3. Registration, Accounts and Passwords. Certain of the Services and related features, such as personalization, instant messaging, and webmail, made available over the Sympatico.ca Network 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 which you choose or are assigned as a result of any registration over the Sympatico.ca Network, and (b) all activities that occur under such password or account. Further, you agree to notify Sympatico or the applicable service provider of any unauthorized use of your password or account. Sympatico shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct. In consideration of the availability and your use of the Services, you agree, while visiting the Sympatico.ca Network, not to:
a. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sympatico.ca Network or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Sympatico.ca Network, the Services or the Internet;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
d. 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;
e. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Sympatico.ca Network or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
f. impersonate any person or entity, including, but not limited to, a Sympatico representative or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
g. use, reproduce, sell, resell or otherwise exploit the Sympatico.ca Network or any of the Services for any commercial purposes.
7. Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Sympatico.ca Network or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Sympatico assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Sympatico shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
8. Windows Live Mail, Bell Mail Services. Windows Live Mail is provided by Microsoft pursuant to the terms provided when registering for Windows Live Mail. You may also be a subscriber to email services offered to you through your Bell Canada Internet Service, which includes Bell Mail. Your use of Bell Mail is governed by separate terms and conditions.
10. Pay Services. Certain of the Services made available over the Sympatico.ca Network may be offered by Sympatico on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by Sympatico on a "prepaid" or on a "pay as you use" basis. Should you choose to purchase access to a Pay Service, you will be required to register as described in Section 3 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to Sympatico at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. Sympatico reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including, without limitation, all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
11. Downloads and Shareware. Sympatico's Downloads sections allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Sympatico, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
12. Disclaimer Regarding Third Party Content. The Sympatico.ca Network offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Sympatico.ca Network websites and web pages or sites displayed as search results or contained within a directory of links on the Sympatico.ca Network, Sympatico generally exercises no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that Sympatico shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
13. Disclaimer regarding Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Sympatico.ca Network search services are protected by copyright and/or other intellectual property laws. Sympatico does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Sympatico.ca Network, all of the Multimedia Content contained on such sites is owned and served by entities other than Sympatico. The Sympatico.ca Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Sympatico.ca Network search services for commercial or noncommercial purposes, you must contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
14. Professional Information Disclaimer. DO NOT RELY ON THE SYMPATICO.CA NETWORK OR ANY CONTENT ASSESSED ON OR THROUGH THE SYMPATICO.CA NETWORK FOR MEDICAL ADVICE – CONSULT YOUR PHYSICIAN. The Sympatico.ca Network makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Sympatico.ca Network 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 advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 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 Sympatico, 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 as a result of, or in connection with your use of, or reliance on, any such Professional Information.
15. User Content. In respect of any and all content you elect to post on the Sympatico.ca Network which is accessible by the general public, you grant Sympatico a world-wide, royalty-free, nonexclusive, and unrestricted perpetual license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and, subject to any specific terms that you may agree to in respect of a specific posting of content, shall terminate at the time you delete such content from the Service.
16. Service Modifications. You acknowledge and agree that Sympatico reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Sympatico 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.
18. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SYMPATICO.CA NETWORK AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SYMPATICO 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, AND (B) SYMPATICO SPECIFICALLY MAKES NO WARRANTIES THAT THE SYMPATICO.CA NETWORK OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SYMPATICO.CA NETWORK OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
19. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SYMPATICO, INCLUDING ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SYMPATICO HAD 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 THE SYMPATICO.CA NETWORK, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SYMPATICO.CA NETWORK OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
21. No License; Intellectual Property of Sympatico and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of Sympatico's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Sympatico.ca Network and Services is protected by copyright, trademark, patent, or other proprietary rights of Sympatico, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Sympatico.ca Network. Further, you agree not to modify, alter, or deface any of the trade-marks, service marks, or other intellectual property made available through the Sympatico.ca Network nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Sympatico.ca Network.
22. Trade-marks. Sympatico, Bell, Celebedge, Dramarama, Fashionism, Indiscover, Starblogue, Synchro, The Cheap Seats are trade-marks of Bell Canada. Other trade-marks are trade-marks of their respective owners. Any use of any of the trade-marks appearing on the Sympatico.ca Network without the express written consent of Sympatico or the owner of the trade-mark, as appropriate, is strictly prohibited.
23. Copyright. All Content published on or otherwise accessible through the Sympatico.ca Network is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Bell Canada or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted 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 the Sympatico.ca Network, and maintain such notices in the Content.
24. Territory. The Services are only intended for use by users within Canada.