This Terms of Use Agreement ("Agreement") governs your use of Pacific Media SmartEdition Service. By using Pacific Media SmartEdition website and the services offered herein, you indicate your acceptance to be bound by this Terms of Use Agreement.

1. Definitions
2. Registration and Security
3. User Responsibilities
4. Changes to Pacific Media SmartEdition Service and Pricing
5. Submissions
6. Intellectual Property
7. Third Party Content
8. Price and Availability of Third Party Content
9. Pacific Media SmartEdition Service Refund Policy
10. Currency Conversion and Associated Fees
11. Pacific Media SmartEdition Auto-Renew and Cancellation Policy
12. Disclaimer of Warranty
13. Limitation of Liability
14. Indemnification
15. Monitoring
16. Revisions to the Terms of Use
17. Termination
18. Miscellaneous

Definitions

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Pacific Media SmartEdition Service or the “Service” is the internet-based digital service owned by Pacific Media and operated by NewspaperDirect Inc.

“We”, “Our”, “Us” means Pacific Media, our service agent, NewspaperDirect Inc. and Pacific Media SmartEdition website. We provide you with the capability to read online electronic versions of publications. Pacific Media SmartEdition Website is located at http://pacificmedia.newspaperdirect.com. “You” means a customer of Pacific Media SmartEdition Service (to the exclusion of business users) and/or visitor of Pacific Media SmartEdition Website. “Account” means your Pacific Media SmartEdition service account, including user name and password information.

Registration and Security

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When you register, you choose a password and provide your email and other information. You're responsible for providing accurate registration information and for updating it as required. You are responsible for maintaining the confidentiality of your password. Our current Privacy Policy is available here.

User Responsibilities

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You may only use Pacific Media SmartEdition Service (a) for lawful purposes, (b) in accordance with this Agreement, and any established operating rules published by NewspaperDirect. You may not restrict or inhibit any other person from using or enjoying Pacific Media SmartEdition Service. You will not use Pacific Media SmartEdition Service in jurisdictions where such use is prohibited by applicable law.

Pacific Media SmartEdition Service is provided for personal use only. For corporate or institutional subscription options please contact our Corporate Support Team.

Changes to Pacific Media SmartEdition Service and Pricing

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We may, at any time, change or discontinue any aspect or feature of Pacific Media SmartEdition Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Submissions

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The Service may provide features that allow you to post messages and content, to interact with us and other users and to upload files, documents, URLs or other materials (collectively, Submissions). When using any of the features of the Service which allow you to post, upload or make Submissions, it is a condition of your use of the Service that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Service, interfere or attempt to interfere with the proper workings of the site or do anything which in our sole discretion imposes an unreasonable or disproportionately large load on our Service infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Service for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading Submissions to the Service, you grant us a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sub-licence to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) agree to waive all moral rights in any Submission in our favour; (ii) consent to your Personal Profile Information appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that we are not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Service will be considered non-confidential.

Either NewspaperDirect, or any third-party provider of information, may review Submissions before they are posted, and may refuse to post any Submission to the Service. Furthermore, NewspaperDirect and any third-party provider of information reserve the right, in our sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable.

Neither NewspaperDirect, nor any third-party provider of information, are not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of NewspaperDirect, or respective author(s), or publisher(s). While we are under no obligation to investigate any complaint regarding any Submission, NewspaperDirect and any third-party provider of information may, in our sole discretion, investigate complaints and take any actions we deem appropriate in the circumstances, including, without limitation, removing the offending communication from the Service and terminating the submitting party's right to access and use the Service (or any portion thereof).

Intellectual Property

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Pacific Media SmartEdition Service contains copyrighted material, trade marks and other proprietary information. Without limiting the scope of intellectual property rights of Pacific Media and/or NewspaperDirect, you acknowledge that Pacific Media and/or NewspaperDirect own intellectual property rights in (i) the content included within the publications; (ii) Pacific Media SmartEdition Service, the content contained within it; (iii) the selection, coordination, and arrangement of Pacific Media SmartEdition Website and the publications contained within it; and (iv) the trade marks used in connection with the Service. Publications available with the Service are for your personal use with Pacific Media SmartEdition only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of Pacific Media SmartEdition or our Publishing partners except as expressly authorized in this Agreement.

Third Party Content

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NewspaperDirect is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications delivered by our Service, are those of the respective author(s) or publisher(s) and not of NewspaperDirect. Neither NewspaperDirect nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through Pacific Media SmartEdition Service. Pacific Media SmartEdition Service may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.

Price and Availability of Content

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Access to Pacific Media SmartEdition Service is made available to end users on a subscription basis. Pricing details can be looked up in the Subscription Plans area of Help and Support, or confirmed with our Customer Support team professional.

Pacific Media SmartEdition Service Refund Policy

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We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.

Currency Conversion and Associated Fees

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NewspaperDirect shows prices in $. When you purchase a subscription plan to Pacific Media SmartEdition service, NewspaperDirect will charge you a price in $. If your bank or a credit card company converts $ to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. NewspaperDirect is not responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate.

Pacific Media SmartEdition Auto-Renew and Cancellation Policy

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With the exception of single issue (current or archived) purchases, all other subscription plans to Pacific Media SmartEdition Service are auto-renewed at the end of the subscription term. However, you may cancel your subscription at any time. In case of cancellation no refund is granted for the unused portion of the cancelled subscription.

Disclaimer of Warranty

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(A) PACIFIC MEDIA SMARTEDITION IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (B) WITHOUT LIMITING THE FOREGOING, NEITHER NEWSPAPERDIRECT NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT PACIFIC MEDIA SMARTEDITION WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PACIFIC MEDIA SMARTEDITION, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH PACIFIC MEDIA SMARTEDITION. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. PACIFIC MEDIA SMARTEDITION IS NOT RESPONSIBLE FOR ISSUING REFUNDS BASED ON YOUR INABILITY TO CONNECT TO PACIFIC MEDIA SMARTEDITION SITE OR VIEW THE NEWSPAPERS.

Limitation of Liability

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IN NO EVENT WILL NEWSPAPERDIRECT OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PACIFIC MEDIA SMARTEDITION. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PACIFIC MEDIA SMARTEDITION; AND (II) NEWSPAPERDIRECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING NEWSPAPERDIRECT LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

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You agree to defend, indemnify and hold harmless Pacific Media, NewspaperDirect, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use or inability to use of Pacific Media SmartEdition Service. You agree to fully cooperate as reasonably required in the defence of any such claim.

Monitoring

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We have the right, but not the obligation, to monitor Pacific Media SmartEdition Service (i) to determine compliance with this Agreement and any operating rules established by NewspaperDirect; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of NewspaperDirect licensors' obligations.

Revisions to the Terms of Use

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Pacific Media SmartEdition shall have the right at any time to change or modify this Agreement. You will be effectively notified when

(i) we prominently display the revised Terms of Use Agreement on Pacific Media SmartEdition website; or

(ii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of Pacific Media SmartEdition Service after notice of the new agreement constitutes your acceptance of the new agreement.

Termination

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Either Pacific Media SmartEdition or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.

Miscellaneous

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This Agreement and any operating rules for Pacific Media SmartEdition Service constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the British Columbia Law (Canada). For any legal action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the British Columbia courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.