Community Forum Agreement
User Terms of Service
SCCC Community Forum Agreement
This Forum Agreement (the “Agreement”) and its terms (the “Terms”) provides important information about your use of the Community Forum site (the “Forum Site”), and is an agreement between you and Scadding Court Community Centre. (“SCCC”) that governs your access to and use of any materials, content or services provided through the Forum Site located at [ ] and as may be made available from time to time.
At any time, SCCC may change, add, or remove any part of this Agreement or any part of the services and features provided at the Forum Site. If it does so, SCCC will update the Agreement at SCCC.com/legal/community-forum-agreement (and may also post such changes elsewhere on the Forum Site). You are responsible for regularly reviewing the Forum Site to obtain timely notice of such amendments.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT (AND ITS AMENDMENTS FROM TIME TO TIME) AND ACCESS OR USE THE FORUM SITE, YOU MUST ACCEPT THIS AGREEMENT AS PRESENTED TO YOU, WITHOUT CHANGES. BY ACCEPTING THIS AGREEMENT AND BY CONTINUING TO ACCESS OR USE THE FORUM SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE FORUM SITE, OR ACCEPT OR AGREE TO THESE TERMS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE FORUM SITE.
PLEASE READ THESE TERMS IN THE AGREEMENT CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE FORUM SITE. YOUR CONTINUED ACCESS OR USE OF THE FORUM SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
- As long as you comply with the Agreement, and subject to the Terms herein, SCCC grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Forum Site exclusively for the following transitory, non-commercial purposes:
- submit content on to the Forum Site (the “Submissions”);
- connect and communicate with other users who have access to the Forum Site through the Forum Site;
- create your profile through setting up an account identifying you as a user (an on the Forum Site (an “Account”);
- access Submissions from other users of the Forum Site;
- connect and communicate with us through the Forum Site; and
- access Our Content and Third Party Content as presented on the Forum Site,
provided that with respect to any materials obtained from the Forum Site, you may not:
- modify, copy, reproduce or create derivative works of such materials, except as explicitly provided;
- use the materials for any commercial purpose;
- distribute or transmit the materials;
- publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
- create derivative works from, transfer, or sell any materials;
- attempt to decompile or reverse engineer any software or database contained in or access through the Website;
- remove any copyright or other proprietary notations;
- In addition to the Terms in this Agreement, all access and use of the Forum Site is governed by the AWS.com Terms of Service (“AWS Terms of Service”) set forth at https://aws.amazon.com/service-terms/, which are specifically incorporated herein. In the event of any conflict between this Agreement and the AWS Terms of Service, then this Agreement will govern.
- All capitalized definitions used in the AWS Terms of Service will have the same meaning in this Agreement, unless otherwise specified in this Agreement. The definition of “Services” from the AWS Terms of Service will now additionally and expressly include use of the Forum Site.
- In connection with your Account, 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. To submit any information to the Forum Site, you must create a unique user name and profile for your Account. To submit Your Content, you must be logged in using your existing login and password. It is in your best interest to keep your personal information private and not share your home address, place of work or other potentially unsafe information that may cause harm. SCCC will not be held liable if you choose to share your personal information.
- You must not register for an Account on behalf of any individual other than yourself (except if you are the parent or legal guardian of such individual), or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
- You agree to immediately notify us 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 (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
- You agree to provide true, current, accurate and complete customer information as requested by us or our agents 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.
- We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Forum Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Forum Site in a manner consistent with these terms in the Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Forum Site.
The Forum Site is intended solely for users who are 16 years of age or older, and any registration, use or access to the Forum Site by anyone under 16 is unauthorized, unlicensed, and in violation of these Terms in the Agreement. We may terminate your Account, delete any content or information that you have posted on or through the Forum Site, and/or prohibit you from using or accessing the Forum Site (or any portion, aspect or feature of the Forum Site) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if we have any reason to believe that you are under 16.
- In these Terms of the Agreement, “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.
- Our Content. Except where expressly stated otherwise, all right, title and interest in and to the Forum Site and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Forum Site (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Forum Site or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Forum Site as set out herein.
- Third Party Content. Content accessed or available through the Forum Site or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Forum Site or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Forum Site as set out herein.
- Your Content. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Forum Site, including your Submissions (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 Forum Site, whether or not through use or, or associated with, your Account:
- you agree to grant SCCC a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your Content. If Your Content includes any product suggestion or new idea for implementation by in a feature or product by SCCC, you are agreeing that: (i) Your Content will automatically become licensed to and the property of SCCC, without any compensation to you; (ii) SCCC may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way, including implementation in products or services; (iii) there is no obligation for SCCC to review Your Content; and (iv) there is no obligation for SCCC or any of its employees to keep Your Content confidential;
- you will be deemed to have thereby confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above;
- you are fully responsible for Your Content, and you agree to indemnify and save SCCC 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 SCCC relating to or arising from Your Content, including instances where the Your Content infringes any Third Party Content or other third-party intellectual property rights, or is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
- you agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Forum Site to you or others, subject always to your license to us set out above;
If you do not want to grant SCCC the rights set out above, do not send Your Content to the Forum Site.
- You acknowledge and agree that the technical processing and transmission of the Forum Site, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
- Views expressed on the Forum Site as part of any Content aside from Our Content are not endorsed by SCCC.
- SCCC does not pre-screen all Content submitted by users of the Forum Site. SCCC retains the right, but not the responsibility, to edit or remove any of such Content, including those deemed by SCCC to violate the Agreement. SCCC will make good faith efforts to investigate allegations that such Content violate the Agreement but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Content whatsoever.
- You agree that SCCC may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Forum Site and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to provide the Forum Site to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Forum Site by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Forum Site, including your Account, and remove Your Content from our servers.
- SCCC does not provide formal product support on the Forum Site and the Content. SCCC may provide general product or technical information; however, any information that is provided by SCCC or SCCC employees is offered on an “AS IS” basis without warranties of any kind. This disclaimer is in addition to the disclaimers and limitation of liability set forth in the AWS Terms of Service.
Restrictions of Use
- You will only access and use the Forum Site for lawful purposes.
- Code of Conduct for Content. You agree to the abide by the following code of conduct regarding Your Content:
- Stay on topic. SCCC Community Forum is here to help Entrepreneurs connect and collaborate and gain more effective access to resources. Unless otherwise noted, do not add Contents about other topics. Your Content should be within the category identified on the Site. Constructive feedback about product features is welcome as well.
- Be polite and lawful. Everyone should feel comfortable reading the Content and participating in discussions. Do not include in Your Content or user name any material that is libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context, or otherwise that gives rise or may give rise, directly or indirectly, to civil liability, violation of the rights of SCCC or any third party, or criminal offence.
- No polls or petitions. Do not post polls or petitions or links to same.
- No advertising. Do not use the Forum Site to sell or market your products to others unless it directly answers a user’s question. If any portion of Your Content, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, “I may receive some form of compensation, financial or otherwise, from my recommendation or link.”. You are welcome to link your business URL as well as other Social Media platform URLs onto your profile.
- Security. Do not disrupt or threaten the integrity, operation or security of any service, computer or any Internet system in relation to SCCC, the Forum Site, third parties and other users of the Forum Site.
- Sublicensing. Do not sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes or as otherwise permitted by these Terms in this Agreement), any portion of, use of or access to, the Forum Site, except where expressly authorized by us.
- Duty to Report. In the event that you notice a user not complying with the Code of Conduct or Community Forum Agreement you will take on the role of reporting these violations.
- SCCC Takedown and Enforcement. SCCC reserves the right to delete or take down any Content, disable, or take action against any account, at any time, for any reason.
- Reporting Copyright Infringement. If you are a Content owner and believe that other user’s Content infringes your copyright in Your Content, then please report the matter to firstname.lastname@example.org. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Forum Site or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
- We may, in our sole discretion, suspend, restrict or terminate your use of the Forum Site, including your Account, and Your Content, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Forum Site or our or any third party’s equipment or network is impaired by your use of the Forum Site, we have received a third party complaint which relates to your use or misuse of the Forum Site, or you have been or are in breach of any term or condition of this Agreement.
- You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and Your Content, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Forum Site is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.
Disclaimers, Limits of Liability and Indemnities
- Internet-Based Limitations – Your use of the Forum Site depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
- Customer Acknowledgement – You acknowledge and agree that (i) all use of the Forum Site provided by us is at your own risk, (ii) the Content that you may access while using the Forum Site may contain links to other Forum Sites, 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 Forum Sites or the information contained therein, and (iii) all products and services provided under these Terms are provided on an “as is” and “as available” basis.
- Disclaimer of Warranties – We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Forum Site. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
- No Liability – Notwithstanding any other provision of these Terms, in no event will we, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors (collectively in these disclaimers and limitations, “we” or “us”) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms or the Forum Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:
- sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Forum Site;
- any suspension, curtailment, restriction, termination or other limitation placed on your use of the Forum Site, or your Account;
- any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
- any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Forum Site or related components;
- the performance of the Internet or the Forum Site;
- the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Forum Site, including material that infringes the rights of others or otherwise violates laws or regulations; and
- delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.
- Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
- Indemnity By You – You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Forum Site or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
- Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Forum Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
- Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
- Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Terms.
- Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
- Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
- Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Forum Site.
- Entire Agreement – These Terms, as amended from time to time, including any and all documents, Forum Sites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.