These terms and conditions govern your use of Whistler Daily Post. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
CREDIT
These terms and conditions of use have been created by using a template from Docular.
COPYRIGHT NOTICE
Subject to the express provisions of these terms and conditions, we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website. All the copyright and other intellectual property rights on our website and the material on our website are reserved.
LICENCE TO USE WEBSITE
You may view pages from our website in a web browser; download pages from our website for caching in a web browser; print pages from our website; stream audio and video files from our website; and use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted in the above paragraph or other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal purposes, and you must not use our website for any other purpose. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website, except fair sharing of the material on social media websites.
You agree that while accessing our website you are responsible for the protection and safety of the data and software on your computer or any other device that you use to access our website. You are responsible to protect your data, software and devices from viruses and other such risks by using effective protective measures.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
ACCEPTABLE USE
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website;
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(i) use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
REGISTRATION AND ACCOUNTS
You may register on our website to get newsletters, news alerts and other news-related communication and to post comments. You must not allow any other person to use your credentials. You must notify us in writing immediately if you become aware of any unauthorised use of your credentials on our website. You must not use any other person’s account to access the website.
USER LOGIN DETAILS
If you register for posting comments, you will be asked to choose a user ID and password. Your user ID must not be liable to mislead and must comply with the content rules of these terms and conditions of use. You must not use your account or user ID for or in connection with the impersonation of any person. You are responsible for all activities that occur through your account. You will provide accurate and current personal information while registering on our website.
You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
We may suspend your account, cancel your account; and/or edit your account details at any time in our sole discretion without notice or explanation.
You may choose to not receive any communication from us by unsubscribing to our communications by clicking a link provided at the bottom of the communication email sent to you.
YOUR CONTENT: LICENCE
In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. You warrant that you are the copyright owner of your content, and that you are free to transfer such rights to Whistler Daily Post.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
You grant to us the right to sub-license the rights licensed in the above paragraph. You grant to us the right to bring an action for infringement of these rights.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law. You warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You grant to Whistler Daily Post the perpetual and irrevocable right to use your user details, and content without any obligation or remuneration to you.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
YOUR CONTENT: RULES
You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
LIMITED WARRANTIES
Despite our sincere efforts, we do not warrant or represent the completeness or accuracy of the information published on our website; that the material on the website is up to date; or that the website or any service on the website will remain available. We make no warranty that the services and content will be uninterrupted, available, timely, error-free, accurate, reliable, complete, free from infection or viruses or destructive code and free from omissions and delays.
You agree that we have the right, but are under no obligation, to monitor all the comments or other content supplied by the user to our website or the use of that content elsewhere.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
LIMITATIONS AND EXLUSIONS OF LIABILITY
Nothing in these terms and conditions will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit our or your liabilities in any way that is not permitted under applicable law; or exclude our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in the preceding paragraph and elsewhere in these terms and conditions are subject to terms in the first paragraph of this section; and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you or anyone else in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill arising from, or in any way connected with the services or content, including the performance, use of, access to, or the inability to use and access the same, regardless of whether Whistler Daily Post had been advised of or could have foreseen the possibility of such claim, loss or damage.
We will under no circumstances be held liable or responsible for any delay or failure in the performance of the services and content resulting directly or indirectly from acts of nature, or causes beyond our reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, riots, civil disturbances, shortages of labour or materials, fires, war, governmental actions and orders of domestic or foreign courts or tribunals.
The services and content may at any time be temporarily unavailable, inaccessible or inoperable for any reason, including periodic maintenance, repairs and disruptions. We cannot guarantee availability of all the services and content at all time.
We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers, employees and vendors, and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees or vendors in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.
INDEMNITY
You agree to indemnify, defend and hold harmless Whistler Daily Post and each of its owners, staff, agents, licensors, affiliates, business partners, employees and related third parties from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to your breach of these terms and conditions; your access and use of or reliance on the services and content; your publication, communication, distribution or transmission otherwise of the services or content; and your violation of any law or regulation.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all of your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
VARIATION
We may revise these terms and conditions from time to time. Please keep checking this page for any such revisions. The revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
ASSIGNMENT
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
THIRD-PARTY RIGHTS
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
ENTIRE AGREEMENT
These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. If you are accessing services and content on Whistler Daily Post from outside Canada, you are responsible for using them in accordance with the laws of your jurisdiction. Any cause of action must be commenced within 12 months after the claim or cause of action arises, except where prohibited by applicable law.
DISCLAIMERS
The content available on Whistler Daily Post is not necessarily reflective of the views or policies of Whistler Daily Post, its publisher, contributors, staff and advertisers.
Some third-party links on Whistler Daily Post will take you to other websites. We do not control those websites nor do we endorse their claims and representations or products and services they may offer. We are not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website linked from Whistler Daily Post. We are not responsible for claims and representations made by our advertisers. We are not liable for any damage arising from the linked websites such as due to a computer virus. You should take required protective measures before visiting the linked websites. You agree that Whistler Daily Post will not be responsible or liable in any way for the accuracy, relevance, copyright compliance, legality or decency of material contained in any site linked from Whistler Daily Post website.
You acknowledge and agree that any dealings you may have with a third-party found by you on Whistler Daily Post are solely between you and the third party. Whistler Daily Post assumes no liability or responsibility whatsoever for anything related to the relationship between you and the third-party, including but not limited to transactions, correspondences, charges, representations, prices, or agreements. You should direct any concerns you have regarding third-party content to the third party.
No information provided on our website can be interpreted or relied on as professional advice for medical, health, relationship, travel, taxation, financial, architectural, governmental or legal matters. It is your responsibility to verify such information and claims. For making any decisions, you should seek advice from qualified professional advisors. We do not recommend or guarantee the suitability, profitability or potential value of any particular investment, security, information source, treatment plan, diagnosis, purchase, sale, product or course of action. You should use your own judgment in making use of any content on our website and are responsible for your own research and decisions. You agree that all risk associated with your use of or reliance on the content available on Whistler Daily Post is with you.
You download at your own risk any material available to be downloaded from Whistler Daily Post such as videos, images, data, files, software applications and codes. Whistler Daily Post and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will 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 the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications. You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.
CONTACT US
You can contact us at editor@whistlerdailypost.com. You can also call the editor, Gagandeep Ghuman, at 604-849-0728.
You can also send a mail to us at:
2008 Spruce Dr,
Squamish, BC
V8B 0A7