Terms of Use

These Terms of Use govern your access and use of the Services provided by KnifeNews. Please read these Terms carefully.

EACH TIME YOU ACCESS AND USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES. These Terms have the same force and effect as an agreement in writing.

PRIVACY

For information on how user information is collected, used and disclosed by KnifeNews in connection with your use of KnifeNews and any of the Services, please consult our Privacy Policy.

RESPONSIBILITY FOR MINORS

You recognize that you are fully responsible for: (a) controlling a minor’s access to and use of KnifeNews or any of the Services; and (b) the consequences of any misuse by the minor. You acknowledge that some of the areas of KnifeNews may contain material that is inappropriate for minors.

RESTRICTIONS THAT APPLY TO RESIDENTS OF CANADA
AND THOSE WHO MAY ACCESS EMAIL FROM CANADA

If you are a resident of Canada or may access email from Canada, you are not permitted to use the portion of KnifeNews and any of the Services that require you to provide KnifeNews with an email address. This includes (but is not limited to) email alerts, email content, email subscriptions, subscriptions, email notifications, surveys, offers, contests, or promotions. By providing KnifeNews with an email address, you affirm that you are not a resident of Canada and will not access email from Canada. If in the future you take up residency in Canada or determine that you may be accessing email from Canada, you are fully responsible for notifying KnifeNews of these developments. This must be done by emailing info@knifenews.com so that KnifeNews would have reasonable and sufficient time to remove your email address from KnifeNews’ email databases prior to your entry into Canada.

RESTRICTIONS ON USE OF MATERIALS

All material, information and content available on KnifeNews (collectively, “Content”), including the manner in which such Content is presented, and the Services are: Copyright © KnifeNews, its affiliates and/or licensors. All rights reserved. Such Content is protected by worldwide copyright laws and treaty provisions. KnifeNews grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, sell, publish, or broadcast any of the Content obtained through KnifeNews or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) KNIFENEWS AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT KNIFENEWS 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) KNIFENEWS SPECIFICALLY MAKES NO WARRANTIES THAT KNIFENEWS OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF KNIFENEWS OR ANY OF 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.

DISCLAIMER REGARDING 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 KnifeNews are protected by copyright and/or other intellectual property laws. KnifeNews 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 KnifeNews, all of the Multimedia Content contained on such sites is owned and served by entities other than KnifeNews. KnifeNews 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 KnifeNews for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

COPYRIGHT INFRINGEMENT AND TRADEMARK RIGHTS

We respect the intellectual property rights of others. Accordingly, we have a policy of removing content that violate copyright law. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed upon, please provide notice in writing to info@knifenews.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (telephone and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at info@knifenews.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

APPLICATIONS

We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation.

MONITORING

You acknowledge that KnifeNews has no obligation to monitor any of the Services or any content accessible through KnifeNews or any of the Services. However, you agree that KnifeNews has the right to monitor any of the services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate KnifeNews or any of the Services properly, or to protect itself or its users in accordance with the Terms of Use or the Privacy Policy.

MODIFICATIONS

KnifeNews reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on KnifeNews. Please check these Terms of Use regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of KnifeNews and any of the Services immediately. Your continued use of KnifeNews or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, KnifeNews reserves the right to change, modify, suspend or discontinue any aspect of KnifeNews, Services or Content from time to time without notice or liability and for any reason whatsoever.

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, KnifeNews 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. KnifeNews 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 your’s alone. You agree that KnifeNews shall not be responsible or liable 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.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless KnifeNews and its affiliates, licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, “KnifeNews”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of:

  1. your breach of any provision of these Terms or any applicable Subscription Terms or our Acceptable Use Policy;
  2. your use or misuse of a KnifeNews or the Content and the placement or transmission of your Contributions on a KnifeNews made by you or others using your account;
  3. your use of or inability to use any Software; or
  4. any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. KnifeNews may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification shall survive any termination of your right to use KnifeNews and the Services.

GOVERNING LAW

Regardless of where you accessed KnifeNews or where KnifeNews conducted its operations, each party hereby agrees that these Terms of Use shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

TERMINATION

You acknowledge and agree that KnifeNews, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, KnifeNews or any of the Services, and remove and discard any information or content related to KnifeNews or any of the Services (and your use thereof), for any reason, including where KnifeNews believes that you have violated any of these Terms of Use. You further agree that KnifeNews shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with KnifeNews or any of the Services or with any terms, restrictions, rules, policies, guidelines, or practices of KnifeNews or any of the Services, your sole and exclusive remedy is to discontinue using KnifeNews or any of the Services.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

KnifeNews is always improving its Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO KNIFENEWS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO KNIFENEWS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO KNIFENEWS THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT KNIFENEWS IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY KNIFENEWS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

GENERAL PROVISIONS

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms of Use constitute the entire agreement between KnifeNews and you pertaining to your use of KnifeNews, Services and Content and supercede any prior agreements between you and KnifeNews with respect to the subject matter hereof. KnifeNews’ failure to insist upon or enforce strict performance of any right or provision of these Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms of Use shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms of Use and all documents relating thereto be drawn up in English.

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