Charles Enman
The Ottawa Citizen

Thursday, June 19, 2008

A lot of people want to live their lives in a way that’s kind to the Earth and to the people on it, but they have no clue how.

Enter Ottawa environmentalist David Chernushenko, armed with his first environmental documentary, Be The Change, which will get its premiere screening tomorrow night at the Bell Theatre in Carleton University’s Minto Centre.

“We think this is an upbeat and inspiring documentary,” says Chernushenko, a Green Party candidate in several recent federal and provincial elections. “And inspiration is what people need. They have lots of facts, or ways of getting them, but they don’t have a demonstration that living lightly on the Earth is not that difficult and that lots of people do it and find real pleasure in it.”

“Living lightly” is a mantra for Chernushenko. The new documentary is part of his Living Lightly Project, which seeks to show people how to establish lifestyles that have positive impacts on the environment.

The documentary is full of inspiring stories: an Alta Vista gardener who’s producing lots of food in the city without disturbing her flower-planting neighbours; a couple who have gone a year without fully filling a garbage bag; a contractor who finds that his clients want environmentally friendly buildings; an engineer whose house runs completely off the energy grid.

Chernushenko describes these people as “local heroes,” ordinary people who are quietly making the kinds of personal changes that, if generally adopted, would greatly shrink humanity’s collective environmental footprint.

“Can we make the needed difference? We don’t know for sure, but we do know that doing nothing will guarantee a crash,” he says.

All of these stories were found within 60 kilometres of Chernushenko’s home in Old Ottawa South. That showed two important things, he says: First, that there are lots of stories everywhere, proving that all kinds of people are managing to live lightly; and second, that his team avoided the energy expenditure of travelling long distances.

One could say the film itself has a minimal environmental footprint. The crew used rechargeable batteries in their equipment, ate at locally owned cafés, and printed scripts on recycled paper. To offset the greenhouse gas emissions they couldn’t avoid, they made a donation to the Guatemala Stove Project, which puts fuel-efficient masonry stoves in many rural homes in Guatemala.

Chernushenko thinks many people are ready to hear the stories in the documentary. Two years ago, he points out, a survey on sustainable living showed that 15 per cent of Canadians were already making changes in their lives and a further 67 per cent would if they understood more about it.

“If you say the 15 per cent are the choir, then the 67 per cent are my target, the congregation,” he says. “And I want the congregation to come out of the screening saying, ‘Yeah, I want to live sustainably, and now I feel empowered to do a few things to make that happen.’

“And my belief is that, if we get the congregation acting, we’ll reach a tipping point and everyone else will come along. That’s how society changes.”

More than half of the subjects of the documentary will be present at tomorrow’s screening, which begins at 7 p.m. There is no admission, though donations will be accepted.

DVDs of the 50-minute documentary will be on sale.

Be the Change will air tomorrow at 7 p.m. at the Bell Theatre in the Minto Centre at Carleton University. Admission is free.

© The Ottawa Citizen 2008

The DVD is expected to be ready in July.

If you are interested in purchasing a copy, please email us with your contact information at info@livinglightly.ca, so we can let you know when they’re ready.

June 10, 2008

After years of being considered the proverbial Chicken Little, David Chernushenko has to bite his tongue to avoid saying “I told you so.”

The sustainable living advocate and former Green Party candidate for Ottawa-Centre has been witnessing the public outcry as gas and food prices rise with the wisdom of a grandfather watching grandchildren.

Chernushenko has been among those who have promoted sustainable lifestyles, limiting fuel usage and protecting environmental resources for years.

“Sustainable living, not only is it not a sacrifice, it’s actually a better way of living,” he says.

The timing couldn’t be more advantageous for Chernushenko, who is launching his new career as a filmmaker.

The documentary Be the Change was directed and produced by Chernushenko and features several Ottawa area residents who are either living sustainably, or striving to do so.

Chernushenko has made several short films, including ones focused on energy tips, which he laughingly says can be found on YouTube.

The film will be launched June 20 at Carleton University’s Minto Centre at 7 p.m.

For more information visit www.livinglightly.ca.

Be the Change

An inspiring documentary about people living lightly — and loving it

PDF Version

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INTRODUCTION

Be the Change is an upbeat documentary that makes stars out of ordinary people who are trying to live more sustainably. In the first film from the Living Lightly Project, David Chernushenko looks at what motivates these local heroes and reveals the challenges and rewards of trying to live more lightly. It is a celebration of the human spirit.

This is a “100-kilometre film” – with all scenes filmed within a 100-km radius of David’s Ottawa home.

SYNOPSIS

Be the Change is a point-of-view documentary that takes you on a journey with producer/director and on-camera narrator David Chernushenko as he explores why some people choose to live lightly, or more sustainably, and what it will take to get everybody else on board.

Avoiding both preaching and scare tactics, Be the Change attempts to answer such questions as: What does living lightly look like? Who is doing it? What do they get out of it? Does it hurt? Is it enough? Can all of us give it a try?

The film takes us on a tour of greater Ottawa. From David’s urban home out to the country and back to the houses and shops of the city. He visits the Arbour Environmental Shoppe, the Irving Greenberg Theatre and the Currents “green condo” building, city neighbours, village dwellers and urban gardeners.

David’s Old Ottawa South (OOS) neighbourhood, its landmarks and residents feature prominently in the film. Viewers meet OOS residents Randi Cherry and Robert D’Aoust, the Otesha Project’s “hopeful high school hooligans” on Riverdale, and some residents of the Terra Firma housing community just over the border in Old Ottawa East.

“Making a 100-km film is consistent with our environmental commitment,” David explains. “The local production also nicely illustrates our main point: You do not have to look far to find inspiring people and interesting stories. Every community is full of local heroes, living lightly and modestly.”

CAST

The cast — or subjects, as they’re often called in documentaries — is large and diverse. Here is a cross-section of the people who appear as themselves in Be the Change.

Fran Doy loves gardening. The bigger the garden, the better. But what to do when you live in Alta Vista, a community with green lawns and neighbours concerned about property values? Just how far can you go with your love of urban food production without ruffling people’s feathers? As Fran shows, you can go a very long way indeed, and even get the neighbours involved.

Hugh and Jo-Ann Robertson are famous in Ottawa’s eco-conscious circles. The story of how they went a full year without even filling a full bag of garbage is the stuff of legend. Hugh is also known for his work to educate people citywide about the risks of climate change and the practical steps we can all take to cut energy use and greenhouse gas emissions. Hugh and Jo-Ann are also active members of the Cercle Glenviro Circle, a true community initiative.

Lori Gadzala and Douglas Frosst, along with their children, are living the good life in the village of Manotick. Their shift from awareness to action was gradual, but has evolved into a deliberate and public effort. Protecting the natural shoreline along their property on the banks of the Rideau River seemed logical to them. Now they are exploring other ways, big and small, to live more lightly.

Franklin Holtforster is a man — a businessman — with a mission. The construction industry consumes vast amounts of resources, and inefficient buildings are becoming more and more expensive to operate. So Franklin is reshaping his company, which manages building projects, to be at the forefront of the shift to green building. His staff finds this approach exciting and rewarding, and more and more clients are seeing it as the way of the future.

Thomas Levy found his way into the film after reading about the Living Lightly Project and contacting David Chernushenko. Thomas, a professional engineer, wanted to tell his story about building an energy-efficient, off-grid home, but to make it clear that this was more an act of common sense than of wild-eyed activism. He is wary of all the stereotypes that come with making such a move.

Kate Heartfield is a newspaper columnist and member of the Ottawa Citizen’s editorial board. She surprised a few people when she and her husband Brent gave up their very livable downtown community and moved to the country. These avid walkers and bus riders love their newfound freedom and space, but are fully aware of the trade-offs that come with car-dependent country living.

Denis Bouillon is one of those people who provide inspiration without really setting out to do so. Denis is a resident of the Terra Firma Co-Housing Community and an avid cyclist, in all weather. His neighbours cite him as an example of how we can be inspired by the action and determination of others. Denis cycles in blizzards because he likes it. All the better if that makes him a useful role model.

The Otesha Project: Otesha means “reason to dream” in Swahili, and The Otesha Project takes a spirited and positive approach to promoting sustainable living. The young people involved in this very hands-on group put a great emphasis on interactive education, on engaging citizens, especially youth, and on making living lightly something fun and rewarding that can be shared with others.

PRODUCTION TEAM

David Chernushenko – Producer and Director

David Chernushenko is a sustainability advocate who explores and communicates ways to create healthy, abundant livelihoods for all citizens. He has two decades of experience working in the field of sustainable development, as a public servant, consultant and entrepreneur, author, political candidate and photographer. David currently makes his living as a professional speaker and commentator on environmental, social and economic issues. He is a member of Canada’s National Roundtable on the Environment and the Economy.

Be the Change is David’s first feature-length documentary film. He previously produced a series of Energy Tips Video Clips, a popular source of practical advice freely available on the Internet.

For more information about David Chernushenko, visit www.davidc.ca.

Ned Dickens – Screenwriter

Ned Dickens is about to become best known for his seven-play cycle City of Wine. A playwright, kids’ book author and unorthodox educator based in Kingston, Ont., Ned contributed his words, ideas and wealth of experience in public dialogue and social change initiatives to Be the Change, and continues to be a key contributor to the Living Lightly Project.

James Greatrex – Editor

James Greatrex is a new media artist and filmmaker. His films have been screened at national film festivals, contemporary art galleries and video cooperatives. He has worked with/for the National Film Board (NFB), The Summer Institute of Film and Television, The Canadian Screen Training Centre, The National Research Council and the Queen’s University Film Department. Some of his experimental documentary work has been broadcast on Canadian and US television. He is a member of the SAW video production co-op in Ottawa.

Anouk Hoedeman – Associate Producer

Anouk Hoedeman is a writer, editor and communications adviser based in Ottawa. Anouk is a key contributor to the project’s concept and implementation, and a priceless assistant to David Chernushenko on many of his projects.

Kenneth Berall – Executive Producer

Kenneth Berall is the principal financial partner supporting the Living Lightly Project. He is a businessman with a background in sportswear manufacturing. His concern for the health of our environment led him to support the initial development of the Living Lightly Project. He is also a partner in the start-up nanotechnology company Early Warning Inc.

Stan Boyle

Stan Boyle is a costume maker by day and with whatever time is left over devotes himself to helping other people make videos. He is a key member of the production team, helping with sound, lighting and editing of short videos for the Living Lightly Project Web site.

Paul Wm. Boyle

Paul Boyle is a young, enthusiastic cameraman and filmmaker. Paul produced several films while still in high school and is currently studying video production at Algonquin College. Paul also assists with lighting and the editing of short videos for the Living Lightly Project Web site.

ABOUT THE LIVING LIGHTLY PROJECT

Be the Change is the first full-length film produced as part of the Living Lightly Project. Created by sustainability advocate David Chernushenko and a team of volunteers and dedicated supporters, the Project is described here in David’s words:

We are constantly bombarded by stark and sometimes apocalyptic warnings about climate change, ecological degradation, human suffering and social upheaval. While these stories are, unfortunately, far too true, they are also, fortunately, only one side of the story. What is too often missing from the news, the images and the information we receive, is the inspiring, hopeful and equally true stories of positive change.

The world, like our community, is full of people who are making a difference and leading by example. We are, literally, surrounded by such “local heroes.” Ordinary folk doing extraordinary things to solve social and environmental problems. Their motivation tends not to be wealth or fame; rather, they do what they do because it is satisfying, uplifting and rewarding in the truest and fullest sense of the word.

Wouldn’t it be nice to hear more about these people, and to learn more about what they do, and why? Don’t you think we could be building better, healthier, more supportive communities if we were to use our local heroes as role models, and share their solutions more widely? I think we could, and that’s why I launched the Living Lightly Project.

Living lightly means seeking a personally fulfilling and enriching way of life that makes a positive impact on our environment, our community and society, and inspires others to want to join us. It is a pursuit, a philosophy or maybe even a quest. It is a social movement with a very individual approach, and as such can be very public and communal, or very private and personal.

Living lightly is about choosing to embrace a way of life that is exciting, challenging, rewarding, humbling, and as full of mistakes and dilemmas as it is full of achievements and certainty.

By living lightly, we choose to be active participants in finding and sharing solutions to today and tomorrow’s environmental, social and economic challenges, without being judgmental or sanctimonious. By living lightly, we choose to adopt a positive, generous approach to seeking solutions and to sharing them with others, and to do so with humility.

Living lightly embraces the fact that we have a moral and practical obligation to reduce our personal impact on the planet, to consume fewer resources, to generate less waste and to achieve a better balance between our needs and those of the natural world. But more than that, Living Lightly is a proclamation that we can actually achieve a better quality of life in the process.

Living lightly is a way to attain richer, more meaningful lives. It’s a means to build stronger and healthier communities and economies. It’s a way to improve security and boost resilience.

The Project website (livinglightly.ca) is the hub for a local and global community, to view and share solutions and stories of living lightly, in the form of videos, photos, art and written material.

The LLP aims to inspire a global community of citizens to take practical action to build sustainable communities and livelihoods. We do that by interviewing and then showcasing on video people who are already on the road to “living lightly”, telling their stories and sharing their knowledge and passion. The videos show that viable and exciting alternatives exist to typical current practices (of individuals, groups and companies), and aim to inspire people to adopt some of these or create their own versions.

I have found that when you bring practical optimists together, they can accomplish even more, and inspire others.

FILMING LIGHTLY – OUR GREEN COMMITMENT

• We shot the entire film within 100 km of the city of Ottawa
• The crew walked, cycled, carpooled or took the bus wherever possible
• We used rechargeable batteries most of the time, and disposed of non-recyclable ones safely
• Most crew meals were eaten at locally-owned restaurants/cafes, often organic, sometimes vegetarian
• We printed scripts and other documents on recycled paper, usually on the reverse side of a previously-used sheet
• David’s home production office is solar-powered
• We rode the train or bus for most inter-city travel (the editor and screenwriter live in Kingston)
• We made a donation to the Guatemala Stove Project (www.guatemalastoveproject.org) to offset our estimated greenhouse gas emissions from travel and non-renewable electricity use
• All effort will be made to package the DVD using materials that can be truly and locally recycled
• Any travel related to promoting the film, attending festivals or hosting public screenings will use the same “sustainable transportation hierarchy” followed in the making of the film:

______1. Active transport (walk, cycle)

______2. Public transit

______3. Carpooling

______4. Car – employing efficient driving habits and minimal idling

______5. Airplane – emissions to be offset by contributions
____ __ to legitimate carbon offsetting organizations/projects

It’s Earth Day: time for the ritual flogging of modern industrial consumer society. Greedy humans! Polluters! Sinners! Now it’s time for the compulsory doomsday list:

• Climate change: It’s bad and getting worse, faster than anticipated.
• Water: It’s precious, it’s polluted, and putting it in bottles is not helping.
• Air quality: It’s improving in some cities, but appalling in most, especially in Asia.
• Agriculture: Arable land is increasingly depleted, paved over and under pressure by people and the climate. A food crisis is just around the corner.
• Fisheries: Most of the fish are gone. Technology can pinpoint the remaining ones. Subsistence fishermen are in trouble.

Need more? I thought not.

Sure, every item in that list is true. Some scary things were even left out. Our wasteful society is unsustainable, and we are all guilty of excess, at least occasionally.

But does a public flogging lead anyone to change? Will one more desperate plea to save the planet and ourselves actually inspire anyone, let alone entire societies and economies to adopt the progressive practices required?

Not likely. What might work, though – and this may be our last big hope – is to inspire people to pursue a better way of living. To show them that they can have more of the good things in life, but that they may just want to tweak their ideas of what “having more” actually looks like and what the “good things” really are.

Convincing people to give something up for the sake of the community runs counter to human nature. Even in wartime it is a tough sell, and only ever works if we see everyone else is doing it. What does work – as every marketing agency knows – is to show people that there is something better out there. Better than what you have now. You can have it, too. You deserve it. Such enticement does not rely on intellect. It appeals heavily on the emotional level. It involves getting you to feel, to want. It calls to your senses.

Now what does marketing have to do with Earth Day and saving the planet? Quite simply, it’s time for us greenies to rebrand “environmentalism,” sustainability and even Earth Day. It’s time to focus on how great the future could be, not how bad.

We all want to save polar bears and eat safe food. But do we want to lose our jobs to make it possible? Do we want to spend the winter in wool coats, gathered around a single heater? Do we want to all live without access to a car?

Of course not. Nor should we have to. But that is not the impression many people have.

Whether by poor communication from the proponents of environmentalism, or outright deception from the merchants of the status quo, a myth has been allowed to develop around what a more sustainable lifestyle, a “greener” society might look like. That myth equates a greener future with spartan lifestyles, granola at every meal, and making all your own clothes, from jute sacks. It’s about not having fun.

The challenge of marketing green or sustainable living is to boldly counter that myth, with an offer of a colourful, vibrant, rewarding life. With a vision of communities that are safe, healthy, full of human interaction, and art and energy. With a picture of an economy that delivers efficient, reliable products and services, and good jobs that don’t pollute.

To sell the possible, we can use the actual: stories and images of people, and things and places that already are. Everything we need exists somewhere already and, as economist and philosopher Kenneth Boulding put it, “anything that exists is possible.”

In The Geography of Hope, Canadian journalist Chris Turner takes us on a tour of existing places, and introduces us to people who make the world’s more sustainable villages and buildings and farms and companies function. From his book – and a spate of similarly inspired books, articles, websites and films – it is no great leap to conclude that human society has all the tools we need to build a lifestyle of permanence, to pursue a world that is “100 per cent good” rather than “less bad.”

Once you begin looking, it is startling just how easy it is to find an elegant, efficient and often cheaper solution to a problem, be it a domestic home repair, an industrial process or a municipal transportation challenge. Unfortunately, too many political and business leaders remain convinced that “eco-logical” solutions must be either pipe dreams, too costly, or awaiting some missing technological invention.

When you open your eyes to the cornucopia of eco-solutions, however, an amazing world of ideas and sights awaits:

• Green roofs provide all the protection of a traditional roof, but the plants they hold help to cool the building and surroundings, while retaining and cleaning water and adding biodiversity. Chicago’s city hall has one, as do some buildings in Toronto, many in Portland, and thousands in Germany.
• Energy-plus houses actually generate more energy than they consume, selling their excess “clean” energy to the grid, hopefully replacing dirtier energy. They accomplish this by adding solar and geothermal energy generation to what is otherwise a “normal,” but very well designed and insulated house.
• Urban agriculture is on the rebound, in cities such as Los Angeles and London, not to mention Havana. People continue to, or have just learned to, provide a portion of their food needs by growing it themselves, on roofs, balconies, urban gardens, allotted plots or simply vacant land. They report deriving a great deal of pleasure and a sense of self-sufficiency.
• Organic food buying groups formed in cities across Europe and North America to get access to something hard to find. Now major grocery stores have stepped in to make a greater variety of organic foods, at a lower cost, available “to the masses.”
• “New Urbanism” planners have brought, or brought back, communities that are designed more for human interaction and local commerce, than for speeding cars.
• The (re)discovery list goes on: the clothesline as a weapon against climate change and a budget cutter; the bicycle as a tool for moving things, getting places and getting fit; the farmers’ market as a source of tasty local produce, as well as human interaction; shutters, overhangs and fans as elementary forms of home cooling.

There is no one-size-fits-all answer to anything. All ideas must be considered and understood first, and then tailored as required. What does work everywhere is “solution banking”: online, “open source” spaces where people, all over the world, and free of charge, share what they have done and the lessons learned, in the hopes of contributing to the design of that “100-per-cent good” society and economy.

The “geography of hope” is being built on more than just hope. It is also a geography of inspiration and confirmation. These many green examples can inspire us, excite us, entice us, allow us to dream of something better, and to know that it really is achievable. That sounds like a green marketer’s dream. That sounds like a way to make Earth Day one of celebration, not flagellation.

David Chernushenko is a sustainability expert, public speaker, and creator of the Living Lightly Project (livinglightly.ca). Read his Citizen blog documenting his travels in Europe in search of green ideas (ottawacitizen.com/ecovoyager), and watch for future articles in the Citizen.

© The Ottawa Citizen 2008

Ottawa Citizen
Sunday, April 13, 2008, p. A12

I’ll begin with a confession: I’ve been blowing by historical landmarks and bypassing tourist attractions in Europe in search of bikestands. Let me explain. I recently tagged along to Lyon, France, with my wife, a professor of linguistics. While she was in lecture halls, I spent my time filming trams and photographing bicycles. But not just any kind of bicycle. I was on the hunt for the Velo’v, one of the roughly 3,000 bikes that can be found 24/7 at 345 stations in the city of 1.7 million.

The name is a French/English pun — as in “love your bike” or “a bicycle to love.” (What can I say? I’m married to a linguist.) For almost three years, tens of thousands in the city have been learning to do just that.

The great thing about the Velo’v, according to the many Lyon riders with whom I spoke — students and older white-collar workers — is that you can use it when and how it is most convenient for you. All you need do is sign out the bike at the kiosk at each station, putting a deposit of about $240 on a credit card, or by swiping your annual membership card. The first half-hour of each ride is free. Since most rides are shorter than that, few riders pay the city more than $10 per year.

I had assumed I’d have to search for the bikes. But within seconds of parting from my wife at the lecture hall, I was in standing in front of a Velo’v stand. For 30 minutes I watched students and professors roll in on bikes obtained at another Velo’v location farther away.

It was a comical scene: Cyclists pulled in only to discover the station was full. And so it remained. Bikes had outstripped parking spots! So just like impatient motorists, cyclists circled in search of a place to “check in” their wheels.

Cyclocity, the company that runs the city’s program, is working on the problem. They’re setting up digital displays that inform riders if a kiosk is full (or empty) and identify the next closest parking spots. The company is also working to increase the number of spaces at universities, train stations and tram interchanges.

Getting more people pedalling makes for fitter citizens, cleaner air, quieter and more vibrant streets, and lower costs to the taxpayer — benefits experienced in cities with similar systems, such as Berlin, Strasbourg and, since last year, Paris.

It’s not all been easy coasting, of course. The system has been troubled by theft and vandalism, but still the concept is gaining momentum.

The public bikes are part of an urban revival movement in Lyon committed to effective public transit, carfree shopping sectors, reserved bike lanes, advance traffic lights and the opening of waterfront parks and trails such as those that line the Rhone River.

In Lyon, car traffic declined by four per cent in the first two years of the bike program. And in Copenhagen, there’s been a 20 per cent decline in accidents since promoting bike initiatives. There have been spinoff benefits for bicycle stores in Lyon: As cycling becomes more popular, more people are buying their own velos.

What makes Lyon’s bike venture such a success is that it does not treat the bike as an “all or nothing” mode of transport. Many users travel part way by train, tram, foot or car before hopping on a bicycle to finish their journey.

These are not slick racing machines, nor are they one-speed clunkers. The Velo’v model was selected and customized to be as versatile and comfortable — and safe — for as many people as possible. The upright, sturdy bikes come with soft and adjustable seats, a carrying basket, five speeds, a large fender and chain guard, and front and rear lights. There’s no high crossbar, so the rider can comfortably wear a skirt, dress, long coat … whatever. No need for lycra!

It’s odd that the idea of riding a bike around the city may be old fashioned to some. But rather than being an anachronism, it’s time has clearly come again. As the legions of Lyon riders showed me, the city bike may just be one of those things that never truly goes out of fashion.

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1. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without LLP’s express prior approval, you shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Services. Any conduct by you that in LLP’s discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted.
2. The Services contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, images, video, graphics, music and sound, and the contents of the Services are copyrighted under Canadian copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of LLP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
3. You shall not e-mail, upload, post or otherwise make available on the Services any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to LLP’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of LLP throughout the universe. By submitting material to LLP, you automatically grant, or warrant that the owner of such material has expressly granted LLP the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by LLP and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that LLP shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. You grant LLP the right to edit, copy, display, publish and distribute any materials made available on the Services by you.
4. The foregoing provisions of Section 3 are for the benefit of LLP, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Disclaimer of Warranty; Limitation of Liability.

1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER LLP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
2. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT LLP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL LLP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

5. Monitoring. LLP shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. LLP does not have an obligation to review posted material on the Services, and LLP cannot assure that the material will either be appropriate or appropriately expressed. LLP cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of LLP and cannot be disputed. Without limiting the foregoing, LLP shall have the right to remove any material that LLP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification. You agree to defend, indemnify and hold harmless LLP and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.

7. Third Party Content. LLP is not a publisher of content supplied by third parties and users of the Services. Accordingly, LLP has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of LLP. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. LLP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized LLP employee spokespersons while acting in their official capacities.

8. Viruses. LLP also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

9. Changed Terms. LLP has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

10. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Canada and the Province of Ontario without regard to its conflicts of law principles. No waiver by LLP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

11. Links. The Services incorporate links to other Web sites. LLP does not in any way endorse, nor is it responsible for, the content on those other Web sites.

12. Copyrights and Copyright Agent. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide LLP the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LLP to locate the material;
4. Information reasonably sufficient to permit LLP to contact you;
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.