Membership Agreement

Last modified - Jan. 1, 2010


Definition: A Membership is provided to any member of the public who requests such a Membership and who provides their legal name and contact information, including telephone number and email address.

This Membership Agreement governs your Membership in Lakesimcoeliving.com website, allowing you full access to the Membership portions of the website located at www.lakesimcoeliving.com (the "Site"). This Membership Agreement is in addition to the Terms of Use applicable to the Site. The Site is owned and operated by CATSPAW MEDIA INC.

There is no charge to become a Member of Lakesimcoeliving.com.

A Member can also be any representative of a community group or organization that joins the Site as a Community Partner, as well as any representative of a company or business that joins the Site as an Advertising Partner. The Membership Agreement applies whether the Member chooses a General Membership, Community Partner Membership or Advertising Partner Membership.

Only one Membership per person is allowed.

Access and use of the Membership portions of the Site are provided by CATSPAW MEDIA INC. to you on condition that you provide your legal name and complete contact information, and on condition that you accept the terms and conditions of this Membership Agreement and the Terms of Use. By accessing or using the Membership portions of the Site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use, you should not access or use the Membership portions of the Site. In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall govern.


CATSPAW MEDIA INC. reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by CATSPAW MEDIA INC. as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the Membership portions of the Site.



MEMBERSHIP SUBMISSIONS:

NEWS ARTICLES, COMMENT, PHOTOGRAPHS and VIDEOS



Rules for submitting NEWS ARTICLES, COMMENT, PHOTOGRAPHS and VIDEOS

Members may submit NEWS ARTICLES, COMMENT, PHOTOGRAPHS and VIDEOS for public viewing on lakesimcoeliving.com. The content must be original and must be created by the Member.

The Member must have the permission of any person quoted in any NEWS ARTICLE, COMMENT or other text to publish that person's name. The Member must have the permission of any person in a PHOTOGRAPH or VIDEO to publish that person's image. For any person who is under the age of 18, permission must be granted by a parent or guardian before the person's name or image can be submitted for publication on the Site.

By submitting any NEWS ARTICLE, COMMENT, PHOTOGRAPH or VIDEO to Lakesimcoeliving.com, you acknowledge that permission has been received from each and all of the subjects therein to have their name and/or image published. CATSPAW MEDIA INC. will not be responsible if a name or image is submitted for publication by a Member without permission of the person whose name or image is contained in the NEWS ARTICLE, COMMENT, PHOTOGRAPH or VIDEO.



EVENTS

Rules for posting EVENTS:

Members may post EVENTS on the EVENT CALENDAR for public viewing. You agree not to post any inappropriate words, comments or phrases and will be held liable for any words, phrases or comments posted that are considered inappropriate — legally or otherwise — for adults or children.


USE OF CONTENT

You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") that is protected by copyright, trademark or other proprietary rights of CATSPAW MEDIA INC. and its affiliates or other third parties (including other Members).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement.

Content is provided to the Site through Members entering into a Membership Agreement. You may submit for publication on the Site any Content owned wholly by you. You may download Content only in accordance with the terms of this Membership Agreement.



PASSWORDS

You acknowledge and agree that the user identification provided to CATSPAW MEDIA INC., so that you may access and utilize the Membership portions of the Site exclusive to your Membership, and the password selected by and used by you in conjunction with your Member Name are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of CATSPAW MEDIA INC.

You acknowledge and agree that you will be responsible for each and every access or use of the Membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that CATSPAW MEDIA INC. is authorized to accept your Member Name and password as conclusive evidence that you have accessed or utilized the Membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although CATSPAW MEDIA INC. does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), CATSPAW MEDIA INC. does not have the ability to access the password(s) themselves.



RULES OF CONDUCT

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement.

Members of Lakesimcoeliving.com and CATSPAW MEDIA INC. agree, on the Site, NOT to:

• Abuse, harass, stalk, defame, threaten or otherwise violate the legal rights of others.

• Distribute, publish, post or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

• Upload or otherwise transfer files that contain software or other material protected by intellectual property laws or by rights of privacy or confidentiality, unless you own or control the rights thereto or have received all necessary consents.

• Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

• Falsify the origin or source of software or other material contained in a file that is uploaded.

• Post anything on the site that is directly against the original purpose of the marketing intent and original concept of CATSPAW MEDIA INC.

• Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or CATSPAW MEDIA INC.'s business.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other CATSPAW MEDIA INC. member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.



MANAGING CONTENT

CATSPAW MEDIA INC. does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content.

CATSPAW MEDIA INC. reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. CATSPAW MEDIA INC. shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by CATSPAW MEDIA INC. to determine Accepted Content is done as a courtesy only.



CATSPAW MEDIA INC. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CATSPAW MEDIA INC. with notice of such infringement.



CONFIDENTIAL INFORMATION

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of CATSPAW MEDIA INC. and its licensors, and you agree that during the term of this Membership Agreement and thereafter you shall not, without the express written consent of CATSPAW MEDIA INC., use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law.

For the purposes of this Membership Agreement, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of CATSPAW MEDIA INC. and its members, affiliates, licensors or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.



INDEMNITY

You agree to indemnify, defend and hold CATSPAW MEDIA INC. and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "CATSPAW MEDIA INC. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any CATSPAW MEDIA INC. Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement.

CATSPAW MEDIA INC. reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CATSPAW MEDIA INC. 's defence of such claim.



TERM AND TERMINATION

This Membership Agreement is effective until terminated. You may terminate this Membership Agreement at any time by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by such other means of written notice acceptable to CATSPAW MEDIA INC. which enables confirmation of your identity and your intention to terminate. CATSPAW MEDIA INC. reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. CATSPAW MEDIA INC. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Under this Membership Agreement your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded. Termination of this Membership Agreement shall operate without prejudice to the CATSPAW MEDIA INC.'s rights, defences and limitations of liability provided under this Membership Agreement, which rights, defences and limitations of liability shall survive termination of this Membership Agreement.



DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CATSPAW MEDIA INC. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

CATSPAW MEDIA INC. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.



LIMITATION OF LIABILITY

IN NO EVENT SHALL CATSPAW MEDIA INC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF CATSPAW MEDIA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.



IN ANY EVENT, CATSPAW MEDIA INC.'s TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.



SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF CATSPAW MEDIA INC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.



AGE AND RESPONSIBILITY

You represent and warrant that you are of sufficient legal age to use the Site (18 years of age and older in the Province of Ontario, Canada) and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.



APPLICABLE LAW

The Site is controlled, operated and administered by CATSPAW MEDIA INC. from within the Province of ONTARIO, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of ONTARIO, by accessing the Site, you acknowledge and agree that this Membership Agreement will be governed under the laws of the Province of ONTARIO and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of ONTARIO, Canada, with respect to the subject matter of this Membership Agreement.



You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.