CONTENT POLICY
Reartix (hereafter “ShowMemory” or “we”) is the owner of the website accessible at the link www.showmemory.com (the “Website”). The present “Content Policy” describes the types of Content made available on the Website, the intellectual property rights relating thereto, how such Content is managed by ShowMemory and how it may be used. There are three types of Content available on the Website, namely ShowMemory Content, Third Party Content and User Content. The Content Policy also includes the Code of Conduct, which outlines how you may use the Interactive Features of the Website.
The Content Policy forms an integral part of the Terms of Use, accessible here: www.showmemory.com/termsofuse, and must also be read and understood in conjunction with the Privacy Policy, accessible here: www.showmemory.com/privacypolicy, and with all other policies which may be issued by ShowMemory from time to time, which also apply to your use of the Website and constitute an agreement between you and ShowMemory.
E WEBSITE IN ANY MANNER WHATSOEVER.
ShowMemory reserves the right, at its sole discretion, to modify any part of the Content Policy, in whole or in part, at any time. Changes become effective as soon as a notice to this effect is posted on the Website. We may, but are not obligated to, notify you of the changes to the Content Policy by email or regular mail. Your continued use of this Website after any such change signifies your acceptance of these changes.
PLEASE READ THE CONTENT POLICY CAREFULLY, AS YOU MAY NOT USE OR ACCESS THIS WEBSITE AND ITS CONTENT OTHER THAN IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE CONTENT POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MAY NOT ACCESS OR VIEW THE WEBSITE OR CONTRIBUTE TO OR USE THE CONTENT OF THE WEBSITE IN ANY MANNER WHATSOEVER.
1. SHOWMEMORY CONTENT
The “ShowMemory Content” includes all information and materials available on the Website, including without limitation, the design, information, text, illustrations, trademarks, logos, images, icons, interfaces, as well as the assembly and layout thereof, but excludes Third Party Content and User Content.
1.1 Intellectual Property
The ShowMemory Content is wholly owned or used under licence by ShowMemory. All ShowMemory Content is protected under Canadian and international intellectual property laws. You do not have any rights in the ShowMemory Content. The ShowMemory Content which is owned by third parties is used on the Website pursuant to a licence which grants rights to ShowMemory and not to you.
For any ShowMemory Content made available on the Website by or on behalf of an entity that has entered into a separate written agreement with ShowMemory, the terms and conditions as contained in such separate agreement will prevail on the Content Policy in the event of any inconsistency. Furthermore, such separate agreement and this Content Policy will be considered to supplement and complement each other to the extent that there is no inconsistency between their respective terms and conditions.
1.2 Use of ShowMemory Content
You may not use the ShowMemory Content except as expressly described herein.
Subject to your compliance with the Content Policy and all other applicable policies relating to the Website, ShowMemory grants you a non-exclusive, personal, non-assignable and non-sublicensable, license to access (remotely via an Internet connection provided by you) and make personal and non-commercial use of the ShowMemory Content, the whole solely for informational purposes.
You can print or share on social media extracts of ShowMemory Content, for personal and non-commercial purposes. This permission is only valid if you comply with all of the following conditions: (i) you retain all copyright and exclusive rights notices set forth in the ShowMemory Content, including copyrights and trademarks, and indicate the source “ShowMemory”, including the URL of such ShowMemory Content; (ii) you do not modify the ShowMemory Content in any way; and (iii) you do not reproduce, perform, distribute, or otherwise publicly communicate or use the ShowMemory Content for any commercial purpose.
Unless otherwise specified herein, you are not authorized to modify, copy, reproduce, republish, upload to a server or elsewhere, send, publish, distribute, or otherwise use the ShowMemory Content available on the Website. You may not use the ShowMemory Content in a manner contrary to applicable laws, whether local, provincial, federal, international, or foreign. Modifying or using the ShowMemory Content for any other purpose violates the intellectual property rights of ShowMemory or third parties.
Any other type of use of the ShowMemory Content requires the prior written consent of ShowMemory.
1.3 Users’ Contributions to ShowMemory Content
ShowMemory welcomes your comments and suggestions regarding the ShowMemory Content. However, it is suggested that you do not submit such type of comments, suggestions or any related material by posting on the Website, unless you wish to make it public and give your ideas to ShowMemory (i.e. transfer them in their entirety and free of charge).
In such case, your comments, suggestions, ideas, illustrations, or other contributions to the ShowMemory Content become the property of ShowMemory. In addition, ShowMemory will not consider any contribution as confidential and will not be responsible for any idea concerning its business (including product or advertising ideas) and will not incur any liability resulting from similarities that may appear in its future activities.
Without limitations, ShowMemory will be the exclusive owner of all current and future rights in this contribution to the ShowMemory Content and will have the right to use it for any commercial or other activity without giving any compensation to you or any other person who submits it.
By submitting a contribution regarding the ShowMemory Content, you represent and warrant that you own and hold the rights to such contribution and acknowledge and agree that such rights become the property of ShowMemory, as set out above. In addition, you agree that you are fully responsible for the content of this contribution, including its legality, reliability, relevance, originality, and the rights relating thereto.
2. CONTENT SOURCED FROM THIRD PARTIES
Some content available on the Website has been sourced from third parties (“Third Party Content”).
2.1 Intellectual Property
Third Party Content is used by ShowMemory as permitted under the Canadian fair dealing and American fair use copyright doctrines or is otherwise subject to another exception under copyright law.
Fair Dealing and Fair Use
Fair dealing and fair use provide an exception to copyright protection and allow the use of copyright-protected materials without obtaining the copyright holders’ authorization. Both Canada and the United States’ copyright legal frames provide various exceptions, including for news reporting. Determining whether fair dealing or fair use are applicable is a highly fact-specific endeavour and will vary from one situation to another.
In the case of fair dealing (Canada), the courts have established that the following factors can be considered:
The purpose of the dealing: the purpose of the dealing will be deemed fair where it is for one of the purposes allowed by the Copyright Act, including news reporting;
The character of the dealing: the courts will look at how the works are dealt with, such as whether they are copied in their entirety or partially;
The amount of the dealing: this criterion is to be assessed from both a quantitative and qualitative perspective;
The alternatives to the dealing: the courts will consider whether it was necessary to copy the work or whether there was an alternative to using the work;
The nature of the work: the courts will consider the nature of the work being reproduced, including whether it has previously been made public or kept confidential; and;
The effect of the dealing on the original work: the courts will look at the impact of the reproduced work on the original work.
It is worth noting that this list is not exhaustive and that none of the above criteria are determinative, that these factors vary in importance depending on the specific circumstances.
As for the American doctrine of fair use, courts have established that the following factors were to be considered:
The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrights work as a whole; and
The effect of the use upon the potential market for, or value of, the copyrighted work.
2.2 Use of Third Party Content
Third Party Content is made available on the Website for consultation and informational purposes only. Any other use of Third Party Content is subject to the authorization of the copyright holders and to applicable intellectual property laws.
All intellectual property rights in and to Third Party Content remain with their rightful owners and use of Third Party Content on the Website does not transfer any intellectual property rights relating thereto, would it be to ShowMemory or to you.
2.3 Removal of Third Party Content
If you are a copyright owner and believe that a copyright-protected work of yours or a portion thereof is used on the Website outside of the scope of the exceptions of fair dealing or fair use, please send ShowMemory a notice to that effect at legal@showmemory.com and include the following information:
your name and address;
the work to which the notice relates;
your interest or right with respect to copyright in the work;
the electronic location of the work, namely the specific link to access the work on the Website;
the infringement that is claimed; and
the date and time of the claimed infringement.
ShowMemory will review your request and will respond to all legitimate requests within thirty (30) days.
3. USER CONTENT
You may create an account to post content on the Website, in which case you will be considered a “User” and your contributions to the Website will be considered “User Content”.
User Content includes, without limitations, all works, photographs, audio material, videos, texts, comments, messages, reviews, ratings, files, avatar, information available on Users’ profiles or as posted on the Website’s public pages, data, ideas, discoveries, inventions, blog contributions, written submissions, software, code, programs, or any other materials or intangible asset, whether protectable or not as intellectual property rights, provided by a User to be included as part of the Website.
Any content made available on the Website by or on behalf of an entity that has entered into a separate written agreement with ShowMemory is considered ShowMemory Content and is excluded from the definition of User Content.
All User Content is subject to the following terms and conditions.
3.1 Intellectual Property
By sharing User Content on the Website, you hereby grant to ShowMemory an irrevocable, perpetual, royalty-free, non-exclusive, assignable, and sub-licensable worldwide licence, to use your User Content.
The licence you grant to ShowMemory in relation to your User Content includes, without limitation, the right to use, reproduce, copy, adapt, modify, create derivative works, create original works in relation thereto, convert, publish, disseminate, translate, index, summarize, distribute, or otherwise make available to the public your User Content, in any form, media, or technology, now known or hereafter developed, within the terms set out in this Content Policy. The licence you grant to ShowMemory also includes the right for ShowMemory to use your User Content as part of promotional materials and advertising for the activities of ShowMemory.
By sharing User Content on the Website, you also waive the exercise of all moral rights relating to your User Content, for the whole world and for the whole duration of said moral rights. This waiver of your moral rights allows, for instance, for ShowMemory and other Users to edit your User Content, it also allows ShowMemory to display advertising on the pages of the Website where User Content is available and to integrate interactive features to User Content.
All rights, title and interests in and to any and all derivative or original works created by ShowMemory or any third party, in relation to any User Content (including, without limitation, any summaries, indexing, or translation of any such User Content), are and will be the sole and exclusive property of ShowMemory or any such third party.
3.2 Availability and Use of User Content
By submitting User Content to the Website, your User Content will be automatically published and publicly available on the Website, and you understand and agree that other Users may share your User Content on the Website or on third party websites, such as social media platforms. We do not control what others may do with your User Content and accept no responsibility in this regard. Just like we do not review User Content posted on our Website, we do not review what is done with your User Content on third party websites.
If you decide to use or visit a third party website to share User Content or for any other reason, you are entirely liable and it is your responsibility to take all necessary precautions. Third party websites are governed by different terms than those applicable to our Website, we encourage you to consult them.
3.3 Discussions, Comments and Ratings
The Website may allow you to share public comments and ratings regarding the Content. The Website may also make available forums or bulletin boards for discussion. You are solely responsible for the messages you send through the Website and the consequences of these messages. Information and messages that you share or post may be seen by other Users of the Website.
3.4 Representations and Warranties regarding your User Content
By posting User Content on the Website, you represent and warrant to ShowMemory that:
you own and control all rights, titles, and interests of every kind in and to your User Content and all other rights granted and/or licenced hereunder, and you are fully entitled to make the representations, warranties, covenants, and waiver set out in this Content Policy and to grant such right, title, and interest to ShowMemory, free and clear of any encumbrances or adverse claims whatsoever;
no part of your User Content will violate or infringe upon the intellectual property rights or any other rights of any third party including, without limitation, any copyright, patent rights, trade secrets, privacy rights, or trademark rights;
your User Content will not constitute libel or slander against any person, firm, or entity, nor contain any matter which is obscene or in any other way unlawful, and will not contain any false or misleading claims;
your User Content complies with the Code of Conduct and is in line with the informational purposes of the Website;
you have not done anything, whether by act, omission, agreement, or other means, to conflict with this Content Policy or to impair the rights granted to ShowMemory hereunder or to interfere with the full enjoyment by ShowMemory of such rights; and
you are not aware of any claim, litigation or other proceeding, pending or threatened, which could impair, limit or diminish the rights granted to ShowMemory under this Content Policy or constitute a source of liability for ShowMemory as a result of the inclusion of your User Content the Website.
You agree to fully indemnify and hold harmless ShowMemory, its affiliates, licensees, successors, and assigns, and their respective officers, shareholders, directors, parents, employees, agents and representatives (the “Indemnified Parties”), from and against any and all actions, claims, losses, damages (whether direct, indirect or otherwise), judgments, reasonable legal fees (including outside attorneys’ fees) and disbursements and any other liabilities and expenses that they may incur in consequence of a breach of any of the warranties, representations and obligations you made under this Content Policy including, without limitation, the representations and warranties contained in relation to User Content.
3.5 No Liability for User Content
available on the Website. Accordingly, in no event will ShowMemory have any liability or be liable to users or any other party, for any claims relating to the appropriateness, selection, content, maintenance, currency, usefulness, completeness, accuracy, retention, availability, use, or non-use of any User Content.
You acknowledge and understand that ShowMemory does not have the obligation to monitor, author, edit, delete or change any information contained in any User Content, and you agree that ShowMemory does not have any such responsibility in relation to User Content.
3.6 Complaints regarding User Content
If you would like to send us your comments regarding User Content found on the Website, please contact us at: www.showmemory.com/feedback-form . ShowMemory will then take the measures it deems appropriate and reasonable to follow up on this complaint, without, however, incurring any liability in this regard.
3.7 Removal of User Content
You understand that ShowMemory may, but is not obligated to, review submitted User Content and that ShowMemory reserves the right, at its sole discretion, immediately and without notice, to remove User Content partially or totally. ShowMemory reserves the right, in its sole discretion, to terminate your privilege to use the Website and to suspend or terminate your account if you do not respect the Code of Conduct and the Content Policy, or any other policy issued by ShowMemory in relation to the Website.
4. Code of Conduct
The Website allows you to share User Content and we may also, from time to time, make blogs, discussion forums, and other interactive features available to Users (collectively the “Interactive Features”). Any use of the Interactive Features and the Website is subject to the present “Code of Conduct”, and to all other policies issued by ShowMemory in relation to the Website.
As a condition of your continued access to and your use of the Interactive Features and the Website, you hereby agree to abide by all applicable federal, provincial, state, territorial, and other laws and regulations. In addition, and without limiting the generality of the foregoing, you agree not to:
upload, post, e-mail, link, or otherwise transmit any User Content that:
constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
infringes any patent, trademark, trade secret, copyright, or other proprietary or privacy rights of any party;
is irrelevant, unlawful, harmful, threatening, abusive, harassing, violent, gory, tortious, defamatory, vulgar, profane, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program, or code, designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
promotes terrorist or extremist acts, including recruitment, inciting violence, or celebrating terrorist attacks.
harvest or otherwise collect or store any information (including personal information) about other users of the Website, including e-mail addresses, without the express consent of such Users;
mislead others by creating a false identity of the sender or the origin of a message, or other such deceptive practices;
impersonate any person or entity, including, but not limited to, a ShowMemory employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Website;
use, download or otherwise copy, or provide to any person or entity any Website user directory or other user or usage information or any portion thereof other than in the context of your use of the Website as permitted by ShowMemory; and
facilitate or encourage any of the above conduct.
Feedback and comments regarding Content available on the Website and interactions with other users must be respectful and constructive. The Website is intended to be a community that encourages expression and diversity in a safe and creative environment.
All obligations set out in this section are part of the Code of Conduct.
5. Retention of Intellectual Property Rights
As between you and ShowMemory, ShowMemory shall be deemed to be the sole and exclusive owner of all ShowMemory Content and User Content which was not submitted by you, including, without limitation, all information, data, work, ideas, discoveries, inventions, software, codes, programs, or any other materials and intangible assets, whether protectable or not as intellectual property rights, provided by ShowMemory to Users through the Website, and in each case any and all components thereof (collectively, the “ShowMemory Property”).
Your rights to use any ShowMemory Property, if any, are limited to and are as expressly set forth in this Content Policy and are strictly personal and temporary utilization licence rights. Except as expressly provided herein, you have no rights with respect to the ShowMemory Property or any components thereof. No property, ownership or real right or interest in any ShowMemory Property, or any component thereof, is granted, assigned, conveyed, transferred, or sold to you by virtue of this Content Policy or otherwise. Without limitation, you may not, directly or indirectly, alter, destroy or remove any copyright, trade secret, patent, trademark or other proprietary or legal markings or notices placed upon or contained within any ShowMemory Property.