Wednesday, September 23rd, 2009

EveryJoe is a property owned and operated by b5media inc.

Welcome to The b5media Network (the “Websites”) owned and operated by b5media Inc. (”b5″). Please read these Terms of Use and the accompanying Privacy Policy carefully before using the Websites and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address).

By using the Websites, you signify your agreement to these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and/or the Privacy Policy, do not use the Websites.

Copyright and Trademarks: The names and marks “b5media”, and all Websites within the b5media Network, are the trademarks of b5 and are owned, controlled by or licensed to b5. All materials, including but not limited to images, audio and video clips, animation, diagrams, photographs and any and all information of any kind in any form (the “Materials”), incorporated into, published or otherwise exhibited on the Websites are protected by copyright or other intellectual property rights and are owned exclusively (subject to licenses) by b5. You acknowledge that nothing contained on or in the Websites shall act as an estoppels regarding any such license or right. Any copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution of any Materials, in whole or in part, is strictly prohibited and will be considered a violation of b5’s intellectual property rights and could result in legal liability and/or criminal sanction.

Disclaimer: The Material provided on this Website are for informational, educational and/or entertainment purposes only. b5 makes no warranties regarding the quality, reliability, truthfulness, accuracy, completeness or non-infringement of any Materials. Unless otherwise stated expressly, any opinion, view or idea expressed (or implied) in any article, review or story, or any content contributed or published by visitors on or in any of the Websites or otherwise disseminated or sent to b5 or others on or via the Websites (”Visitor Content”) is the author’s own and does not necessarily reflect the views of b5 or its employees, officers, directors, professional advisors, affiliated and related entities, its partners, sponsors, advertisers or content providers (together the “b5 Parties”). You acknowledge and agree that the bloggers and other contributors that b5 permits to post content to the Websites are not agents of b5 and that b5 does not sufficiently edit or control statements that they make. Therefore, no b5 Parties shall be liable to any person or entity whatsoever for any loss, damage, injury, liability, claim or any other cause of action of any kind arising from the use, dissemination of or reliance on any Materials, Visitor Content or other content provided on the Websites. You agree to use the Websites entirely at your own risk. b5 Parties disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose or use, or that the Websites will function error free or uninterrupted or that the Websites or the servers that make the Websites available for use are free of viruses, spyware, malware or other technical defects. b5 Parties shall not be held liable for any information, services or products that are provided or offered by websites that are linked to the Websites. The links to other websites are provided only as a convenience and, unless expressly stated, do not constitute any endorsement or affiliation of the linked websites or any information, services or products that are provided or offered by the linked websites. You agree that you use any linked websites entirely at your own risk.

Websites may be updated or altered at any time without notice.

Use of Websites by Children: If you are under 13 years of age, you should not use the Websites or give any personally identifiable information on the Websites without the knowledge and permission of your parent or guardian. Certain (parts of) Websites have content and themes that are meant for mature audiences. Some (parts of) Websites might require Visitors to be at least 13 years of age, and some areas require Visitors to be age of majority to participate (contests, for example). This may mean that you will be unable to participate in some activities on Websites.

YOU ACKNOWLEDGE THAT THE MATERIALS POSTED ON THE WEBSITES BY USERS OR BLOGGERS DO NOT CONSTITUTE THE OPINION (EXPRESSED OR IMPLIED) OR ARE ATTRIBUTALE TO B5 PARTIES IN ANY WAY. B5 DISCLAIMS ANY WARRANTY AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT OF ANY INFORMATION PRESENTED ON THE WEBSITES. ANY USE OF ANY INFORMATION PRESENTED ON THE WEBSITES IS AT YOUR SOLE AND ABSOLUTE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL B5 OR ANY B5 PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF TH EUSE OF, INABILITY TO USE, OR RELIANCE ON, THE WEBSITES, THE INFORMATION AVAILABLE ON THE WEBSITES OR ANY LINKED SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA ON YOUR COMPUTER SYSTEM, COSTS OF REPLACEMENT GOODS OR SERVICES, THIRD PARTY CLAIMS, PERSONAL INJURY, PROPERTY DAMAGE OR OTHER PECUNIARY LOSS, EVEN IF B5 (OR B5 PARTIES) IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Visitor Content and Indemnification: Any right, title and interest in and to Visitor Content provided by you to b5 on its Websites (including, but not limited to, comments, billboards, chat rooms or other means) shall (to the fullest extent permissible) become the exclusive property of b5 throughout the universe, in perpetuity and b5 shall have the right to alter, re-purpose, destroy, publish, reproduce, disseminate, exhibit or otherwise distribute and use the Visitor Content in all media now known or hereafter devised. You hereby waive any and all moral rights related to Visitor Content. By submitting Visitor Content to the Websites, you agree and represent and warrant that such Visitor Content does not contain any libelous, defamatory, obscene, illegal, threatening or abusive materials and shall not infringe any intellectual property right or any other right of any person or entity and shall not breach any law, and that prior to submission to the Websites that Visitor Content is original and wholly and exclusively owned by you and that any and, if applicable, all licenses necessary for its lawful creation and distribution have been duly and lawfully acquired. By visiting and using the Websites, you signify your agreement to indemnify, defend and save b5 Parties from any and all damages, loss, expense, legal actions or causes of action that may now or hereinafter arise as a result of your use of the Websites and your breach of these Terms of Use and/or any representations and warranties related to the Visitor Content. Notwithstanding the foregoing, b5 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate with b5 in asserting any available defenses.

b5 reserves the right to remove any Visitor Content and block access to any visitor for any reason in its sole discretion.

Waiver of Claim: You acknowledge and understand that your participation in any chat-room, blog site or other venue on the Websites might subject you or parties affiliated with you to verbal or written statements that might be libelous, slanderous or otherwise injurious, and that your participation is a knowing and willful participation despite the risk of such injury. You hereby irrevocably and forever waive any and all claims that you may have against b5 and b5 Parties and hereby fully release b5 and b5 Parties from any claim that you have, had or may have against b5 or b5 Parties alleging that any statement made or posted to or otherwise transmitted from any of the Websites has caused injury or damage to you or any entity affiliated with you.
BLOG POSTING

a. You agree and acknowledge that b5media shall own, and hereby irrevocably assign to b5media all right, title and interest, under copyright or otherwise in and to the literary, audio or video works authored or created by you in connection with the provision of any blog postings, and each element and part of any of the foregoing, whether or not authored solely by you, free and clear of all liens or encumbrances, in all jurisdictions throughout the world (the “Works”). b5media shall have the irrevocable, perpetual, worldwide, sole and exclusive rights throughout the world, in all languages and in perpetuity to utilize and exploit the Works by any means and in any medium, whether now known or hereafter developed without further payment or other obligation. b5media shall have the sole right to register the copyrights or trademarks in the Works in its name or the name of its designee.

b. You hereby waive any and all claims that you may now or hereafter have in any jurisdiction to so called “moral rights” (droit moral) with respect to the Works. Without limiting the foregoing, you agree not to institute, support, maintain, or authorize any action or lawsuit based, in whole or in part, on any purported violation of any such law, including without limitation any action or lawsuit brought on the ground that any work produced hereunder in any way constitutes a violation of your moral rights or constitutes a defamation or mutilation of the Works or any part thereof, or contains any unauthorized variation, alteration, modification, change, or translation of the Works.

c. Without limiting the foregoing, b5media’s sole and exclusive rights throughout the world in all languages and in perpetuity shall include:

(i) the right to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform and use the Works and all or any part of the blog posting and all the results and proceeds thereof for any purpose, in any manner, whether audio and/or visual, and by all means, whether now known or hereafter developed;

(ii) the right to edit, add to and/or modify any or all of the Work in such manner as b5media and/or any distributor or exhibitor, or potential distributor or exhibitor, of the Works may require;

(iii) the right to publicize, advertise, promote and exploit the Works in all media;

(iv) the right to translate any or all of the Works in any foreign languages; and

(v) the right to assign and/or delegate and/or license and/or sublicense to others any or all of b5media’s rights.

d. You represent, warrant, covenant and agree to and with b5media that your blog entries, articles and other work product will not be obscene, libelous, violate or infringe the intellectual property rights or the right of privacy or publicity of any third party, or otherwise give rise to any action against you or b5media by any person or governmental entity; and

e. You agree to defend, indemnify and save b5media harmless from and against any and all claims, actions, suits, demands, costs, losses and liabilities (including all reasonable legal fees and expenses), arising directly or indirectly out of (i) any breach by you of your representations, warranties, covenants or agreements hereunder; (ii) any negligent act or omission or willful misconduct on your behalf; or (iii) the incorporation into your Work of any material not originally authored and/or created by you.

Notice and Take-Down: b5 takes the intellectual property laws seriously. If you believe that your copyrighted works are presented on any of the Websites without authorization, please email b5 a notice document at the following email address: noticeandtakedown@b5media.com, and please include the following detail: (i) your contact information, (ii) a description of the copyrighted material, (iii) the precise URL for the Website where it was found and (iv) a statement describing how you own or control the copyright in such material. Any submission must be executed and include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Severability: The invalidity or unenforceability of any provision of the Terms of Use or Privacy Policy shall not affect the validity or enforceability of any other provision and any such invalid provision shall be deemed to be severable and the remainder will be construed as if such invalid or unenforceable provision or part thereof had not existed.

Jurisdiction: The Websites are owned and controlled by b5, a company incorporated under the laws of the province of Ontario and whose head office is located in the city of Toronto. The Websites are presented solely for informational, educational and entertainment purposes. Neither b5 nor its affiliated or related entities make any representation, express or implied, that the Websites will be available for use in or comply with the law of any country other than Canada. By using this Website, you agree that these Website Terms of Use and Privacy Policy shall be governed, construed and enforced in accordance with the laws of the province of Ontario as it is applied to contracts entered into and performed entirely within such province and you irrevocably submit to the jurisdiction of the courts of Ontario, without regard to any conflict of laws or provisions.

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