Effective Date: September 21, 2021
Please read these Terms and Conditions carefully before using Our Service (as defined below). Use of the Service may be subject to additional terms and conditions presented by Rubicon, which are hereby incorporated by this reference into these Terms.
By singing up for, or otherwise using the Service, you agree to these Terms. If You do not agree to these Terms, then you must not use the Service or access any Content.
These Terms are between you and Rubicon.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of fifty percent (50%) or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Rubicon” (referred to as either “Rubicon”, “We”, “Us” or “Our”) refers to Rubicon Publishing Inc.
“Content” refers to content such as text, images, video or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that Content.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
“Service” means “www.mzine.ca”
“Terms and Conditions” means these Terms and Conditions that form the entire agreement between You and Rubicon regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“You” or “Your” means the individual accessing or using the Service, or the Rubicon, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Rubicon. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this includes the right for us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms and Conditions.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant us the rights and license as provided in these Terms and Conditions, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Rubicon is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Rubicon reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Rubicon further reserves the right to make formatting and edits and change the manner any Content. Rubicon can also limit or revoke the use of the Service if You post such objectionable Content. Rubicon cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Rubicon be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Although regular backups of Content are performed, Rubicon do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Rubicon will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Rubicon has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Rubicon and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks may not be used in connection with any product or service.
Rubicon reserves the right to remove or disable access to any Content for any or no reason. Rubicon may take these actions without prior notification to You.
You assign all rights, title and interest in any Feedback You provide Rubicon. If for any reason such assignment is ineffective, You agree to grant Rubicon a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party websites or services that are not owned or controlled by Rubicon.
Rubicon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Rubicon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of Rubicon and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or one hundred dollars ($100.00) CAD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall Rubicon or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if Rubicon or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Rubicon, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Rubicon provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Rubicon nor any of Rubicon’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Rubicon are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify and hold Rubicon harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Rubicon terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.
The agreement evidenced in these terms and conditions is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and user attorns to the exclusive jurisdiction of the courts of Ontario with respect to all issues relating to the construction, validity, interpretation and enforcement of these terms and conditions. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to this agreement.
This Site is operated by Rubicon from its offices within the Province of Ontario, Canada. Those who choose to access this Site from other locations are responsible for compliance with local laws, if and to the extent that local laws are applicable.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Rubicon.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
If You are a United States consumer, You represent and warrant that: (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Other than as stated in this section or as explicitly agreed upon in writing between you and Rubicon, these Terms constitute all the terms and conditions agreed upon between you and Rubicon and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Rubicon may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
If You have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By phone number: (toll free) 1-800-336-0980 or (direct) 905-849-8777
By mail: 2040 Speers Road, Oakville, Ontario Canada L6L 2X8