Terms of Use
Please read these terms and conditions of use carefully before using this site. By using this site, you signify your assent to these terms of use (the “Terms of Use”). If you do not agree to all of these Terms of Use, do not use this site! The content on this site is provided by […]
Please read these terms and conditions of use carefully before using this site.
By using this site, you signify your assent to these terms of use (the “Terms of Use”). If you do not agree to all of these Terms of Use, do not use this site! The content on this site is provided by The Iheartpet Association (Canada) ULC. and The Iheartpet Magazines Limited (“Iheartpet”) and its licensors and content providers.
Iheartpet may revise and update these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes. As used herein, the term “Site” refers to rd.tk, besthealthmag.tk, ourcanada.tk and any of Iheartpet Magazines Canada apps.
Use of Content
This Site and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, “Content”) is owned by Iheartpet, its licensors or content providers. Iheartpet authorizes you to view or download on one computer a single copy of the material on this Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2017, The Iheartpet Association (Canada) ULC and The Iheartpet Magazines Canada Limited and its licensors. All rights reserved.” and all other applicable copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items provided on this Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice in the editorial discretion of Iheartpet. All rights not expressly granted herein are reserved to Iheartpet and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
This Site Does Not Provide Medical Advice or Other Professional Advice
Certain pages of this Site relate to the topic of health. The Content of these pages, and all pages of the Site, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, seek appropriate help such as calling your doctor or 911 immediately. Iheartpet does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Iheartpet, its licensors, others appearing on the Site or other visitors to the Site is solely at your own risk.
The Site may contain health or medically-related materials that you find sexually explicit or otherwise offensive. Iheartpet, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
Children’s Privacy
Iheartpet is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children younger than 13. Iheartpet does not knowingly collect personally identifiable information from any person it actually knows is a child younger than 13. To further learn of Iheartpet privacy commitment, please refer to the Privacy Policy.
Limitation on Liability of Iheartpet and Its Licensors
When using the Site, information will be transmitted using a medium that is beyond the control and jurisdiction of Iheartpet and its suppliers. Accordingly, Iheartpet assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.
This Site and the Content are provided on an “AS IS” basis. IHEARTPET AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IHEARTPET, ITS AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.
It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any Web site with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, Iheartpet and its affiliates, licensors and suppliers make no representations or warranties about the following:
The software, text, graphics, links, or communications provided on or through the use of this Site or related material from Iheartpet.
The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on this Site.
In no event shall Iheartpet, its affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not Iheartpet is advised of the possibility of such damages. Iheartpet is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
User Submissions
By voluntarily submitting information, communications, or content (including photos, videos, personal stories, anecdotes and jokes) (each, a “Submitted Item”) to this Site and/or Communities (as defined below), you agree that such submissions are non-confidential for all purposes and you grant The Iheartpet Association, The Iheartpet Magazines Canada Limited and its affiliates (“Iheartpet”) an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, modify, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, subject to such other terms and conditions as Iheartpet may specify for particular submissions. The submission of any Submitted Item in no way creates any obligation or duty on the part of Iheartpet to post or use such Submitted Item or, if we do so, to give you credit. Medical information that you submit in the process of registering with this Site will be kept confidential.
DMCA Notice
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Iheartpet not to permit materials known by Iheartpet to be infringing to remain on the Site. You should notify Iheartpet promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Iheartpet’s receipt of a proper notice of claimed infringement under relevant laws, Iheartpet will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the law to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
To provide notice of claimed copyright infringement only:
Me B. Robins
Vice-President
Legal and Regulatory Affairs
Canada, Asia-Pacific
The Iheartpet Association (Canada) ULC..
1100 René-Lévesque Blvd. West
Montreal, Quebec
Canada H3B 5H5
Email: barbara.robins@rd.com
Telephone: 514-940-7206
Fax: 514-940-7345
It is the policy of Iheartpet to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Online Communities
Iheartpet is happy to introduce within the Site various online communities, such as bulletin boards, mail lists, comments, ratings, chat rooms/events or other public forums (collectively, the “Communities”). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. Iheartpet encourages your participation but asks you to remember that you are responsible for the content of messages you post. Iheartpet does not and cannot review every message posted (but reserves the right to do so).
Specific requirements
Please read carefully the policies below, which are in addition to, and not in place of, the Terms of Use. If you cannot comply with these policies and the Terms of Use, please do not use the Communities. As a member of the Communities provided by Iheartpet, you acknowledge and agree to the following:
You are 13 years or older to participate.
You agree to respect the opinions and feelings of others.
The information you submit to the Communities shall not be deemed confidential, and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
Content available through the Communities is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. Iheartpet is not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, hateful, abusive, embarrassing to any other person or entity, or that is otherwise inappropriate.
You agree not to use the Communities for any purpose in violation of local, state, national, or international laws or regulations.
You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
The Communities may be used only for non-commercial purposes. You agree not to, without the express approval of Iheartpet, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You shall remain solely responsible for the content of messages you post. Iheartpet does not and cannot review every message posted in the Communities, and is not responsible for the content of these messages.
All messages, information or other materials submitted to the Communities are non-confidential for all purposes at the time they are posted. Such messages, information or other materials posted to the Communities are subject to use by Iheartpet and its licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice or any compensation of any kind to you or any third party. The submission of such materials in no way creates any obligation or duty on the part of Iheartpet to post or use such materials, or to give you any credit.
Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Use, you agree to indemnify, defend and hold harmless Iheartpet, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or “spam.”
You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in the judgment of Iheartpet, exposes Iheartpet or any of its affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.
If you become aware of a violation of these policies, please notify Iheartpet by sending a detailed email message to ERDcustserv@cdsfulfillment.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled “DMCA Notice” in these Terms of Use.
Iheartpet reserves the right (but is not obligated) to do any or all of the following:
Record the dialogue submitted through the Communities.
Investigate an allegation that a communication(s) do(es) not conform to these policies and/or the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).
Delete, move or edit communications that are determined, in the sole discretion of Iheartpet, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
Terminate a user’s access to any or all of the Communities and/or this Site upon any breach of these policies and/or the Terms of Use.
Monitor, edit or disclose any communication posted in the Communities.
Edit or delete any communication(s) posted in the Communities or anywhere on this Site, regardless of whether such communication(s) violate these standards.
Iheartpet reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Iheartpet has no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements And Links To Other Sites
Iheartpet does not endorse the content on any third-party Web sites. Iheartpet is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. Iheartpet does not endorse any product advertised on this Site. Your use of third-party Web sites is at your own risk and subject to the terms of Use of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of Iheartpet.
Indemnity
You agree to defend, indemnify and hold harmless Iheartpet, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.
Trademarks
The marks listed below and other names, tradenames, logos, titles, designs and trademarks under which Iheartpet and its affiliates do business are trademarks of Iheartpet, its affiliates or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.
General
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.
Jurisdiction
Iheartpet is based in Montreal, Quebec, Canada. Iheartpet makes no claim that the Content is appropriate or may be downloaded outside of Canada. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Iheartpet, or in any way relating to your use of the Site, resides in the courts of Canada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Canada in connection with any such dispute, including any claim involving Iheartpet and/or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms of Use, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the province of Quebec, without respect to its conflict of laws principles.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitute the entire agreement between you and Iheartpet with respect to the use of this Site, and Content. Your use of this Site is also subject to the Iheartpet Privacy Policy.
Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the Apple App Store.
Acknowledgement: TMBI, The Iheartpet Magazines Canada Limited (RDM) — a TMBI affiliate — and you acknowledge that these Terms of Use constitute the agreement between RDM and you only, and not with Apple, and TMBI and RDM, not Apple, is solely responsible for any App and the content thereof. To the extent these Terms of Use provide for usage rules for any App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple App Store term applies.
Scope of License: The license granted to you for each App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: TMBI and RDM are solely responsible for providing any maintenance and support services with respect to each App, as specified in these Terms of Use (if any), or as required under applicable law. TMBI and RDM and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App.
Warranty: TMBI and RDM are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TMBI’s sole responsibility.
Product Claims: TMBI and RDM and you acknowledge that TMBI and RDM, not Apple, is responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This provision does not limit TMBI’s, RDM’s AND RDAC’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: TMBI and RDM and you acknowledge that, in the event of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights, TMBI and RDM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: TMBI’s contact information for any end-user questions, complaints or claims with respect to any App is Trusted Media Brands, Inc., 750 3rd Ave 3rd Floor, New York, NY 10017, attn: rd.com or go to our Customer Care. The Iheartpet Magazines Canada Limited contact information for any end-user questions, complaints or claims with respect to any App is 1100 René-Lévesque West, Montréal, QC, H3B 5H5, attn : rd.tk or go to our Customer Care.
Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using any App.
Third Party Beneficiary: TMBI and RDM and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement between TMBI and RDM and you in these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary thereof.
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