Last Revised: June 4, 2015
Welcome to 150ALLIANCE.CA, an online community network focused solely on collaboration around the celebration of Canada’s 150th birthday. 150ALLIANCE.CA is governed by the Communities Foundation of Canada, a not for profit organization located in Ottawa, Ontario, Canada.
By using the 150ALLIANCE.CA site or sites powered by 150ALLIANCE.CA, you agree, without limitation or qualification, to be bound by and to comply with this Agreement.
Please read this Agreement in its entirety.
Registration and access
- You represent and warrant that: (i) your use of 150ALLIANCE.CA will not violate any applicable Canadian law or regulation; and (ii) you have the capacity to enter into a legal agreement in the province, or country in which you reside.
- CA includes a public area, a members-only area and restricted workspaces.
- Access to the public area of 150ALLIANCE.CA requires your acceptance of this Agreement without qualification as signified by your use of 150ALLIANCE.CA. If you do not agree with any term or condition of this Agreement, do not use 150ALLIANCE.CA.
- To access the members-only area of 150ALLIANCE.CA you are required to: (i) register with 150Alliance.ca ; and (ii) confirm your acceptance of this Agreement by placing a checkmark in the “I AGREE” box on the registration page and logging in by entering your username and password. If you disagree with any term or condition of this Agreement, do NOT place a checkmark in the “I AGREE” box, do NOT attempt to log in, discontinue using 150ALLIANCE.CA and instruct 150ALLIANCE.CA to disable any username and password assigned to you.
- To access any restricted work space you must be able to access the members-only area of 150ALLIANCE.CA and be one of the individuals for whom that restricted workspace was created or be invited by that group to access their workspace. You may be required to agree to additional terms and conditions as well.
- To register with 150ALLIANCE.CA, please complete the online registration form. Upon successfully registering, you will be given a username and a password that you can use to access the members-only area of 150ALLIANCE.CA. In registering, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it current, and advise 150ALLIANCE.CA of the updated information.
- You are fully responsible for all activities conducted under your username and password. You must ensure that no unauthorized access to 150ALLIANCE.CA is obtained through your username and password and take all necessary steps to keep them confidential. You shall inform 150ALLIANCE.CA immediately if you have any reason to believe that your password has become known to or been used by any other person.
- CA may change your username or password at any time, for security reasons, and will notify you when it does so.
- CA reserves the right to communicate with you regarding your use of 150ALLIANCE.CA. You consent to 150ALLIANCE.CA’s use of any contact information that you provide to 150ALLIANCE.CA in doing so.
Use of 150ALLIANCE.CA
- You may use 150ALLIANCE.CA for your own personal use, and to collaborate with others in the celebration of Canada’s 150thbirthday, in a manner that respects other users, and 150ALLIANCE.CA. You will not use 150ALLIANCE.CA for any commercial purpose.
- You agree that you will not use 150ALLIANCE.CA to:
- collect or store information about any individual, user or member for commercial or unlawful purposes;
- impersonate any person or entity, including, but not limited to, a 150ALLIANCE.CA official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- either directly or indirectly transmit any unsolicited bulk email or unsolicited commercial email or otherwise violate 150ALLIANCE.CA’s Anti-Spam Policy;
- interfere with, disrupt or damage 150ALLIANCE.CA or servers or networks connected to 150ALLIANCE.CA, or disobey any requirements, procedures, policies or regulations of networks connected to 150ALLIANCE.CA;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, and any regulations having the force of law; or
- access 150ALLIANCE.CA after your account or access has been suspended or terminated by 150ALLIANCE.CA.
- CA may use filtering technology or other measures in its efforts to stop unsolicited bulk email and unsolicited commercial email. If your use of 150ALLIANCE.CA includes email or messaging services, then such filtering technology or other measures may block, either temporarily or permanently, some messages sent to you through 150ALLIANCE.CA, even if such email does not violate the Anti-Spam Policy. 150ALLIANCE.CA assumes no liability for the blocking of such transmissions.
- You agree not to use any crawler, spider, bot or other program that simulates human activity to automatically extract any Content (see definition in section 4.1) accessible on or via 150ALLIANCE.CA.
- You acknowledge and agree that your activities and involvement relating to all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are your sole responsibility. This means that you, and not 150ALLIANCE.CA, are fully responsible for all Content that you post, transmit or otherwise make available on or via 150ALLIANCE.CA. You represent, warrant and covenant that you have now and that you will continue to have all necessary rights and authority to grant any licences in or to such Content and that such Content will not infringe any proprietary right of any third party, nor will it contain any libellous, defamatory, offensive or scandalous material of any kind.
- The Content included in any alert or other communication from 150ALLIANCE.CA to you is deemed Content available on 150ALLIANCE.CA.
- CA reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on 150ALLIANCE.CA at any time, without notice and without liability.
- Please maintain back-up copies of any Content that you make available or accessible through 150ALLIANCE.CA. 150ALLIANCE.CA will not provide you with a copy of that Content in any event including, but not limited to, its deletion by 150ALLIANCE.CA or the suspension or termination of your right to access the portion of the 150ALLIANCE.CA site where it was posted. 150ALLIANCE.CA is not responsible for Content that is lost or destroyed on 150ALLIANCE.CA.
- CA does not control the Content that users, members or third parties post, transmit, or otherwise make available on or via 150ALLIANCE.CA or through any links available on 150ALLIANCE.CA. As such, 150ALLIANCE.CA does not guarantee the accuracy, integrity or quality of such Content. Before using or relying on any Content available on or via 150ALLIANCE.CA please take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.
- CA does not pre-screen Content that users, members or third parties post, transmit or otherwise make available on or via 150ALLIANCE.CA, although 150ALLIANCE.CA reserves the right to do so. 150ALLIANCE.CA does not guarantee that any screening that it opts to do will be done to your satisfaction or that any screening will be done at all. You acknowledge and agree that by using 150ALLIANCE.CA, you may be exposed to Content that is offensive or otherwise objectionable to you.
- Without limiting sections 6 and 7 of this Agreement, under no circumstances will 150ALLIANCE.CA be liable in any way for any Content that users, members or third parties post, transmit or otherwise make available on or via 150ALLIANCE.CA, including, but not limited to, for any errors or omissions in any such Content, any misattribution of such Content, or any loss or damage of any kind incurred as a result of the use of such Content. You agree to indemnify and hereby indemnify and save 150ALLIANCE.CA harmless from and against any and all liability, claims, causes of action, suits, demands, judgments, and costs brought by any third parties against 150ALLIANCE.CA as a result of your posting of any Content on the 150ALLIANCE.CA site.
- You agree that you will not use 150ALLIANCE.CA to upload, post, email, otherwise transmit, or post links to any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially offensive, sexually explicit, ethnically offensive, or otherwise objectionable;
- promotes illegal activity including, without limitation, the provision of instructions for illegal activity;
- you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, trade secrets (“Rights”) of any party, or contributing to inducing or facilitating such infringement; or
- is offensive to the spirit and nature of 150ALLIANCE.CA or this Agreement.
- Without first obtaining the written authorization of the owner of any Content made available on or via 150ALLIANCE.CA, you agree not to:
- post such Content on any publicly available web site or otherwise disseminate such Content otherwise than as permitted by law; or
- create derivative works based on such Content or any methodology apparent in it.
- CA reserves the right to monitor some, all, or no areas of 150ALLIANCE.CA and any electronic messages or other communications made using or over 150ALLIANCE.CA from time to time to verify adherence to this Agreement or any other rules, code of conduct or guidelines posted by 150ALLIANCE.CA or as required by law.
- From time to time, 150ALLIANCE.CA in its sole discretion may make certain software available to you through IGLOO (the “IGLOO Software”). All IGLOO Software will be clearly identified as being provided by IGLOO, and if you are not required to agree to the terms and conditions of a licence agreement from IGLOO specific to that IGLOO Software before being permitted to download it, then your use of that IGLOO Software is subject to the terms and conditions of this Agreement, and you may use that IGLOO Software solely in connection with 150ALLIANCE.CA.
- CA is provided “as is,” with no warranties or conditions whatsoever.
- CA expressly disclaims all express, implied, and statutory warranties or conditions, including, without limitation, the warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement of rights and those arising through course of dealing, usage or trade.
- Without limiting sections 6.1 and 6.2, 150ALLIANCE.CA does not warrant that 150ALLIANCE.CA:
- will be available online at all times;
- will operate without errors;
- will be accessible regardless of the hardware or software that you wish to employ to access it;
- is absolutely secure, notwithstanding 150ALLIANCE.CA’s use of commercially reasonable efforts to secure it; or
- is free from viruses or other harmful code, notwithstanding 150ALLIANCE.CA’s use of commercially reasonable efforts to identify and eliminate such code.
- Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation, 150ALLIANCE.CA’s total liability to you in connection with any breach of such a warranty shall be subject to section 7.
Limitation of Liability
- In no event shall 150ALLIANCE.CA, its representatives or suppliers, be liable for any special, incidental, consequential, exemplary or indirect damages resulting from or arising in connection with 150ALLIANCE.CA or this Agreement, including without limitation, loss of revenues, the incapacity or inability to reach any objective, or the loss of data or of computer time use, even if 150ALLIANCE.CA has been advised of the possibility of such damages by you or any other person.
- In no event shall 150ALLIANCE.CA be liable to you or any person on account of your or that person’s use or misuse of and reliance on 150ALLIANCE.CA or the content or other materials accessible on or via 150ALLIANCE.CA.
- In no event shall 150ALLIANCE.CA be liable to you or any person with respect to damages incurred by reason of any services or goods received through or advertised on 150ALLIANCE.CA or received through any links provided in 150ALLIANCE.CA.
- The limitations in section 7.1, 7.2, 7.3 and 7.4 shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach of this Agreement.
- Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation, 150ALLIANCE.CA’s total liability to you in connection with any incidental, special or consequential damages shall be subject to the limitations set out in section 7.4.
Intellectual property rights
- Except as expressly provided herein, you are not granted any Rights in or to the Content available on or via 150ALLIANCE.CA. All such Rights remain with 150ALLIANCE.CA (including its representatives and suppliers) and the copyright owners.
- You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of 150ALLIANCE.CA, any IGLOO Software or any software or technology used in connection with 150ALLIANCE.CA.
- All marks that are used throughout the 150ALLIANCE.CA site either belong to IGLOO, 150ALLIANCE.CA, or the respective owners of such marks, and are protected by law. Any use of any of the marks appearing throughout the 150ALLIANCE.CA site without the express written consent or license of 150ALLIANCE.CA or the owner of the mark, as appropriate, is strictly prohibited.
- It is the policy of 150ALLIANCE.CA to investigate and respond to claims of intellectual property infringement.
8.5 Upon receipt of any notice from a copyright owner alleging infringing material posted by you on the 150ALLIANCE.CA site, 150ALLIANCE.CA will forward the notice to you pursuant to the Copyright Modernization Act , advise the copyright owner that 150ALLIANCE.CA has done so, and retain a copy of the notice sent for our file. You agree to take down the allegedly infringing material, in circumstances where it is infringing, and advise 150ALLIANCE.CA of the take down or removal, forthwith thereafter. In circumstances where you are of the opinion that the allegedly infringing material does not infringe and that you are not prepared to take it down or remove it from the site, you agree to notify 150ALLIANCE.CA forthwith about your refusal to do so, and the reasons therefor.
8.6 Notices of claimed infringement should be directed to:
Community Foundations of Canada / Fondations communautaires du Canada
75 Albert Street, Suite 301
Ottawa, Ontario K1P 5E7
Please put “Notice of Infringement” in the subject line of all such notifications and include in each such notice a reasonable description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.
Indemnity and Release
- You agree to indemnify 150ALLIANCE.CA (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or relating to your use or misuse of the 150ALLIANCE.CA site, or from any person’s use of any account or password you maintain for any areas of 150ALLIANCE.CA, regardless of whether such use is authorized by you, or from any breach of any of the representations, warranties or agreements made by you hereunder. You also hereby agree to release 150ALLIANCE.CA and its representatives and suppliers from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to any disputes on the 150ALLIANCE.CA site. You hereby agree to waive all laws that may limit the efficacy of such releases.
- CA reserves the right to modify this Agreement from time to time, for any reason. When such changes occur, you will see the word “Updated” next to the link to this Agreement on the introductory page of 150ALLIANCE.CA for a period of at least thirty (30) days. Additionally, the date when this Agreement was last updated will appear near the top of any page within 150ALLIANCE.CA on which this Agreement is displayed. Please review this Agreement from time to time so you will be apprised of any changes. After any change to this Agreement 150ALLIANCE.CA may, but is not obliged to, ask you to actively confirm your consent to the revised Agreement. If 150ALLIANCE.CA does not do so but you continue to use 150ALLIANCE.CA after the changes come into effect, you will be deemed to have agreed to abide by the revised Agreement. If you do not agree with the revised Agreement without qualification, discontinue using the 150ALLIANCE.CA site and, if applicable, instruct 150ALLIANCE.CA to disable any password assigned to you.
- CA reserves the right, in its sole discretion, to change or modify the 150ALLIANCE.CA site from time to time including but not limited to adding or removing functionality or features or changing its name.
150ALLIANCE.CA Community Manager
Community Foundations of Canada / Fondations communautaires du Canada
75 Albert Street, Suite 301
Ottawa, Ontario K1P 5E7
- Entire Agreement. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal personal representatives, successors, and permitted assigns.
- Should any provision of this Agreement be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
- No waiver of any part of this Agreement will be deemed to be a waiver of any other provision in this Agreement. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing and signed by the party waiving enforcement.
- 150ALLIANCE.CA may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of 150ALLIANCE.CA.
- Independent Contractors.CA and you are independent contractors and this Agreement does not create any relationship of partnership, joint venture, employment, franchise or agency between 150ALLIANCE.CA and you. Neither 150ALLIANCE.CA nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in this Agreement.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to conflict of laws provisions. You agree to attorn to the sole and exclusive jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, this Agreement.
- Term and Termination. This Agreement shall continue in effect for as long as you use 150ALLIANCE.CA, unless specifically terminated earlier by 150ALLIANCE.CA. All provisions of this Agreement that impose obligations continuing in their nature shall survive termination or expiration of this Agreement including but not limited to sections 1.4, 1.5, 2.1, 2.2, 4, 6, 7, 8, 9, 10 and 12.
- Any notice or other significant communication given to you pursuant to this Agreement shall be in writing, addressed to any email address or address that you provided to 150ALLIANCE.CA when registering and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to 150ALLIANCE.CA pursuant to this Agreement shall be in writing and sent to 150ALLIANCE.CA at the address listed on 150ALLIANCE.CA in the “Contact Us” section of that site by fax or nationally recognized courier. Notices shall be deemed to have been received as follows:
|Delivered||Deemed to Have Been Received|
|On the business day following transmission|
|Fax||On the business day following a confirmed transmission|
|Nationally Recognized Overnight Courier||On the business day following deposit with the courier|
- The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.