at or through the site (taken together, the site). The site is owned and operated by Lee Friday (“Friday”). The site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Friday’s Privacy Policy) and procedures that may be published from time to time on this site by Friday (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these terms and conditions are considered an offer by Friday, acceptance is expressly limited to these terms.
This site is provided “as is” without warranties of any kind.
You agree that this site shall not be responsible for any comments posted by site visitors, and any downloading of materials or accessing of links found within these comments is done at your own risk and you will be solely responsible for any damages to your computer or data that results.
When you post comments, material, or links on this site, or otherwise make (or allow any third party to make) material available by means of the site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Friday or otherwise.
By submitting Content to Friday for inclusion on this site, you permit this site to display and distribute the Content, and to use it for advertising and promotion. You grant Friday a complete, perpetual, world-wide, royalty-free, and non-exclusive right to use, reproduce, modify, adapt, translate, distribute, publish, and sub-license etc. the Content, in whole or in part, solely for the purpose of promoting this site.
When posting comments on this site, please stay on topic and avoid shouting (using all capital letters), vulgarity, obscenity, profanity, ethnic slurs, hate speech, sexually explicit language, harassment, abuse, and threats. Disagreement is fine, but let us debate with courtesy and respect.
Without limiting any of the above representations or warranties, Friday has the right (though not the obligation) to, in Friday’s sole discretion (i) refuse or remove any content that, in Friday’s opinion, violates any Friday policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the site to any individual or entity for any reason, in Friday’s sole discretion.
Responsibility of Site Visitors
This site may contain content which some people find offensive or objectionable. This site may also contain material, the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Friday disclaims any responsibility for any harm resulting from the use by visitors of this site, or from any downloading, copying, or use, by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which londonnews1.com links, and that link to londonnews1.com. Friday does not have any control over those non-Friday websites and webpages, and is not responsible for their contents or their use. By linking to a non-Friday website or webpage, Friday does not represent or imply that he endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Friday disclaims any responsibility for any harm resulting from your use of non-Friday websites and webpages.
Intellectual Property
This Agreement does not transfer from Friday to you any Friday or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Friday. Friday, londonnews1.com, the londonnews1.com logo, and all other trademarks, service marks, graphics and logos used in connection with londonnews1.com, or the site are trademarks or registered trademarks of Friday or Friday’s licensors. Other trademarks, service marks, graphics and logos used in connection with the site may be the trademarks of other third parties. Your use of the site grants you no right or license to reproduce or otherwise use any Friday or third-party trademarks.
Changes
Friday reserves the right, in his sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the site following the posting of any changes to this Agreement constitutes acceptance of those changes. Friday may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Friday may terminate your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Friday hereby disclaims all warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Friday does not warrant that the use or performance of this site will be timely, uninterrupted or free of error, or that access to the site will be continuous, or that this site or its server will be free of viruses. You understand that you download from, or otherwise obtain content or services through, the site at your own discretion and risk. In no event shall Friday be liable for any loss or injury, direct or indirect, incidental, consequential, special or exemplary damages, or any damages whatsoever arising from the use or performance of this site or from any information, services or products provided through this site, even if this site has been advised of the possibility of such damages. In the event that applicable law prevents the exclusion of liability for certain warranties, such exclusion does not apply to you to the extent limited by law.
General Representation and Warranty
You represent and warrant that (i) your use of this site will be in strict accordance with the Friday Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Friday from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this Agreement.
Disputes
You agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to your viewing, using, or interacting with this site, including solicitation issues, privacy issues, and terms of use issues.
In no case shall a site viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. A viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the arbitration rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
You agree that arbitration shall be conducted in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. In the event that applicable law prohibits a particular claim from being resolved through binding arbitration, you agree that the venue for resolution of such claims will be the provincial and federal courts located in London, Ontario, Canada.
Miscellaneous
This Agreement constitutes the entire agreement between Friday and you concerning the subject matter hereof, and may only be modified by the posting by Friday of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the site will be governed by the laws of the Province of Ontario, Canada, excluding its conflict of law provisions.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Friday may assign his rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Notice
No additional notice of any kind for any reason is due to you and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the site.
