Terms of Use

1. Acceptance. Welcome to TheLoop (“TheLoop”) operated by Bell Media Inc. (“Bell Media”). TheLoop provides access to information, communication services, videos, forums, personalized content, multimedia content, third-party content and user-generated content (“User Content”), which User Content includes posts, stories, blogs, comments, photos or videos, (collectively, the “Content”). The Loop.ca Network, which includes the Content, search services, and other products and services (collectively, the “Services”) is offered by Bell Media through various mediums and web pages at a number of different web addresses, including www.TheLoop.ca, and pages linked to those pages.

By accessing or using TheLoop or any of the Services, you agree to be bound by these terms of use and such other additional or alternative terms, conditions, rules or policies that may be displayed or to which you may be directed in connection with any particular Services or any TheLoop web page, as may be modified by Bell Media from time to time (collectively the “Terms of Use”). Any new features that enhance or modify the current Services are also subject to the Terms of Use.

If you do not accept these Terms of Use in their entirety, you may not access or use TheLoop or the Services. In consideration of your use of TheLoop or the Services, you confirm that you are of legal age to form a binding contract. Please note that the Terms of Use may be updated from time to time without notice to you, so please check back periodically.

1. Privacy and Personal Information. For information on how Bell Media treats your personal information and protects your privacy when you register for or use the Services, please read Bell Media’s privacy policy at info.theloop.ca/privacy_policy (the “Privacy Policy”). You understand and agree that when you register for or use the Services, you consent to the collection, use and disclosure of your personal information as permitted by the Privacy Policy.

2. Registration, Accounts and Passwords. Certain Services and related features, such as personalization, social media, webmail, and instant messaging, made available over or accessible through TheLoop may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers that you choose or are assigned as a result of any registration via TheLoop; (b) all activities that occur under your password or account; and (c) exiting your account at the end of each session. You agree that your account is non-transferable. Further, you agree to notify Bell Media or the applicable third party of any unauthorized use of your password or account. Bell Media shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or anyone else as a result of, or in connection with, your failure to comply with this Section 3.

3. Rules and Conduct. In consideration of the availability and your use of TheLoop or the Services, you agree, while visiting TheLoop, not to:

(a) post, transmit, link to, or otherwise distribute any information constituting, encouraging or instructing conduct that would constitute a criminal offense or give rise to civil liability, including collecting or providing funds in order to carry out criminal activities, or otherwise use TheLoop or any of the Services in a manner that would give rise to civil liability or violate, intentionally or unintentionally, any applicable law, including securities law;

(b) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would interfere with the operation of TheLoop or the Services or servers or networks connected to the Services, or contravene any requirements, procedures, policies or regulations of servers or networks connected to the Services;

(c) restrict or inhibit any other user from using or enjoying TheLoop, the Services or the Internet, or disrupt the normal flow of dialogue or other usage;

(d) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;

(e) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

(f) use TheLoop or the Services to harm minors in any way;

(g) upload, post, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material, whether or not obtained through TheLoop or the Services, or any derivative work thereof, that is protected by copyright or any other intellectual property rights, such as patent, trade-mark, trade secret or other proprietary rights, without obtaining permission of the copyright owner or rightholder;

(i) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material that you do not have a right to make available under any law or under contractual, fiduciary or employment relationships, including insider information, proprietary or confidential information;

(j) upload, post, email, publish, transmit or otherwise engage in or make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, schemes, or any other form of illegal solicitation;

(k) impersonate any person or entity, including, but not limited to, a Bell Media representative or forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(l) use, reproduce, sell, resell or otherwise exploit TheLoop or any of the Services for any commercial purposes; or

(m) collect or store personal data about other users without their express written consent.

1. Responsibility for Minors. In cases where you have authorized a minor to use TheLoop and/or any of the associated Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling and supervising the minor’s access to and use of TheLoop and/or any such Services; and (c) the consequences of any misuse or breach of these Terms of Use by the minor. You acknowledge that some of the areas of TheLoop may contain material that is inappropriate for minors and that it is your responsibility, as parent or legal guardian, to determine whether any of the Services is appropriate for the minor. If you are a minor, you must obtain your parent or legal guardian’s permission to use the TheLoop and the Services and ensure that your parent or legal guardian reviews these Terms of Use.

2. Monitoring. You acknowledge that Bell Media has no obligation to monitor TheLoop or any of the Services. However, you agree that Bell Media has the right to monitor TheLoop or the Services electronically from time to time, and to disclose any information as necessary to: (a) satisfy any law, regulation or other governmental or law enforcement request; (b) operate TheLoop or any of the Services properly; or (c) protect itself or its users in accordance with the Privacy Policy. Bell Media reserves the right to refuse to post, or to remove, any information or materials, in whole or in part, that Bell Media determines, in its sole discretion, are unacceptable, undesirable or in violation of the Terms of Use. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall Bell Media be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind to you or anyone else incurred as a result of, or in connection with, any use of, or access to, any Content.

3. Disclaimer Regarding Third Party Content and Third Party Dealings. TheLoop offers user access to third party Content, third party web pages, and search results (the “Third Party Materials”). Bell Media exercises no control over Third Party Materials and does not guarantee the accuracy, completeness, integrity or quality of any Third Party Materials. You agree that Bell Media does not endorse and is not responsible or liable, directly or indirectly, for any Third Party Materials, including availability of same, or any charge, loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Third Party Materials, or related dealings or transactions (“Third Party Dealings”). You agree that all Third Party Dealings, including payment and delivery of Third Party Materials, goods and/or services, and all other terms, conditions, representations and warranties related to Third Party Materials and/or Third Party Dealings, are solely as between you and such third parties, and that any and all risk associated with Third Party Materials or Third Party Dealings rests with you.

4. User Content. In respect of any and all User Content you submit to or otherwise make accessible through TheLoop, you automatically grant Bell Media a world-wide, perpetual, royalty-free, irrevocable and non-exclusive license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such User Content, in any form, media, or technology whatsoever. You irrevocably waive any moral rights arising under copyright laws, or other rights with respect to attribution of authorship or integrity in your User Content. You agree that Bell Media may preserve and disclose your User Content or other content associated with your account where required to do so as necessary to satisfy any law, regulation or other governmental or law enforcement request; or where such preservation or disclosure is reasonably believed by Bell Media to be necessary to ensure compliance with any law, regulation or other governmental or law enforcement request, to enforce these Terms of Use, or protect the rights and interests of Bell Media or any other person. You further acknowledge and agree that you, and not Bell Media, are entirely responsible for your User Content.

5. Web Hosting. Web page hosting services may be made available over TheLoop by Internet Names for Business Inc. at webcentre.ca (the “webCentre.ca Service”). By registering for, or using the webCentre.ca Service, you are creating a separate contractual relationship between you and Internet Names for Business Inc., the terms of which are set out in the Internet Names for Business User Terms of Service made available to you during the registration process and on the webCentre.ca site (“webCentre.ca Terms of Service”). You agree that you, and not Bell Media, are responsible for all fees, liabilities, and obligations in connection with such relationship and the webCenter.ca Service you register for and/or use. Notwithstanding the foregoing, for the purposes of your use of the webCentre.ca Service, you agree that your use of the webCentre.ca Service is subject to these Terms of Use, in addition to the webCentre.ca Terms of Service, including for certainty the terms and conditions regarding disclaimer of warranties, limitation of liability and indemnity.

6. Professional Information Disclaimer. DO NOT RELY ON THELOOP, THE SERVICES OR ANY CONTENT ASSESSED ON OR THROUGH THELOOP OR THE SERVICES FOR ANY ADVICE, INCLUDING MEDICAL, LEGAL, FINANCIAL OR OTHER ADVICE – CONSULT A MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL SHOULD YOU REQUIRE SUCH ADVICE. From time to time, TheLoop may make available certain information provided by third parties related to various professional fields, including medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for general educational and entertainment purposes only, and should not be interpreted as advice or a recommendation for a specific treatment plan, product, service, or course of action. Use of TheLoop does not replace consultations with a qualified medical, legal, financial or other relevant professional, and the Professional Information is not intended to be, or serve as a substitute for, professional medical, legal, financial or other advice. Always seek the advice of a medical, legal, financial or other appropriate professional with any questions you may have regarding a medical condition or legal, financial or other issue. In addition, while the Professional Information is frequently updated, this information changes rapidly, and therefore some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Bell Media, including its suppliers and third party Content providers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or anyone else as a result of, or in connection with your use of, or reliance on, any such Professional Information.

7. Service Modifications. You acknowledge and agree that Bell Media reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Bell Media will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

8. Termination. You acknowledge and agree that Bell Media, in its sole and absolute discretion, may, without notice to you, suspend, terminate, deactivate or delete your account or your use of, or access to, any of the Services and remove and discard any information or content related to such Services and/or your account (and your use thereof), for any reason, including: (a) for lack of use; (b) if Bell Media believes that you have violated any of the Terms of Use; (c) if requested by law enforcement or other agencies; (d) if Bell Media discontinues or materially modifies all or any part of TheLoop or the Services; or (e) in the event of technical or security issues or problems. You further agree that Bell Media shall not be liable to you or to any other person as a result of any such suspension, termination, deactivation or deletion, or the removal or discarding of information or content described above. If you are dissatisfied with TheLoop, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Bell Media in operating TheLoop and the Services, your sole and exclusive remedy is to discontinue using TheLoop and the Services.

9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THELOOP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BELL MEDIA 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; (b) BELL MEDIA SPECIFICALLY MAKES NO WARRANTIES THAT: (i) THELOOP OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THELOOP, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM ARE RELIABLE OR ACCURATE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE THELOOP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THELOOP OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BELL MEDIA, INCLUDING ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BELL MEDIA HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (a) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THELOOP; (b) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO YOUR ACCOUNT, ANY OF YOUR CONTENT OR TRANSMISSIONS; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THELOOP OR THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THELOOP OR ANY OF THE SERVICES, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

11. Indemnity. You agree to defend, indemnify and hold harmless Bell Media, its affiliates, suppliers, Content providers and other partners, directors, officers, employees and agents from any and all liabilities, damages, claims, costs and expenses, including reasonable legal fees, related to or in connection with: (a) any violation of the Terms of Use; (b) use of TheLoop or any of the Services; (c) placement, posting or transmission of any message, information, software, Content or User Content on TheLoop or through any of the Services; or (d) violation of any rights of another person or entity, by you or by any user of your accounts.

12. No License; Intellectual Property of Bell Media and Others. Except as expressly provided, nothing in these Terms of Use or within any of the Services, including any Content located through any search results, shall be construed as conferring any license under any of Bell Media’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that certain Content available through and used to operate TheLoop and Services is protected by copyright, trade-mark, patent, or other proprietary rights of Bell Media, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or TheLoop. Further, you agree not to copy, modify, alter, remove, or deface any of the trade-marks, service marks, or other intellectual property displayed or otherwise made available through TheLoop, nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users through TheLoop.

13. Trade-marks. TheLoop is a registered trade-mark of Bell Media and all other trade-marks, designs and logos appearing on or through TheLoop are trade-marks of Bell Media, Bell Canada, or their respective affiliates, licensors, and providers. Any use of any of the trade-marks appearing on or through TheLoop without the express written consent of Bell Media or the owner of the trade-mark, as appropriate, is strictly prohibited.

14. Copyright. All Content published on or otherwise accessible through TheLoop, including any Content located through search results but excluding certain User Content as applicable, is protected by copyright. Such Content, and the copyright in such Content, are owned or controlled by Bell Media, its Content suppliers or other third parties. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. You shall not use, reproduce, distribute, publically perform or display, communicate, broadcast, or publish any Content or create derivative works from such Content without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through TheLoop, and maintain such notices in the Content.

15. Territory. The Services are only intended for use by users within Canada.

16. Submission of Ideas and/or Suggestions. Bell Media is always improving its web pages and 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 BELL MEDIA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO BELL MEDIA, 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 BELL MEDIA THAT: (a) THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL TO YOU; (b) NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL; (c) THE IDEA AND/OR SUGGESTION DOES NOT CONTAIN CONFIDENTIAL OR PROPRIETARY INFORMATION; AND (d) BELL MEDIA 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 BELL MEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.

17. Miscellaneous. These Terms of Use and any associated terms or conditions referenced herein (including the Privacy Policy and Service-specific terms) constitute the entire agreement between Bell Media and you pertaining to your use of TheLoop or any of the Services and supersede any prior agreements between you and Bell Media (or any of its affiliates). The failure of Bell Media to insist upon or enforce strict performance of any right or provision of the 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 the 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. The word “including” used in these Terms of Use means including without limitation. The Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. You and Bell Media agree to submit to the exclusive jurisdiction of the courts located in the province of Ontario, Canada. The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.