5. Your Account and Account Use. If your use of the Website requires an account identifying you as a user of the Website (an “Account”), then,
a. Responsibility—you are solely responsible for
i. your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
ii. any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
b. Notification—you agree to immediately notify us, to the extent that you are or become aware, of
i. any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or
ii. any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c. Accuracy—you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
6. Website Limitations. The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
7. Acceptable Use and Prohibitions.
a. Lawful Use. You will ensure that
i. you only use the Website for lawful purposes, and
i. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
a. is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
b. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
c. is defamatory, infringing, or unlawful,
d. is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
e. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or
f. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
g. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
h. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
i. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
j. impersonate or falsely represent your association with any person, including a representative of us;
k. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;
l. disable or circumvent any access control or related process or procedure established with respect to the Website;
m. sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
n. extract, gather, collect, or store personal information about others without their express consent.
o. Our Remedies. Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
a. Content—”Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
i. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content
ii. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law
iii. remove any proprietary notices or labels on or in Our Content, or
iv. allow any other person or entity to engage in any of the foregoing.
d. Your Content—We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transmit to us, or any third party, using the Website (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting your Content to us or any third party using the Website,
f. Your Warranty to Us—You will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to Your Content set out above, and
g. Your Indemnity of Us—You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
h. Advertising—We will have the right, without notice, to insert advertising data into the Website, so long as this does not involve our transmission of any of your personal information in contravention of our Privacy Statement.
i. Public Transmission and Caching—You acknowledge and agree that our management and delivery of the Website to you may involve transmission and storage of Your Content and other Content to select service providers, including cloud service providers, which may be located outside of Canada, and therefore may be subject to the laws and lawful disclosure requirements of the jurisdictions(s) where Your Content and other Content is transmitted or stored. You further acknowledge and agree that Your Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
j. Deletion of Your Content—If you delete the account to which Your Content is connected, or request deletion of your account to which Your Content is connected, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance purposes or to otherwise provide the Website to you or others, in accordance with our retention policy as referenced in our Privacy Statement, and subject always to your license to us set out above.
l. Compliance and Complaints – We do not have any obligation to censor or review any of Your Content, to censor or review any Third-Party Content, or to monitor use of the Website. However, if we receive a complaint relating to use of the Website by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, or remove Your Content from our servers.
a. Customer acknowledgement—you acknowledge and agree that:
(i) all use of the website provided by us is at your own risk;
(ii) the website may contain links to other websites, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or the information contained therein; and
a. by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
b. by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the Director.