femail.ca legal, privacy and membership information introduction Before all else is read, know this -- your privacy will always be respected. We will not sell the rights nor the possession of your data, email address or any personally identifiable information to any outside organization for the duration and extent of our business practice. Okay, so now that the above has been stated upfront, here is the rest of the legal mumbo jumbo. Welcome to sweepstakes.ca -- one of cmi inc.'s network of web properties and channel sites (referred to hereafter as "Site") and all of its divisions, affiliates and subsidiaries that are referred to herein as "we," "us," or "our". By using this Site, you signify your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use this Site. Any new features that augment our network or the release of a new web property are also subject to the terms of service outlined within this Membership Agreement. We believe that the responsible use of data collected and full disclosure of how it is being utilized, is critical to our business objectives and reputation. As part of our commitment to privacy, we want subscribers to fully understand the terms and conditions surrounding the capture and use of that information. This policies below discloses what information we gather and how we use it. We are dedicated to ensure that you are aware of all aspects surrounding your signup. Questions and comments may be sent via email to privacy@sweepstakes.ca By signing up on sweepstakes.ca and/or participating in any offer expressed, you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review this carefully. If you do not agree to this Agreement in its entirety, you are not authorized to sign up with sweepstakes.ca and/or participate in any offer in any manner or form, whatsoever. Sweepstakes.ca provides its service to you subject to the terms of service outlined. In addition, when using any site that is owned or operated by cmi inc., you are subject to all rules, policies and guidelines that are outlined and applicable to you, the user. service and your registration obligations In order to participate in any offer, you must successfully obtain a free sweepstakes.ca membership and, accordingly, you will be fully subject to the Membership Agreement as outlined in this document. When you apply for membership, you agree to provide accurate, current and complete information about yourself ["Application Data"] as prompted by the sweepstakes.ca registration form. You agree to maintain and update your Application Data to keep it as accurate, current and complete as possible. sweepstakes.ca reserves the right, in its sole discretion, to terminate your membership and your participation in any offer where you have provided inaccurate, untrue, deceptive and/or incomplete Application Data. Sweepstakes.ca reserves the right, in its sole discretion, to accept or reject any membership application for any reason, or for no reason, whatsoever. Your subscription occurs when you register at sweepstakes.ca ( the "Site"), either via registration at our website or one of our properties, via co-registration at a marketing partner's website, or via a permission mailing. We collect personally identifiable information about our subscribers, based upon the information gathered at the time of registration, subsequent electronic mailings and website usage, and information provided by marketing partners. We also collect the originating IP address. This data is aggregated so that we can provide an enjoyable, speedy web site experience. Our Company uses subscriber information for our own promotional and sales activities, as well as to support the promotional and sales activities of our clients and marketing partners. The Company is able to offer its free services based, in part, on the willingness of our subscribers to be reached by our company, clients and marketing partners; any information we collect may be used to support our services and data sharing. But we will not sell the rights nor the possession of your data, email address or any personally identifiable information to any outside organization for the duration and extent of our business practice. We will communicate advertisements to you through a wide array of correspondance tools available and that these advertisements are necessary for sweepstakes.ca to provide its free service. These communications are considered part of the sweepstakes.ca free membership. When you sign up and submit a request to participate in any one of our client sweepstakes, contest offers or of the kind, you are giving expressed consent to that Advertiser to contact you and utilize the personal information that you have provided upon signup. This is the nature of any sweepstakes or contest offer -- for the Advertiser to be able to convey information to you pertaining to their products and services. Please always read the Advertisers' privacy policy before you join their sweepstakes or contest offer. Protect yourself. Again, we are empowering you to take notice of how your data will be utilized. content for children Our company understands the importance of protecting children's privacy, especially in an online environment. Our sites are not intentionally designed for or directed at children 13 years of age or younger. It is our policy never to knowingly collect or maintain information about anyone under the age of 13. On signup, we require and obtain the name, address, sex and age of all our customers. We also ensure that all advertising, sponsorship and promotional activity is not targeted at those under the age of 13. If you know someone under the age of 13 who is registered with us, please contact us. Please be aware that there may be links or content on a advertiser site that may contain mature content or that may be considered offensive to some. Please protect yourself as we are empowering you to take notice of all external site content. If an advertisers site content is not appropriate and is considered offensive by you, please notify us and we will investigate. collection of data In general, our site collects consumer opinions, shopping habits & other related information in order to provide services of value to our individual members and partner companies. We generally use this information in the following ways: To provide members with account specific notifications, site wide updates, relevant information via newsletter, and partner offers. By submitting data on our company website, you are providing explicit consent to transborder transmission of data collected. Your consent is requested before you signup as a member, so you are in complete control. We want no member surprised or disappointed with any communication. We are empowering you to take notice of how we utilize your data. For retention, you have the ability to unsubscribe at any time or change your personal preferences or account information via the site sweepstakes.ca We will not sell the rights nor the possession of your data, email address or any personally identifiable information to any outside organization for the duration and extent of our business practice. We may disclose, transfer and sell Individual Information to an entity which becomes affiliated with our company through formation, merger or acquisition. technical and operational We have technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information. At some places in the site, "cookies" are used to enhance the your online experience. Cookies are small files that your Web browser places on your computer's hard drive. We use permanent (persistent) cookies to let us know that you are a prior customer and to improve your browsing experience. We also use cookies to retrieve certain information previously provided by you to sweepstakes.ca, so that you do not need to re-enter this information every time you shop at the site. Cookies are not used to access information entered on the server. This information can only be accessed when you enter your name and password. You may browse on our site even if you choose not to accept cookies. Most browsers now recognize when a "cookie" is offered, and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your Internet service provider. We do not use "cookies" to track the navigational habits of identified visitors. trademark and copyright infringement The information, names, logos, trademarks and designs that identify our brand that are contained and accessed on the site are provided by cmi inc. As content on the Site is copyrighted, any unauthorized use of any materials on the Site may violate copyright, trademark and other laws. Should a user download the materials on the Site for personal or non-commercial use, the user must retain all copyright and other proprietary notices contained in the original materials on any copies of the material. Materials on the Site may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes without expressed written consent from cmi inc. unsolicited communication and member conduct NO SPAM! Our company opposes the use of unsolicited commercial email and mass posting to inappropriate newsgroups as an advertising method. If you receive any unsolicited commercial email that appears to be from our company, please notify us immediately. Our company will investigate all complaints. If we find other persons or entities using our name inappropriately, we will not hesitate to contact our legal counsel and initiate all feasible legal action. In recognition of the global nature of the internet and its breadth of reach around the world, you adhere to and agree with your membership, not to utilize your membership to commit any criminal offence of any kind that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to any party whatsoever whether intentionally or unintentionally, violating any applicable local, state, provincial, national or international law. You acknowledge, consent and agree that cmi inc. may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that indicate a violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of our members or the public at large. termination Sweepstakes.ca and cmi inc. reserves the right, in its sole discretion, to accept or reject any current member or any membership application for any reason, or for no reason, whatsoever. outside content Sweepstakes.ca maintains references and hypertext links to advertiser sites and other external properties over which cmi inc. has no control over content. cmi inc. does not in any manner make endorsements, warranties or representations of any kind whatsoever regarding those other external properties, accuracy or appropriateness of said content, and any and all applicable information made available via their site content. Your decision to access any such other web sites shall be entirely at your own risk and discretion. cmi inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content. legal indemnification and provisions By signing up for a membership and providing your personal information to sweepstakes.ca, you have expressly consented to a single integrated contract expressing the entire agreement of the parties relative to the subject matter contained within this Privacy Policy and Legal Agreement. No recitals, covenants, agreements, representations or warranties of any kind whatsoever have been made and/or relied upon by any party, except as specifically set forth in this Agreement. All prior discussions and negotiations have been and are merged and integrated into, and are superseded by, this Agreement. This Agreement may not be modified. English shall be the language of this Site, and all transactions occurring in connection with this Site, and the parties waive any right to use and rely upon any other language, or translations. This Site is controlled by us from our offices within the Province of Ontario, Canada, and is intended for users who reside within Canada and the United States. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so of their own initiative and are responsible for compliance with local laws. With your membership, you agree that cmi inc. shall not be liable under any theory for any damages suffered by you whether incidental, consequential, special or indirect damages of any sort, whether arising in tort, contract or otherwise, under any circumstances. You agree to indemnify and hold cmi inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, action or demand, including without restriction reasonable attorneys' fees, made available to you through the membership service, your connection to the aforementioned, your violation of the Agreement, or your violation of any rights of another. The user and not cmi inc. is entirely responsible for any use or misuse of all available information and materials made available on the site, whether publicly posted or privately transmitted. cmi inc. does not control advertiser content posted via the site and, as such, does not guarantee the accuracy, integrity or quality of such content. You may be exposed to content that is offensive, indecent or objectionable to you the user. Under no circumstances will cmi inc. be liable in any way for any such content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of the content made available via all facets of communication with this membership. In the event that any provision of this Agreement should be held by a court of competent jurisdiction to be void, voidable, illegal or unenforceable in any respect, the remaining provisions hereof shall nevertheless remain in full force and effect as if such void, voidable or unenforceable provision had never been contained herein, said provision being deemed severable and immaterial to the extent permissible under applicable law; provided, however, that such severability shall not be effective if it materially changes the economic benefit of this Agreement to any party hereto. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any party, and it is agreed that no provision hereof shall be construed against any party by virtue of the activities of that party or such party's attorneys. Any claim or cause of action arising out of or related to use of the membership or the Agreement must be filed within one (1) year after such claim or cause of action arose. This Agreement is binding upon all the parties hereto and their respective agents, representatives, affiliates, parents, subsidiaries, successors, beneficiaries, trustees, and assigns, and shall inure to the benefit of the parties hereto. Except as provided in this subparagraph, no other person or entity is an intended beneficiary of this Agreement. This Agreement shall in all respects be governed by and construed and enforced in accordance with the substantive laws of the Province of Ontario. For purposes of any suit arising out of or relating to this Agreement or any breach of this Agreement, the parties hereto agree that venue shall lie exclusively in the Province of Ontario. The parties hereto each irrevocably consent to the jurisdiction of the Ontario Provincial Courts in connection with any action or proceeding arising out of or relating to this Agreement or any breach of this Agreement. This Agreement may be executed and delivered in two or more counterparts, each of which, when so executed and delivered, shall be an original. As used herein, and unless otherwise expressly provided, the singular shall include the plural and the plural shall include the singular, and the masculine, feminine, and neuter genders are used interchangeably, as the context may require. Your membership constitutes acceptance of all terms and is deemed binding. Failure to follow any of the aforementioned terms of agreement will result in your liability for any and all damages sustained including the goodwill of our company. The failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You also agree that your membership is non-transferable and any rights to your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. We encourage you to revisit our Legal and Privacy Issuses Statement to keep informed of any changes. Copyright © 2008 sweepstakes.ca network. All rights reserved.