Most recently amended on June 1st, 2020
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A TOP CHOICE MEDIA PROPERTY.
Welcome to the branded properties of The Top Choice Media Group Inc. and its subsidiaries (collectively, The “Top Choice Media Group") which include without limitation, any Top Choice Media Group print products, digital properties, internet sites and domains (each a "Top Choice Property" and collectively the "Top Choice Media Group property"), your use of which is subject to these terms and conditions (the “Terms and Conditions”). By using a Top Choice Media Group Property, or any of The Top Choice Media Group products or services (each a “Service” and collectively the "Services") available in or on a Top Choice Media Group Property, including Services offered on a payment basis (each a "Pay Service" and collectively the “Pay Services”), you agree, without limitation or qualification, to be bound by these Terms and Conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of a Top Choice Media Group Property or Service, or, in the case of a Pay Service, which form part of your agreement to pay to access or use any particular Top Choice Media Group Property or Service (your "Pay Services Agreement"), all as may be modified by The Top Choice Media Group from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a Top Choice Media Group Property or Service and must terminate any applicable Pay Services Agreement in accordance with these Terms and Conditions and the terms and conditions of such Pay Services Agreement.
Top Choice Awards Inc. - Top Choice Award competition Terms and Conditions
Top Choice Awards Inc. is responsible for the running of the Top Choice Award competition in Canada, the USA and England, which is published onto Top Choice social media channels and Top Choice Magazine. Each nominee has qualified to be a participant in this year’s competition. Each business has been nominated by consumers through a general public) survey currently located within their city.
If your name or business have been registered to be part of this competition it will, along with others, be against other competitors of the same category.
Top Choice is honoured to have your business as one of the many chosen to participate in this year’s competition. It is optional for you to take part into this competition. In fact, if you wish to withdraw from the competition, it is your responsibility to inform Top Choice Awards or Top Choice Media Group of your decision, where in return, your name will be removed from the competition. please email info@TopChoiceAwards.com or info@TopChoiceMedia.com or call 416 662 2123.
All Content available in or on a Top Choice Media Group, including the manner in which such Content is presented, and the Services are: Copyright © Top Choice Media Group inc., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Top Choice Media Group and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a Top Choice Media Group Property or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
All trademarks of Top Choice Media Group Inc., including without limitation, Top Choice Awards inc., Top Choice Magazine inc, and all associated designs and logos belong to Top Choice Media Group inc. and may only be used under license by affiliates or with the express written permission of Top Choice Media Group inc. All other product, brand and company names and logos used or mentioned in or on a Top Choice Media Group Property or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing in or on a Top Choice Media Group Property or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability, and your use, of a Top Choice Media Group Property or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such Top Choice Media Group Property or Service. You acknowledge that Top Choice Media Group may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
Additionally, you agree not to:
In cases where you have authorized a minor to use a Top Choice Media Group Property or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of a Top Choice Media Group Property or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas or portions of a Top Choice Media Group Property may contain material that is inappropriate for minors.
Where applicable, by uploading materials to any chat board or forum available on a Top Choice Media Group Property (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on a Top Choice Media Group Property, you automatically grant (or warrant that the owner of such materials expressly grants) The Top Choice Media Group and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. The Top Choice Media Group and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that The Top Choice Media Group reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
All letters, articles, comments, and other material submitted for publication may be published, distributed and stored by Top Choice Media Group , its assignees and its licensees in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the author.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Top TOP CHOICE MEDIA GROUP PROPERTIES AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF TOP CHOICE MEDIA GROUP , ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE TOP CHOICE MEDIA GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOP CHOICE MEDIA GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A TOP CHOICE MEDIA GROUP PROPERTY OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A TOP CHOICE MEDIA GROUP PROPERTY OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
The Top Choice Media Group Properties may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments ("Professional Information"). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Professional Information or other Content does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that The Top Choice Media Group, including its suppliers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by The Top Choice Media Group through a Top Choice Media Group Property or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by The Top Choice Media Group Group; and (c) not necessarily reflective of the views or policy of Top Choice Media Group , including the publisher, contributors and staff of, and advertisers in or on, a Top Choice Media Group Property. You acknowledge and agree that any request for information by you is unsolicited and will neither constitute nor be construed as investment advice by The Top Choice Media Group. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE TOP CHOICE MEDIA GROUP DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that Top Choice Media Group , its affiliates and licensors, and employees, subcontractors or agents may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a Top Choice Media Group Property. The views and opinions expressed in or on a Top Choice Media Group Property are not intended to constitute a description of securities bought, sold, or held on behalf of The Top Choice Media Group Group nor an indication by The Top Choice Media Group Group of any intention to buy, sell, or hold any security.
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any online Top Choice Media Group Property's search services are protected by copyright and/or other intellectual property laws. The Top Choice Media Group does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside an online Top Choice Media Group Property, all of the Multimedia Content contained on such sites is owned and served by entities other than Top Choice Media Group . The Top Choice Media Group provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through an online Top Choice Media Group Property's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
For users of The Top Choice Media Group Properties other than in relation to Pay Services Agreements, The Top Choice Media Group reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a Top Choice Media Group Property. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of any Top Choice Media Group Properties and any of the Services immediately. Your continued use of a Top Choice Media Group Property or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, The Top Choice Media Group reserves the right to change, modify, suspend or discontinue any aspect of a Top Choice Media Group Property, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below.
Certain Top Choice Media Group Properties allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by The Top Choice Media Group or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by The Top Choice Media Group or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that The Top Choice Media Group or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that The Top Choice Media Group Group, including its suppliers, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
Please exercise discretion while browsing the Internet. Please note that certain links on an online Top Choice Media Group Property may take you to other websites. The Top Choice Media Group provides these links only as a convenience and not as an endorsement by Top Choice Media Group . These linked sites are not necessarily under the control of Top Choice Media Group . If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The Top Choice Media Group is not responsible for the content of any such linked sites or any other web page which is not part of an online Top Choice Media Group Property and under Top Choice Media Group 's control. Unless otherwise expressly provided, The Top Choice Media Group Group makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that The Top Choice Media Group Group will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from an online Top Choice Media Group Property.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Top Choice Media Group Property or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The Top Choice Media Group Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that The Top Choice Media Group Group will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Certain of the Services and Content made available in or on a Top Choice Media Group Property may be offered by The Top Choice Media Group on a payment basis. These Pay Services may be offered by The Top Choice Media Group on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the "Fees"), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify The Top Choice Media Group of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process, in your Pay Services Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period until your Pay Services Agreement is terminated, as set out in more detail in your Pay Services Agreement), to the credit card you designated for the particular Pay Service Account (the "Account Credit Card") or through such other billing process where applicable.
Please note that Subscription Pay Services are billed automatically on or about the beginning of each of your payment periods, and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. You may terminate your Pay Services Agreement at any time. If you are subscribed to a Top Choice Media Group online product, your termination will take effect at the end of your then current billing period, and there will be no refund provided by Top Choice Media Group . If you are subscribed to a Top Choice Media Group print product, your termination will be effective immediately and The Top Choice Media Group will provide a refund for any amount over $5 remaining in your Pay Services Account. No refunds are provided for any amounts of $5 or less remaining in your Pay Services Account.
In the event you wish to make changes to your Subscription, the following policies will apply:
In addition, any changes to your online and/or print Subscription may also result in, where applicable and at Top Choice Media Group `s sole discretion, changes to, or cancellation of, associated free trials and/or discounts you may be receiving, or the application of associated free trials and/or discounts you may be entitled to. Such changes and/or cancellations may take place immediately or may take effect at the end of your then current billing period, at Top Choice Media Group ’s sole discretion. The Top Choice Media Group shall determine, in its sole discretion, when and where free trials and/or discounts are applicable, and how long such free trials and/or discounts shall apply to you, if applicable. Please contact Top Choice Media Group ’s Customer Care centre at 905 761 1980 to determine how changes to your Subscription may impact, where applicable, any associated free trials and/or discounts you may be receiving, or may be entitled to.
You must contact The Top Choice Media Group immediately with any change in your billing information to avoid an interruption in service and/or termination of your Subscription. By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all Account Credit Card information), and (c) you are the cardholder of the Account Credit Card.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the terms of your Pay Services Agreement and these Terms and Conditions, including, without limitation, the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein; (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account; (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever; (d) that The Top Choice Media Group reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (e) that The Top Choice Media Group reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions and your Pay Services Agreement.
The Top Choice Media Group may at any time and from time to time amend or modify these Terms and Conditions or a Pay Service Agreement, including without limitation, any Fees, delivery frequency, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods: (i) letter mailed to your billing address; (ii) bill message or insert; (iii) e-mail to one or more of your email accounts provided to Top Choice Media Group ; (iv) posting on The Top Choice Media Group and Mail website; (v) newspaper ad; or (vi) speaking to you or leaving a message for you. If you do not agree to any such amendments or modifications of your Pay Services Agreement or these Terms and Conditions, your sole remedy is to immediately stop using The Top Choice Media Group Properties and Services, including Pay Services, and to terminate your Pay Services Agreement and these Terms and Conditions in accordance with these Terms and Conditions and your Pay Services Agreement. You can review the most current version of these Terms and Conditions at www.topchoiceawards.com or by requesting a copy from Manager, Purchasing & Office Services, 444 Front St. W., Toronto, ON, Canada M5V 2S9.
The Top Choice Media Group reserves the right to suspend or terminate your Account and your access to The Top Choice Media Group Property, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you give The Top Choice Media Group and/or its affiliates or licensors false or misleading information; (c) The Top Choice Media Group and/or its affiliates or licensors does not receive any payment when due; or (d) The Top Choice Media Group has determined, in its sole discretion, that the use of a Top Choice Media Group Property or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by The Top Choice Media Group will be in addition to and without prejudice to such rights and remedies as may be available to Top Choice Media Group , including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by The Top Choice Media Group or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, The Top Choice Media Group reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement.
Subject to the Subscription/Fee Based Services Section (above), you may terminate your Pay Services Agreement at any time by calling Top Choice Media Group’s Customer Care Centre at 905 761 198.
You agree to defend, indemnify and hold harmless each member of The Top Choice Media Group Group and each of their respective officers, directors, employees and agents, including all third parties mentioned in or on a Top Choice Media Group Property, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Top Choice Media Group Property, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Top Choice Media Group Property or through any of the Services. You will use your best efforts to cooperate with The Top Choice Media Group Group in the defense of any claim. The Top Choice Media Group Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL TOP CHOICE MEDIA GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE TOP CHOICE MEDIA GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF TOP CHOICE MEDIA GROUP PROPERTY, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A TOP CHOICE MEDIA GROUP PROPERTY OR ANY OF THE SERVICES.
You expressly acknowledge that The Top Choice Media Group has entered into your Pay Services Agreement and these Terms and Conditions, and has and will make certain Top Choice Media Group Properties, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Top Choice Media Group . You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.
All Top Choice Media Group Properties and Services are controlled, operated and administered by The Top Choice Media Group from its offices within Canada. The Top Choice Media Group makes no representation or warranty that a Top Choice Media Group Property or any of the Services are appropriate or available for use at any locations outside Canada. If you access a Top Choice Media Group Property from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Top Choice Media Group Property in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Pay Services Agreement), your Pay Services Agreement, your use of any Top Choice Media Group Property or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of a Top Choice Media Group Property or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against The Top Choice Media Group Group relating to any Claim and you also agree to opt out of any class proceedings against The Top Choice Media Group Group. Notwithstanding the foregoing, The Top Choice Media Group reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The Top Choice Media Group is always improving The Top Choice Media Group sites and services and developing new features. If you have ideas or suggestions regarding improvements or additions, The Top Choice Media Group would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO THE TOP CHOICE MEDIA GROUP AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO TOP CHOICE MEDIA GROUP AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO TOP CHOICE MEDIA GROUP AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT TOP CHOICE MEDIA GROUP AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY TOP CHOICE MEDIA GROUP AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
You are permitted to vote once per nominee, per city, per year. You must confirm your email address for your votes to count permanently. Use of multiple email addresses, real or otherwise, for the purpose of voting on the same nominee is a violation of the voting rules. Any automated voting methods, including the use of robots or spider programs is not permitted.
In the event that Top Choice Awards detects any abuse of the voting system or violation of the Voting Rules, intentional or otherwise, we reserve the right to remove violating votes from our system without notice or prejudice. Votes may be removed actively or retroactively at any point during the survey. When possible, a notification will be posted on any categories believed to be affected by fraudulent behaviour. If a statement is not posted you may contact us directly regarding the category in question. Top Choice Awards enacts penal guidelines in order to preserve the purity and high quality of the voting surveying process. For the purpose of fair business practise, Top Choice Awards will preform appropriate consequence in the result of law violations. A person voting more than once shall be held accountable for his/her action and his/her vote will be automatically removed from the survey. A nominee providing casting fraudulent ballots, votes, emails, calls or votes will be held accountable and their nomination will be threatened, resulting in possible elimination if further investigation were to advise on rule violations. This is not prohibited by Top Choice Awards. Further, each nominee is not authorized to substitute and or pressure voting on their behalf. Each nominee may be held accountable for receiving votes from people unqualified to vote (those who do not truly believe you are Top Choice). If this is not followed within the one week spam the accused nominee will be refrained from the voting system and their official nomination will be revoked and can only possibly be reintroduced back into the survey the following voting year. Top Choice Awards will not be a supporter of bribes between the businesses and the public. While a voter is free to chose whom ever to vote for, a voter may not consider possible other options due to the initial bribe, thus supporting unfair business practise. Top Choice Awards is in the search of the best of the best, the real Top Choice can only be discovered if the survey is maintained fair and honest. Survey margin of error is three percent.
Nominees are not permitted to run their own contests or offer prizes to incentivize votes. The only available incentive for a person to vote is one that is offered to all voters offered by Top Choice Awards; prizes can include toppy t-shirts or a cash grand prize. The prizes may differ yearly, please reference the nominee tools of the respective year for the official yearly prizes. Top Choice Awards reserves the rights to remove or disqualify any nominee running their own contests, from the Top Choice Awards Survey.
There are a number of email generators available online that allow a person to create multiple email addresses that redirect to a real address they own. This can be a good guard against spamming sites, but it can also be used to violate our voting rules. Top Choice Awards maintains a list of these types of email providers and prevents use of these types of email addresses during registration. Upon detecting new providers of such emails, we add the provider to our "ban" list and remove any votes associated to these type of email address from our system.
We use a custom voting program to detect and remove votes that are deemed to be violations of our voting rules. The details of our program are not disclosed to prevent abuse and potential workarounds. But you can ensure that your votes count by only voting once per nominee, per city and ensuring that you confirm your email address. Fraudulent voting activity is detected through a custom-tailored detection program. Any voting adjustments are done programmatically.
These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between The Top Choice Media Group and you pertaining to your use of a Top Choice Media Group Property, Services and Content and supercede any prior agreements between you and The Top Choice Media Group with respect to the subject matter hereof. Top Choice Media Group 's failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of The Top Choice Media Group Sites or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.