These Terms and Conditions, the futureshop.ca WEB SITE USE AGREEMENT
and the Forum Guidelines apply to all activities on the Future Shop Forum (the "Forum"). References in the Web Site Use Agreement to the Website will be deemed to include the Forum. In addition, the following terms and conditions apply which are specific to the Forum.
MONITORING AND RIGHTS TO MODIFY
Future Shop does not generally edit or monitor content posted by participants in the Forum. However, Future Shop retains the right, at its sole discretion, to limit users' access to the Forum and to remove material that, in Future Shop's sole judgment, does not comply with the current Guidelines, these Terms and Conditions or the Web Site Use Agreement (collectively, the "Rules"), or that is otherwise inappropriate for the Forum, harmful, objectionable, or inaccurate. Future Shop also retains the right to assign such right to others. Future Shop is not responsible for any failure or delay in removing such material. Moderators may take any action they deem necessary in their own judgment to support the Rules, and, in general, that can detract from the experience of other users or the purpose of the Forum. Such actions may include editing or deleting material and banning individual users.
GENERAL USE RESTRICTIONS
In order to be a participant in the Forum, you must be at least 13 years of age. You represent and warrant to Future Shop that you possess the legal right to use the Forum in accordance with the stated terms and usage policies.
USE OF THE MATERIALS
The information, artwork, text, video, audio, data, software, formatting, branding and pictures contained on the Forum, including any of the foregoing submitted by participants (collectively, "Materials") are protected by copyright and other laws. You may only access and use the Materials for personal or educational purposes. You may print Materials on the Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. Your use of the Forum is permitted only for your private, non-commercial purposes, and you will comply with the Terms and Conditions and any other applicable terms and notices, as well as with applicable laws. Future Shop may terminate this permission to use the Materials at any time.
You acknowledge and agree that you otherwise have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. For clarity but without limitation, you may not:
- publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell, or make commercial use of the Forum or any Materials;
- systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
- make derivative uses of the Forum or the Materials; or
- use, frame, or utilize framing techniques to enclose any portion of the Forum (including the images found at the Forum or any text or the layout/design of any page or form contained on a page).
); that you own or otherwise control all of the rights to the Submissions; that the Submissions are accurate; that use of the Submissions that you supply does not violate the Rules and will not cause injury to any person or entity; and that you will indemnify Future Shop for all claims resulting from Submissions you supply.
You hereby license and grant Future Shop and its affiliates and sub-licensees a non-exclusive, royalty-free and free of charge, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such Submissions or any concept described in it throughout the world in any media, product and/service, including, without limitation, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity.
You agree that you will have no recourse against Future Shop for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions and that you irrevocably waives any and all "moral rights" in such Submissions, including the rights of paternity and integrity.
Future Shop may from time to time request or permit video Submissions on various topics including without limitation "How To" videos, product reviews, video blogs, or solutions to technical problems (collectively "Videos").
Videos may be hosted either by Future Shop or on a third party site or tool such as Youtube ("3rd Party Site"). By submitting a Video, you agree that Future Shop may grant a sub-license to the 3rd Party Site to host and display the Video. The 3rd Party Site may have terms and conditions related to use of the 3rd Party Site and you therefore agree to follow and be bound by the terms and conditions of that site.
Do not include personal information (name, address, age or phone number) of any individual (including yourself) in your video.
Where an entrant or any person appearing in an entered video is a minor, a parent or legal guardian who has reached the age of majority in his or her Province of residence, must confirm the entrant or video participant’s acceptance of these rules and regulations. Any prize won by a minor must be awarded in the name of the parent of legal guardian.
You agree that where other persons appear in your Video that you have their consent and all permissions necessary for you to grant the license contemplated under these terms and conditions.
Videos must not contain any third party intellectual materials that are used without permission. For example, do not use music files or background images unless you have all rights in such materials necessary to grant the licenses contained in these Terms and Conditions.
You understand that your content will be publicly available to others and that Future Shop has no obligation to prevent the unauthorized copying, dissemination, alteration or other use of your Submissions by others.
SUBMISSION RELATED TO FUTURE SHOP'S PRODUCTS OR SERVICES
You agree that any Submissions posted by you anywhere on the Forum relating to Future Shop's products or services (including without limitation feedback, suggestions or ideas regarding current or future products or services or any manner in which we conduct business) will be the property of Future Shop and may be freely used by Future Shop on a non-confidential and unrestricted basis for any purpose without obligation to you of remuneration. You hereby assign to Future Shop all right, title and interest (including all intellectual property rights) worldwide in and to such Submissions and agree to assist Future Shop, at Future Shop's request and expense, in perfecting and enforcing such rights.
Participants provide most of the Material in the Forum. Such third-party content is the sole responsibility of the person originating the material. Future Shop does not control and is not responsible for this third-party material. Where Future Shop employees contribute materials or provide opinions, such materials or opinions are not the position of Future Shop and are not binding on Future Shop.
Future Shop does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement on intellectual property rights, or quality of any material that appears in the Forum, regardless of who originates that material. You expressly understand and agree that you bear all risks associated with using or relying on the material. Future Shop will not be liable or responsible in any way for any content in the Forum, including, but not limited to, any errors or omissions in the material, or for any losses or damage of any kind incurred as a result of the use of or reliance on any material. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained any where else in the Web Site Use Agreement that applies to the www.futureshop.ca and all related sites.
Your use of the Forum is at your own risk and you are responsible for any actions you take on the Forum and any actions that you take based on information gained on the Forum. Further, please note that there are always risks associated with providing personal or other data, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof." As such, you are advised to not, under any circumstances, use your full real name or give out your detailed address, phone number or any other personally identifiable information about yourself or anybody else on a message board, chat room and/or any other similar medium.
PERSONAL INFORMATION AND DATA PROTECTION
Last updated June 18, 2008.