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Terms of Use

Introduction and Acceptance

Welcome to the Cities for People (“C4P”) website located at http://www.citiesforpeople.ca/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website. By visiting and / or using the Website, you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

C4P is owned and operated by the The J.W. McConnell Family Foundation (“McConnell Foundation”), a Federally-incorporated not-for-profit national organization in Canada. Where the present TOU refers to “C4P”, it may refer to C4P (and / or its agents or representatives) or the McConnell Foundation (and / or its officers, directors, employees, agents or representatives) or both, depending on the context.

The TOU were last modified on March 24, 2014. C4P reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.

If you have any questions about the TOU, please contact:

info@mcconnellfoundation.ca

or

The J.W. McConnell Family Foundation
1002 Sherbrooke Street West
Suite 1800
Montreal, QC
H3A 3L6

General Code of Conduct for Use of the Website

By visiting and / or using the Website, you agree to:

  1. Not use the Website in any manner that in any way violates these TOU;
  2. Not use the Website in any manner that violates any intellectual property rights of any third party;
  3. Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to C4P or a third party, or to damage or obtain unauthorized access to any system, data, password or other information of C4P, other C4P users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by C4P in its sole discretion) an unreasonable or disproportionately large load on C4P’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures C4P may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
  6. Use the Website in compliance with all applicable local, state / provincial, national, and international laws.

Accounts and Logged-in Users

The Website is interactive, meaning that you may participate in various activities on the Website, and in fact are encouraged to do so. In order to access some of these activities, you are required to create an account. Accounts are free, and are available to anyone who provides a valid email address. When creating an account, you will be asked to create a username and password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. If you have created an account and are logged-in to the Website using your username and password, you may be referred to in the present TOU or the Privacy Policy as a “Logged-in User”.

It is strongly suggested if you are a Logged-in User that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. C4P, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages resulting from your failure to logout at the end of the session, an unattended logged-in session, or a third party using the Website with your account information by accessing your account through any other means, and disclaims any responsibility in this regard.

C4P reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU.

Logged-in User Content Submissions

As a Logged-in User, you have the ability to upload stories or resources (collectively “User Content”) to the Website. All User Content is reviewed by C4P moderators prior to it being available to other Website users. C4P reserves the right, at its sole absolute discretion, to accept or reject any User Content for any reason, including but not limited to whether the User Content violates the letter or spirit of the TOU.

When you submit User Content, you acknowledge the following:

  1. All submitted User Content does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any story submitted is your own original work, or work for which you have been granted a valid license to reproduce. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize C4P to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) and have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU;
  2. You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to C4P, you hereby grant C4P a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, reproduce, distribute, display, and perform and otherwise fully exploit the User Content in connection with the Website and C4P 's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You understand and agree that C4P may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
  3. You also hereby waive any moral rights you may have in your User Content and grant other users of the Website a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these TOU;
  4. The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable;
  5. You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous;
  6. You will not provide links to any third party website that is a spam or phishing website, any website that sells goods or services not related to the activities or themes of C4P, or any website that may violate any applicable law.

C4P, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission of User Content and disclaims any responsibility in this regard.

Where you are accessing or downloading User Content of another C4P Logged-in User, you acknowledge that any use of User Content accessed or downloaded by you while using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and C4P disclaims any responsibility in this regard.

If you as a Website user believe that a Logged-in User has posted User Content that violates these TOU, please contact us so that we may conduct an inquiry. Alternatively, you may use the “Report” function available on pages that display User Content. C4P retains absolute discretion whether to remove User Content or take any other action pursuant to your report.

Logged-in User Comments and Conversations

As a Logged-in User, you may post comments on blog posts and stories. These comments are moderated, and C4P reserves the right, at its absolute discretion, to accept or reject any comment, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU.

As a Logged-in User, you may post comments on your profile page or comment on other Logged-in Users profile page comments (hereinafter “Conversations”). Conversations are unmoderated. However, C4P reserves the right, at its absolute discretion, to delete any comment, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU.

Without limiting the generality of the foregoing, comments or conversations may be rejected or removed if the comment or conversation is threatening, abusive, harassing, defamatory, libelous, fraudulent, or invasive of another’s privacy.

If you as a Website user believe that a Logged-in User has posted a comment or conversation that violates these TOU, please contact us so that we may conduct an inquiry. C4P retains absolute discretion as to whether to remove any comment or conversation or take any other action pursuant to your report.

External Links

From time to time C4P or Logged-in Users may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. C4P provides those links as a convenience to you and C4P takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. C4P does not make any claim or warranty whatsoever about the content of those websites or services to which we or other Logged-n Users link, or any products or services available through those third parties.

In no way will C4P be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, logos, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to C4P, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of C4P, or as permitted by the functionality of the Website. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and C4P may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code.

For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, C4P shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

Termination of the Website

You agree that C4P, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if C4P believes that you have acted inconsistently with the letter or spirit of the TOU.

C4P may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that the C4P shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from C4P’s termination of the Website or any part thereof.

All provisions of these TOU which by their nature should survive termination shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity and limitations of liability.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website, the information thereon (whether provided by C4P or third parties), or any activity arising from the use of the Website or the information thereon is at your sole risk. The Website, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or damages (financial or otherwise) resulting from your use of the Website, the information thereon, or any activity arising from the use of the Website or the information thereon.

The information or resources provided through the Website written by C4P staff, freelance writers or other subcontractors (whether paid or voluntary) is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and C4P shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.

C4P expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. C4P, and its directors, employees, agents, suppliers, partners and subcontractors (whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements.

Limitation Of Liability

You expressly understand and agree that C4P and / or its partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, or the third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by C4P, their affiliates, business partners, agents or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by C4P or its agents or subcontractors (whether paid or voluntary), you agree to indemnify, defend and hold harmless C4P and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.

Governing Laws and Jurisdiction

Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and C4P shall be brought exclusively in the courts located in the judicial district of Montreal, Quebec, Canada.

Miscellaneous Provisions

  1. The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and C4P with respect to your use of the Website, superseding any prior agreements between you and C4P.
  2. C4P shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond C4P’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
  3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy as the case may be, shall remain in full force and effect.
  4. The parties acknowledge having expressly required that the TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique relative à la protection des renseignements personnels soient rédigées en anglais. In case of discrepancy between the English and French versions of either document, you agree that the English language version shall be the controlling version.
  5. The section titles in the TOU and Privacy are for convenience only and have no legal or contractual effect.

 

© McConnell Foundation 2014