Making Progress

The Next Media Ventures Blog

Legal Notice & Privacy Policy

Next Media Ventures Terms of Use

The Site located at www.nextmediaventures.com is the property of Next Media Ventures. By using this site, you agree to these terms; if not, please do not use this site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Next Media Ventures and/or its owners, subsidiaries, affiliates and partners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Next Media Ventures express prior written consent.

You may use information on Next Media Ventures purposely made available by Next Media Ventures for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Next Media Ventures reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Next Media Ventures server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Next Media Ventures, including any Next Media Ventures account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Next Media Ventures systems or networks, or any systems or networks connected to the Site or to Next Media Ventures.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Next Media Ventures on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Next Media Ventures or others.

Links to Third-Party Websites and Content

The Next Media Ventures site contains links to other websites that are not owned or controlled by Next Media Ventures (“Third-Party Websites”) as well as photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third-parties (the “Third-Party Content”). Next Media Ventures has no control over, and assumes no responsibility for any Third-Party Websites accessed through Next Media Ventures, or any Third-party Content posted on Next Media Ventures, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Websites or the Third-Party Content. Next Media Ventures does not investigate, monitor, edit, or censor any Third-Party Websites or Third-Party Content. Inclusion of or linking to any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by Next Media Ventures. When clicking on coupon codes or other links to merchants on the Next Media Ventures site, you may be sent, via a new Web browser window, directly to the merchant’s site to complete your transaction.

We encourage you to be aware when you leave Next Media Ventures, and access any Third-Party Websites. If you leave Next Media Ventures and access any Third-Party Websites, be mindful that our terms and policies no longer govern, and that you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites that you visit.

Disclaimers

NEXT MEDIA VENTURES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NEXT MEDIA VENTURES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NEXT MEDIA VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXT MEDIA VENTURES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NEXT MEDIA VENTURES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NEXT MEDIA VENTURES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Next Media Ventures reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Next Media Ventures be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Next Media Ventures has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Next Media Ventures is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Next Media Ventures’ liability shall in no event exceed US$1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Next Media Ventures, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, owners, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Next Media Ventures by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Next Media Ventures may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Next Media Ventures’ rights or property, or the rights or property of visitors to or users of the Site, including Next Media Ventures’ customers. Next Media Ventures reserves the right at all times to disclose any information that Next Media Ventures deems necessary to comply with any applicable law, regulation, legal process or governmental request. Next Media Ventures also may disclose your information when Next Media Ventures determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Next Media Ventures may preserve any transmittal or communication by you with Next Media Ventures through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Next Media Ventures determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Next Media Ventures, its employees, users of or visitors to the Site, and the public.

You agree that Next Media Ventures may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Next Media Ventures, for which monetary damages would be inadequate, and you consent to Next Media Ventures obtaining any injunctive or equitable relief that Next Media Ventures deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Next Media Ventures may have at law or in equity.

You agree that Next Media Ventures may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Next Media Ventures does take any legal action against you as a result of your violation of these Terms of Use, Next Media Ventures will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Next Media Ventures. You agree that Next Media Ventures will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the Province of British Columbia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Vancouver, British Columbia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Next Media Ventures and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Next Media Ventures administers and operates the www.nextmediaventures.com Site from its location in Vancouver, British Columbia, Canada; other Next Media Ventures related sites may be administered and operated from various locations outside the Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada and the United States. Next Media Ventures reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada or the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Next Media Ventures with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Next Media Ventures with respect to such use are hereby superseded and canceled. Next Media Ventures will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Next Media Ventures’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Next Media Ventures of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Next Media Ventures and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Next Media Ventures provides access to Next Media Ventures international data and, therefore, may contain references or cross references to Next Media Ventures products, programs and services that are not announced in your country. Such reference does not imply that Next Media Ventures in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Next Media Ventures shall be free to use such information on an unrestricted basis.

Next Media Ventures Customer Privacy Policy

Next Media Ventures’ Customer Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by Next Media Ventures anytime you interact with Next Media Ventures, such as when you visit our website, when you purchase Next Media Ventures products and services, or affiliated products. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at Next Media Ventures, and we go to great lengths to protect it.

Why We Collect Personal Information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about.

What Information We Collect and How We May Use It

There are a number of situations in which your personal information may help us give you better products. For example:

  • When you interact with Next Media Ventures, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences.
  • We also collect information for market research purposes – such as your occupation and where you use your computer – to gain a better understanding of our customers and thus provide more valuable service.
  • We collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.

Publicly Displayed Information is Public

If you comment on Next Media Ventures you should be aware that any information you share is visible to other users. Personally identifiable information you submit can be read, collected, or used by other individuals to send you unsolicited messages. Next Media Ventures is not responsible for the personally identifiable information you choose to submit. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, Next Media Ventures will collect that information from your interaction and the information will become publicly available.

When We Disclose Your Information

Next Media Ventures takes your privacy very seriously. Next Media Ventures does not sell or rent your contact information to other marketers.

Within the Next Media Ventures Group

To help us provide superior service, your personal information may be shared with legal entities within the Next Media Ventures group globally who will take steps to safeguard it in accordance with Next Media Ventures’ privacy policy.

With Our Service Providers, Vendors, and Strategic Partners

There are also times when it may be advantageous for Next Media Ventures to make certain personal information about you available to companies that Next Media Ventures has a strategic relationship with or that perform work for Next Media Ventures to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Next Media Ventures’ policies, except if we inform you otherwise at the time of collection.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

How We Protect Your Personal Information

Next Media Ventures takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser like Firefox or Safari.

Integrity of Your Personal Information

Next Media Ventures has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided.

Kids

Next Media Ventures recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Next Media Ventures purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to Next Media Ventures and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible.

Cookies and Other Technologies

As is standard practice on many corporate websites, Next Media Ventures’ website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.

Information such as your country and language helps us provide a more useful online shopping experience. If, however, you prefer not to enable cookies, you can disable cookies in your browser. Please note that certain features of the Next Media Ventures website will not be available once cookies are disabled.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Next Media Ventures will not use the information collected to market directly to that person.

In some of our email messages we use a “click-through URL” linked to content on the Next Media Ventures website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition we use pixel tags – tiny graphic images – to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site.

Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database.

Our Company Wide Commitment to Your Privacy

As we said, Next Media Ventures takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to Next Media Ventures employees and strictly enforce privacy safeguards within the company. In addition, Next Media Ventures supports industry initiatives to preserve privacy rights on the Internet and in all aspects of electronic commerce.

Third Party Websites

Next Media Ventures’ website has links to the sites of other companies. Next Media Ventures is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Next Media Ventures may update its terms of use or privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy.

Copyright © 2009 Next Media Ventures. All rights reserved. Last Updated September 10, 2009