Privacy Policy

Here are the highlights:

• The App is licensed to you by Toronto Star for your personal use only. Commercial or other uses are not permitted except with our permission. You may not take content from the App and use it anywhere else.
• You agree that you will only use the App lawfully and will not violate the rights of others.
• You agree that you are responsible for everything you do with the App, including conduct that is harmful to others or unlawful.
• These terms describe the conditions under which you are provided with access to the App, and form a legally-binding agreement between you and Toronto Star.

Personal Information: As more fully described in our Privacy Policy, the App may also collect, use and disclose to us other personal information, including without limitation your first and last name, email address, device type and ID, and other information you upload into the App. We may also collect certain usage and browsing pattern information of users of the App and may use third party service providers in order to gather such information. The information described in this paragraph is used (i) to operate and improve the App, (ii) to communicate with you, including via email and push notifications, in relation to your account and use of the App, (iii) to enhance your engagement with the App and with other products and services we offer, (iv) to show you content that is tailored to you, including relevant advertising content, (v) to protect our legal interests and those of other users (which may include complying with legal requests, subpoenas or court orders), and (vi) for other purposes consistent with our Privacy Policy.  The third party service providers may also collect and use certain information (which will generally be aggregated or anonymized), which is subject to their own privacy policies.

By installing the App you will be entitled to receive updates and upgrades to the App as they become available, and you consent to the installation of this App, as well as the installation of any updates or upgrades, on your device. This App (including any updates or upgrades) may (i) automatically communicate with Toronto Star’s or its third party service providers’ servers and record usage and browsing pattern metrics, (ii) manage App-related preferences or data stored on your device, and (iii) collect personal information in accordance with this notice and our Privacy Policy.

You may withdraw your consent to the above at any time by removing or disabling the App. For assistance please contact [email protected].

Toronto Star mobile application, an application offered by Toronto Star Newspapers Ltd., 1 Yonge Street, 4th Floor, Toronto, Ontario, Canada, M5E 1E6, www.thestar.com

Privacy Policy

Our commitment to privacy:

Toronto Star Newspapers Limited (excluding its publication The Kit) (the “Star”) know that protecting the privacy and confidentiality of your personal information is important to you. This Privacy Policy governs the collection, use and disclosure of your personal information in any form, whether written or electronic, by the Star. The collection, use and disclosure of your personal information is governed by the Personal Information Protection and Electronic Documents Act (the “Act”), and any applicable provincial legislation. This Privacy Policy explains what personal information may be collected from you and how it is used. It also explains how you can ask questions, make suggestions, and express concerns about our privacy practices.

This Privacy Policy governs the collection, use and disclosure of your personal information in any form, whether written, electronic or otherwise, by the Star. Be aware that our websites, digital properties, mobile applications and mobile enabled sites (our “Sites”) may contain links to other websites that are maintained by third parties who are not required to comply with this Privacy Policy and for which the Star has no responsibility. Please review the privacy policies on any third party websites to determine their information handling practices.

This Privacy Policy is available to the public through our Sites, and in paper form from the Star. If you have any additional concerns or questions, we encourage you to contact us and we will address your concerns to the best of our ability. Please read this Privacy Policy carefully, and check back periodically as we may update it from time to time.

What is personal information?

Personal information is any information about an identifiable individual.

The Star is responsible for personal information in its possession and under its control. The Star has implemented policies and practices to give effect to this Privacy Policy, including training and communicating with our employees about the importance of privacy and implementing security procedures that reasonably protect the personal information you provide to us. In addition, Torstar Corporation, the Star’s parent company, has appointed a Chief Privacy Officer to oversee personal information-handling practices of the Star.

What is excluded from privacy protection?

This Privacy Policy does not impose restrictions on: business contact information (e.g. name, title, work contact information) collected, used or disclosed solely for the purpose of communicating with the individual in relation to their employment, business or profession; information collected, used or disclosed solely for journalistic, literary or artistic purposes; publicly available information, such as an individual’s name, telephone number and address when listed in a directory or made available through directory assistance; or information that is aggregated and not associated with a specific individual, including demographic information and statistics.

Children: If you are under the age of majority in your jurisdiction of residence, be sure to obtain your parent or guardian’s permission before you send any personal information to us, or anyone else. We encourage parents to get involved with their children’s online usage and to be aware of the activities in which they are participating.

What personal information do we collect, and why?

• We collect personal contact information (such as your name, address, email address and telephone numbers) if you: sign up for a newsletter; subscribe to a newspaper; sign up to receive electronic messages including by email or SMS; register on an online forum or website, or to attend a paid event; download and use one of our mobile applications or register on a mobile application; purchase any product or service from the Star; are a classified advertiser or auction participant; or provide it to us when you attend a trade or consumer show. This information is used to fulfill your request for information, products or services, to provide targeted advertising, and to respond to your inquiries. From time to time this information may be used to provide reward points or apply credit, as applicable in the circumstances.
• We collect personal contact information (such as your name, address, email address and telephone numbers) when you make a charitable donation to the Star’s sponsored charities, including the Star Fresh Air Fund and the Star Santa Claus Fund, for the purpose of processing your donation and to issue you an income tax receipt.
• We will retain your subscriber ID and passwords to allow you to login to our Sites and so that upon request by you we may remind you of them.
• If you enter a contest or other promotion, we collect and use your personal contact information to administer the contest or promotion including contacting, announcing and promoting prizewinners, and responding to your inquiries. In addition, sometimes our contest rules provide that we may contact contest entrants with promotions and product information. Those rules will also include a way for you to indicate to us that you do not want to be contacted for this purpose. Some contests may also involve co-sponsors, who have their own privacy practices. In these cases, the contest rules and/or entry forms will indicate that your personal information is also being collected by these co-sponsors and will provide you with the ability to opt-out from receiving promotions and product information from them.
• We may collect demographic information, and may use this information along with your personal contact information in order to gain a better understanding of your interests so that we may improve our products and services and develop new products and services, and to determine your eligibility for other products and services.
• We maintain transactional information (such as purchase or subscription history, a list of promotions offered to you, and contests entered) in order to fulfill your request for information, products or services, to respond to your inquiries, and to provide a more personalized experience on our Sites.
• We may also use demographic information, personal contact information and transactional information to contact you about changes, enhancements or other notices related to products or services you requested from us or which the Star provides. In addition, we may use this information to provide you with more targeted offers, advertising, information and content (including offers and other information that has been supplied by our affiliates and selected sponsors or advertisers), including on websites you visit (“Marketing Offers”). If you do not wish to receive Marketing Offers, you may opt-out at any time by following the opt-out procedure below.
• Some of our Sites may also collect, use and store your current location or a history or location preferences or settings to establish your location, improve your experience and, from time to time, to send you information, such as Marketing Offers, that is most relevant to your geographic location. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies, by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile services provider or the manufacturer of your device to learn how to adjust your settings
• If you register for any Site using any social media login credentials, such as Facebook Connect, you agree that we may collect, use and disclose your information from the social media account for the purpose of fulfilling your request for information, products or services, to respond to your inquiries, to gain a better understanding of your interests so that we may improve our products and services and develop new products and services, to determine your eligibility for other products and services, to contact you about changes, enhancements or other notices related to products or services you requested from us or which the Star provides, to provide you with Marketing Offers, or to administer any contest that you have entered. Our access to your personal information will vary according to the particular social media credentials used. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between the Star and your social media account.
• We keep notes and special instructions for classified advertisers and subscribers to help us fulfill your request and provide customer service. We may record or monitor your telephone calls with our customer service representatives for training and quality assurance purposes. We may also keep records of your interactions with our customer service team, and will use this information to fulfill your request for information, products or services, to respond to your inquiries, to improve our products and services and develop new products and services, to contact you about changes, enhancements or other notices related to products or services you requested from us or which the Star provides, or to provide you with Marketing Offers.
• We collect your credit card information if you: subscribe to a newspaper; register on a paid Site; register to attend a paid event; purchase any product from the Star or through one of our Sites; are a classified advertiser or an auction participant. This credit card information is used for the purpose of fulfilling your order or processing refunds or applying credit, if applicable.
• If you choose to opt-out of any use of your personal information in accordance with our opt-out policy, we will keep your contact information and details with respect to your opt-out on a list so that your request can be honoured, and we may retain your information to fulfill legal or regulatory obligations or for other purposes permitted by law. If you provide a complaint to any of our departments, we will collect your contact information and the nature of your complaint, for the purpose of investigating your concerns and responding to you.
• If you provide freelance or other services to us, we may collect your social insurance number for tax reporting purposes and your contact information in order to pay you.
• We may also use or collect additional information from freelancers, other service providers and from advertisers, such as financial information (for example, banking details and credit history) to assess credit risk, sales data to prepare royalty reports and other relevant information to help facilitate your provision of services and to help us evaluate the quality of your services.
• We may use your personal information for the purposes of: managing, administering, collecting or otherwise enforcing your accounts; maintaining business records for reasonable periods of time and generally managing and administering our business; and meeting all relevant Canadian and international regulatory, legal, insurance, audit, security and processing requirements.
• Occasionally, we ask our customers to complete market research surveys. If you choose to participate in these surveys and provide your personal information for that purpose, your information will be aggregated as part of the survey results and shared with our advertisers, sponsors and affiliates in a manner that does not identify you. However, your information will also be used by us to gain a better understanding of your interests so that we may develop new products and services, to determine your eligibility for other products and services, and to provide you with Marketing Offers.
• Other than as permitted or required by law, if we wish to collect, use or disclose your personal information for purposes that are not contemplated in this Privacy Policy, we will identify those purposes at the time of collection. You will be given a reasonable opportunity to opt-out of any such additional purposes.

Cookies and Online Behavioural Advertising

• If you use any of our Sites, we may assign a cookie. A cookie is a small text file that is stored on your internet browser and that can collect and store information. We use cookies to better understand how you use our Sites, to make sure our ads and dynamic content are served correctly, to improve the performance of our Sites, and to improve your experience. For example, a cookie may recall a set of preferences you have set for our Site and record items that you have registered for. Storing cookies on your web browser allows us to present you with web pages and other content that are attuned with your preferences. For example, if you are a registered user, you may see a welcome page with your name on it. These activities are invisible to you, and are generally intended to improve your internet surfing convenience. Unless you have set your preferences so that you will be alerted when a cookie is being stored on your computer, you won’t know about it.
• If you are concerned about cookies, please review and adjust your web browser preferences. However, please be aware that by disabling cookies, you may not be able to use all portions of our Sites, particularly pages requiring registration.
• We may place advertising or other links on our Sites that originate from outside advertisers and other third parties. If you view these ads, the advertisers may assign or recognize cookies. The Star does not control these cookies, nor is it responsible for any marketing or other use of your information by these advertisers or other third parties.
• Our Sites may use Web beacon, gif or other technologies to better tailor and manage advertising on those sites. These technologies may be in use on a number of pages across web sites. When you access these pages, a notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons or gifs usually work in conjunction with cookies. If you don’t want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. If you turn off cookies, Web beacons, gifs and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other cookie information and are disregarded.
• Many of our Sites use third-party advertising companies to serve ads when you visit the Site. These companies may use information (such as web pages you visit and your response to ads but not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you. Some ads appearing on our Sites are delivered to you by DoubleClick, which is a web advertising company. These third parties may, from time to time, use information that they collect about your visits to the Sites, such as the number of times you have viewed an ad (but not your name, address, email address or telephone number) to serve additional ads about goods and services that may be of interest to you. If you do not wish to have your information used in this way, please click on the following link: DoubleClick. The following link has useful information about how to opt out of cookies that are placed by companies who are members of the network NAI (Network Advertising Initiative): NAI Opt-Out. For more information on online behavioural advertising or to opt-out from other third-party advertising companies, visit the Digital Advertising Alliance of Canada website at Your Ad Choices.
• We may also use IP (Internet protocol) addresses to display or allow our third party advertising providers to display more targeted advertising and content.

Analytics

• We use IP (internet protocol) addresses, to gather demographic and statistical information about our users, for systems administration and to diagnose problems with our servers, and to administer our Sites.
• We may, from time to time, track and analyze anonymous usage and browsing patterns of visitors to our Sites to provide our advertisers with more targeted advertising opportunities and to help users see advertising that is most likely to interest them. We may use third party analytics service providers in order to gather such anonymous data on user behaviour, including Google Analytics, which uses data as described in “How Google uses data when you use our partners’ sites or apps”.
• We and our third party service providers may, from time to time, use cookies, web beacons and other technologies to track and analyze certain information about user behaviour and interaction with our Sites, websites operated by our affiliates or websites that are a part of our service provider’s networks (such as browser version and name, how you were directed to the relevant website, or to register with us, page views, date and time of registration or installation, push notification subscription status, push notification engagement activity, details with respect to use of mobile applications and their functionality) and with e-mails we send to you (such as open and click activity), and about your device (such as device model and type, and OS version and name). We may use third party analytics service providers in order to gather such data on user behaviour, and to provide us with other data collection, reporting, ad response measurement and site analytics. This information is used to improve your experience, to help us develop new products and services, to gain a better understanding of your interests so that we may develop new products and services, to determine your eligibility for other products and services, and to provide you with customized advertising, customized content and Marketing Offers that we believe may be of particular interest to you. These third party service providers may also collect and use certain aggregated or anonymized information, which is subject to their own privacy policies.
• We may combine personal information we have collected about you or received from you with publicly available records or with other third party information sources in order to better understand our customers and enhance our ability to provide you with products, services and Marketing Offers that may be of interest to you.

User Generated Content

All information, data, text, graphics, images, messages, reviews, opinions, suggestions or other materials created by users on any Site, including but not limited to its comment forums and chat boards, is public information and may be used and disclosed by the Star in accordance with the Star’s Terms and Conditions.

To whom does the Star disclose personal information, and why?

The Star may disclose your personal information under the following circumstances:

• To provide you with Marketing Offers, the Star may disclose your personal contact information to affiliates and selected sponsors and advertisers. If you do not wish to receive Marketing Offers, you may opt-out at any time by following the opt-out procedure below.
• We may disclose or share non-personally identifiable information with partners or advertisers to help explain our business and the effectiveness of our business or for promotional purposes.  For example, we may disclose aggregated demographic information which does not include any personally identifiable information.
• The Star may transfer your personal information to third party service providers, which may be located outside of Canada (including in the United States), in order to fulfill your order or perform processing and other specialized services (such as credit card or payment processing, prize fulfillment of our contests, collection of overdue accounts, management of customer service requests, product delivery, data analysis for purposes of managing and administering our business, delivery of Marketing Offers and other communications, and circulation auditing and industry accreditation).
• The Star may transfer your personal information to auditors providing services to the Star (including without limitation financial audit, circulation auditing and industry standard accreditation services) in order to comply with legal, regulatory or industry association requirements, to verify delivery of products and circulation data, and to achieve or maintain certain industry accreditations.
• The Star may provide your name and credit card information on a confidential basis to a third party (which party may be outside of Canada) for the purpose of updating your credit card information to ensure that your ongoing subscription to the Star products and services is not interrupted.
• Your personal information may be processed and stored outside of the province in which you reside and/or outside of Canada by us, an affiliate or a third party service provider for the purposes set out in this Privacy Policy and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information.
• The Star may disclose your personal information to our affiliates who provide internal audit, management, billing or administrative services on our behalf.
• The Star may disclose your contact information on a confidential basis to our advertisers for the sole purpose of newspaper delivery verification.

Legal Purposes

• The Star may disclose your personal information to third parties if you have violated our terms of service or conditions of purchase, if we need to comply with applicable laws and lawful governmental requests, other legal and regulatory authorities, for other legal reasons (which may include lawful access by Canadian, U.S. or other foreign courts, law enforcement or governmental authorities) and as otherwise permitted or required by law.

Sale of Business

• The Star may disclose your personal information on a confidential basis to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties.

Implied consent and Marketing Offer opt-out policy.

In general, when you provide us with your personal information, the Star relies upon your implied consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy or, if applicable, otherwise at the time of collection. The Star obtains your express opt-in consent to use or disclose sensitive personal information.

If you do not wish to receive Marketing Offers, you may opt-out at any time from receiving (i) Marketing Offers from the Star or (ii) Marketing Offers from third parties by doing any of the following:

• Follow the instructions at the bottom of any email Marketing Offer you receive.
• Inform your telemarketer at the time you are called with a Marketing Offer.
• Call Customer Service at 1-800-279-0181 and request that your personal information not be used for Marketing Offers.
• Email Customer Service at [email protected] and request that your personal information not be used for Marketing Offers.

It may take 2-4 weeks to fully process your opt-out request. Please note that if you opt-out of receiving Marketing Offers, you may continue to receive certain transactional messages from us.

We reserve the right to use and disclose your personal information without your consent where required or permitted by law, for example, if we have reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law, in order to protect or defend our legal interests, or to comply with applicable laws and lawful governmental requests.

Safeguards

The Star has technical, contractual, administrative and physical security measures to protect your personal information in a manner that is reasonable and appropriate to the nature of the personal information you provide to the Star. For example, when you provide credit card information to us, we work to help protect the security of your credit card information by using industry standard secure sockets layer (SSL) encryption technology.

Please be aware that email is not a secure medium, and any personal information you send to us by email could be intercepted. If your communication is very sensitive, you should not send it electronically unless the email is encrypted or your browser indicates that the access to our Site is secure. Credit card numbers should not be sent by email.  Materials posted to online forums such as bulletin boards or comment sites are public, not secure and may be viewed by anyone. Any personal information you post may be collected and used by anyone and may result in unsolicited messages from other internet users. The Star is not responsible for personal information you choose to post or submit in any online forum on any of its Sites.

How to access and correct your personal information

Some of our Sites provide you with the means to access, update, edit or delete certain subscriber or registration information by going to the appropriate page on the Site and changing or deleting such information as desired. Alternatively, or for other information, you may call Customer Service at 1-800-279-0181 and we will make the changes upon receipt of appropriate evidence.

We will give you access to the information we retain about you within a reasonable time, upon written request, satisfactory identification and proof of entitlement. In some cases, we may not provide access to personal information in our possession or control. If we deny your request, we will advise you in writing of the reason for the refusal and you may challenge our decision.

How to address concerns regarding your privacy

The Star encourages you to contact us with any questions or concerns you have about your privacy or this Privacy Policy. If you have a question concerning the Star’s Privacy Policy, would like a copy, or if you have any questions or concerns regarding the manner in which we or our Canadian, U.S. or other service providers treat your personal information, please contact Customer Service at: 1-800-279-0181, or email us at [email protected].

Customer Service can successfully deal with many issues. If you prefer, or if after contacting Customer Service your concerns or questions have not been resolved to your satisfaction, you can contact Torstar Corporation’s Chief Privacy Officer in writing as follows:

Chief Privacy Officer

Torstar Corporation

One Yonge Street, 6th floor

Toronto ON

M5E 1E6

Fax: (416) 869-4183

This Privacy Policy was last updated on November 19, 2015

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE TORONTO STAR MOBILE APPLICATION (THE “APP”), OWNED AND OPERATED BY TORONTO STAR NEWSPAPERS LTD. (“TORONTO STAR”).

Access to and use of the App is subject to Toronto Star’s Privacy Policy available at https://www.thestar.com/about/privacy.html and within the App, rules, notices and policies which you may be directed to or are displayed in connection with the use of the App, acknowledgements and consents you provide in the course of installing or using the App and the terms and conditions set out below (collectively, the “Terms”). If you do not agree with these Terms, please delete the App from your device and do not access or use the App.

We reserve the right to change these Terms from time to time by updating this posting.  We also reserve the right to change the App by adding or removing features or charging for its use.  If we begin to charge for any use of the App, you will not be charged until we obtain your agreement to pay any fees.

Restrictions on Use of Materials

The App and its contents are the property of Toronto Star or its licensors, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.

Toronto Star grants you an individual license to download, display or use the App and its contents solely via the App made available to you on your personal electronic device.  This license is for personal, non-commercial and educational purposes only.  You cannot use the App in connection with any commercial enterprise, unless you obtain Toronto Star’s consent in advance.  You are not permitted to alter the App or any content. No other use is permitted and all other rights not expressly granted in these Terms are reserved.  Nothing contained herein shall be construed as conferring any right under any copyright of Toronto Star or any other person who owns the copyright in the content provided on the App.  Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any content from the App, including without limitation by framing, caching or other similar means, without the prior written consent of Toronto Star and, if applicable, the copyright owner of such content.

All trademarks and trade names are trademarks or registered trademarks of Toronto Star Newspapers Ltd. or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the App does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.

Jurisdiction and Governing Law

The App is controlled and operated by Toronto Star. Its offices are located at One Yonge Street, 4th Floor, Toronto, Ontario, Canada, M5E 1E6. If you choose to access this App from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. You agree that any formal legal dispute arising out of or in connection with these Terms or the App shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

User Control and Uninstall

You can access and change certain user settings using the functionality of your mobile device.  Uninstallation methods will vary depending on your device.  For further information on user settings or uninstallation or if you have other questions or concerns about the App or these Terms, please consult your device manual for reference or contact us at [email protected].

Representations and Warranties

You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Toronto Star is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms;  and (iv) you are not located in any  country that is subject to a U.S.  or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting “ country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

In cases where you have authorized a minor to use the App, you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor’s access to and use of the App; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the content other users post on the App or within websites linked from the App may contain material that is inappropriate for minors.

User Conduct, Indemnification and License Granted

Text, data, graphics, images and videos opinions, suggestions and any other postings created by users on any part of the App (“Postings”) are the responsibility of the user creating the Postings. TORONTO STAR HAS NO RESPONSIBILITY FOR POSTINGS AND DOES NOT GUARANTEE OR PROVIDE ANY WARRANTY WITH RESPECT TO THE ACCURACY, INTEGRITY OR QUALITY OF THE POSTINGS OR WITH RESPECT TO THE QUALITY, SAFETY OR LEGALITY OF ANY ITEM OR SERVICE THAT IS OFFERED THROUGH THE APP. However, Toronto Star retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever.  Toronto Star will not be liable to you or any third-party for any modification or discontinuance of your Postings.

You acknowledge and agree that Toronto Star may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms or to protect itself, its users and/or the public.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.  Without limiting the generality of the foregoing, you agree not to post, transmit, link to, upload or otherwise submit or distribute any Postings that: 

• infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
• include any material that is inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful;
• denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
• depict violent or criminal acts, or seek to incite violence or crime;
• include any material that relates or pertains to any “hate group,” for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
• include a photograph of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
• involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• distribute or contain spam, chain letters or pyramid schemes;
• harvest or otherwise collect or use any information about other users of the App, including email addresses or phone numbers, without their consent and without complying with all applicable legal requirements;
• are in any language other than English or French;
• are false or misleading, including in the locator, sender information or subject matter of an electronic message;
• contain opinions, notices or discussion topics that would be more appropriately posted on a social media site;
• contain any keywords that are not directly related to the item you are offering;
• use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the App or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App without Toronto Star’s express written consent ; or
• include any material or undertake any activity that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You do not have permission to add other App users to any mailing or e-mail list for commercial purposes, even if a user has purchased something from you, unless the user has provided you with consent in accordance with all applicable laws.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF TORONTO STAR NEWSPAPERS LTD., ITS PARENT, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS, YOUR ACCESS TO OR USE OF THE APP, YOUR BREACH OF ANY APPLICABLE LAW (INCLUDING WITHOUT LIMITATION ANY PRIVACY OR ANTI-SPAM LEGISLATION) OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE APP. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

By contributing Postings to the App, you give (or warrant that the owner of such rights has expressly given) to Toronto Star Newspapers Ltd. and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to host, cache, store, copy, use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, sell, re-sell, perform, display and publicize such Postings anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. You also grant Toronto Star the right to sub-license and authorize others to exercise any of the rights granted to Toronto Star under these Terms, and each such third party will be entitled to benefit from the rights and licenses granted to Toronto Star under these Terms.  You further authorize Toronto Star to publish your Postings in a searchable format that may be access by users of the App.  In addition, you acknowledge and agree that you hereby waive any moral rights in your Postings. You further agree that Toronto Star is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

Links to Third Party Sites

The App may contain hyperlinks to sites that are not a part of the App.  The inclusion of any link does not imply endorsement by Toronto Star of the site. If you decide to visit any linked site, you do so at your own risk.  TORONTO STAR ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE APP WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.

Third Party Advertisements

Third party advertisers (“Advertisers”) may offer goods, services and other materials to you on the App. Descriptions of, or references to, products or publications within the App do not imply endorsement of that product or publication.  Your correspondence and business dealings with Advertisers or other third parties including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings are solely between you and the Advertiser or other third party. You agree that Toronto Star will not be responsible or liable for any loss, damage or harm of any sort incurred as the result of or related to any such dealings or the offering of such goods, services and other materials on the App.  Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Professional Information Disclaimer

The App and its contents may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including but not limited to third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields ( “Professional Information” ). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of the App does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that the Toronto Star does not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation investment and financial planning decisions. You agree that the Toronto Star shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, TORONTO STAR IS PROVIDING THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE APP, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED.  TORONTO STAR DOES NOT WARRANT THAT THE FUNCTION OF THE APP OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TORONTO STAR BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF TORONTO STAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL TORONTO STAR’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THIS APP AND (II) 100 CANADIAN DOLLARS.  YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING TORONTO STAR.

You expressly acknowledge that Toronto Star has relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the App available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and Toronto Star.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Metroland. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

The failure of Toronto Star to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Toronto Star shall not be deemed a breach of these Terms.

These Terms, including all terms, policies, and guidelines referenced in these Terms, are the entire agreement between you and Toronto Star concerning the App. These Terms supersede all prior agreements or communications between you and Toronto Star regarding the subject matter of these Terms.

The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.

Additional Terms applicable only to users of the iOS version of the App

These additional terms are applicable to you only if you have downloaded the App from the Apple App Store.  You and Toronto Star acknowledge that these Terms are between you and Toronto Star only, and not with Apple.  Toronto Star, not Apple, is solely responsible for the App and its contents,  and only to the extent provided in these Terms.  You are only licensed to use the App on Apple-branded devices running iOS that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you.  To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the App.  You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App.  Apple is not responsible for addressing any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of the App.  In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Toronto Star agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.

Last updated:  March 22, 2017