Welcome to Crossingborderstv.com, one of the family of informational, educational and entertainment-oriented websites brought to you by The Crossing Borders, L.L.C., and its subsidiaries and affiliates ("Crossing Borders"). Please read this Visitor Agreement; by using this website, you accept its terms.
This Visitor Agreement applies to all of the websites where it is posted. Those websites are referred to collectively in this Visitor Agreement as the "Crossing Borders Sites." Additional terms and conditions may apply to some services offered on Crossing Borders Sites. Such terms and conditions may be found at the place where the relevant service is offered. For example, policies governing purchases through our store can be found at the bottom of each store page.
If you disagree with any material you find on Crossing Borders Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate.
The material that appears on Crossing Borders Sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on Crossing Borders Sites, you should confirm any facts that are important to your decision. Crossing Borders and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on Crossing Borders Sites. Crossing Borders is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Crossing Borders or its licensors.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.
ALL LEGAL DISPUTES OR CLAIMS AGAINST CROSSING BORDERS OR CBAEL TIME TV MUST BE SERVED IN THE PROVENCE OF ONTARIO CANADA.
Email Address of Designated Agent: crossingborderstv.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of Canada, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Crossing Borders does not accept unsolicited ideas or materials relating to programs, marketing of programs or any other aspect of Crossing Borders' operations. Any unsolicited ideas, pitches or materials will be returned or discarded unread. This is to avoid any misunderstanding if your ideas are similar to those we have created independently. Therefore, we must request that you do not send us any creative materials or ideas. Any ideas or materials you choose to submit in contravention of this policy will be treated as non-confidential and non-proprietary and shall be deemed the property of, and may be used by, Crossing Borders and its affiliates for any purpose. In submitting any ideas or materials, you further agree to the following:
1. You accept that submission of ideas or materials does not create a confidential relationship between you and Crossing Borders, and you further agree that Crossing Borders does not have any obligation to maintain your submissions in confidence;
2. You agree that no contract or obligation of any kind is assumed by Crossing Borders or may be implied against Crossing Borders by reason of Crossing Borders' receipt, review or use of your submissions;
3. You agree that Crossing Borders is not obligated to return your submissions to you and that it is not responsible for loss of or damage to any materials submitted;
4. You agree to waive, and to release Crossing Borders and its affiliates from, any claim that Crossing Borders or its affiliates misappropriated any ideas or materials of yours, violated any intellectual property rights of yours, or otherwise violated any of your legal rights relating to the ideas or materials you submit;
5. You agree that Crossing Borders and its affiliates may edit, copy, publish, distribute, or otherwise use in any medium any ideas or materials you submit and that Crossing Borders will own exclusively all right, title and interest in such submissions.
In submitting user-generated content to Crossing Borders Sites, you agree to the following terms and conditions:
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant The Crossing Borders, L.L.C., ("Crossing Borders"), Crossing Borders joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "CB Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated content submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Content Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the CB Parties may or may not earn or generate through its use of your Content Submission.
CB Parties' Right to Use Your Content Submission.
You grant the CB Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Content Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the CB Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the CB Parties the right to use and distribute, and license others to use and distribute, your Content Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Content Submission hereunder.
Clearance of Your Content Submission for the CB Parties' Use.
You represent and warrant that your Content Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the CB Parties' use and distribution of your Content Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Content Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the CB Parties' use and distribution of your Content Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Content Submission are true to the best of your knowledge and that neither they, nor any Element of your Content Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval.
You hereby waive any right of inspection or approval of your Content Submission as used and distributed by the CB Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification.
You acknowledge that the CB Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the CB Parties from any and all claims arising from their use and distribution of your Content Submission as permitted herein.
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Website via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We typically do not charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
CHAT ROOMS, FORUMS AND BLOGS
Crossing Borders wants to encourage an open exchange of information and ideas. But we cannot and do not review every posting made in chat rooms, forums, blogs and other public posting areas. You can expect these areas to include content, information and opinions from a variety of individuals and organizations other than the Crossing Borders. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted in the chat rooms, forums, blogs and other public posting areas on Crossing Borders Sites lies with each user -- you alone are responsible for material you post. By using Crossing Borders Sites, you agree not to post or transmit any libelous, defamatory, abusive, obscene, pornographic, threatening or illegal material, or any other material that infringes on the ability of others to enjoy Crossing Borders Sites or that infringes on the rights of others. You may not post or transmit any message anonymously or under a false name. You may not permit any person to access, using your account, any features of Crossing Borders Sites that may require registration. You may not post a single message to more than five areas of any Crossing Borders Site, or post any message to any area of Crossing Borders Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement. We retain the right to deny access to anyone who we believe in our sole discretion has violated these terms or any other term of this Visitor Agreement.
Although Crossing Borders cannot monitor all the postings in the chat rooms, forums, blogs and other public posting areas, we reserve the right (but assume no obligation) to delete, move or edit any postings, including without limitation any Content Submissions, that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Crossing Borders requires you not to use the Crossing Borders Sites to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to Crossing Borders Sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any and all Content Submissions of yours, all material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Crossing Borders and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Please also note the last paragraph in the "Chat Rooms, Forums and Blogs" section above for the terms and conditions that govern the submission of user-generated content to Crossing Borders Sites.
The materials available through Crossing Borders Sites are the property of Crossing Borders or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through Crossing Borders in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Crossing Borders Sites, and to tell them how to find it.
We welcome links to Crossing Borders Sites. You are usually free to establish a hypertext link to any of Crossing Borders Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of Crossing Borders Sites or by the Crossing Borders. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on Crossing Borders Sites.
You agree not to use Crossing Borders Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.
Without the prior written permission of the Crossing Borders, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of Crossing Borders Sites, or incorporate any intellectual property of Crossing Borders Sites, Crossing Borders or any of their licensors into another website or other service.
We don't want anyone to be confused as to which materials and services are provided by Crossing Borders and which are not. You may not use any trademark or service mark appearing on Crossing Borders Sites without the prior written consent of the owner of the mark.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make Crossing Borders Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of Crossing Borders Sites.
YOU AGREE THAT YOUR USE OF CROSSING BORDERS SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH CROSSING BORDERS SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY CROSSING BORDERS SITE OR ANY MATERIAL AVAILABLE THROUGH CROSSING BORDERS SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH CROSSING BORDERS SITES.
CROSSING BORDERS SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. CROSSING BORDERS SITES, CROSSING BORDERS, L.L.C.. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH CROSSING BORDERS SITES, NOR DO THEY GUARANTEE THAT CROSSING BORDERS SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT CROSSING BORDERS SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL CROSSING BORDERS SITES, CROSSING BORDERS, L.L.C., OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF CROSSING BORDERS SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CROSSING BORDERS SITES, CROSSING BORDERS, L.L.C., INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF CROSSING BORDERS SITES, CROSSING BORDERS, L.L.C., AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO CROSSING BORDERS SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO CROSSING BORDERS L.L.C. FOR THE USE OF CROSSING BORDERS SITES.
Crossing Borders staff works hard to ensure that information we post to Crossing Borders Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out-of-date report.
You agree to indemnify, defend and hold harmless Crossing Borders, L.L.C., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Crossing Borders Site using your account.
This Visitor Agreement has been made in and shall be construed in accordance with the laws of Ontario Canada. By using Crossing Borders Sites, you consent to the exclusive jurisdiction of the city of Thunder Bay and federal courts located in Ontario, in all disputes arising out of or relating to this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
USE OF TRAVEL-BOOKING FEATURES OF CROSSINGBORDERSTV.COM
The travel-booking features of Crossingborderstv.com are provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. Once you have submitted your search request, you will leave Crossingborderstv.com and the other Crossing Borders Sites (note the URL address once your search results come back); this is true even if there is Crossingborderstv.com branding on the next page you see after you have submitted your search request. As such, separate terms and conditions will apply to your reservation and purchase of the travel-related goods and services that you select, and you should look for them prior to booking your travel. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of your use of the travel-booking features of Crossingborderstv.com.
ASSOCIATED PRESS CONTENT
Crossing Borders Sites include certain content owned by the Associated Press. Without limiting the generality of any of the foregoing provisions of this Visitor Agreement, you specifically acknowledge and agree that (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) the Associated Press is an intended third-party beneficiary of this Visitor Agreement and may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
By using Crossing Borders Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using Crossing Borders Sites, and we welcome suggestions for improvements. Thanks for making Crossing Borders Sites part of your discoveries online!