PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS APPLICATION.
This Winthehumanrace.ca website and blog (the “Application“) is owned and operated by the Corporation of the City of Mississauga (“City”). These terms and conditions of use (“Application Terms“) apply to your use of the Application, and do not alter in any way the terms or conditions of any other agreement between you and City, its subsidiaries or affiliates. By using this Application, you represent, warrant and covenant that you are of the legal age of majority and are lawfully able to accept these Application Terms. If you are under the age of 18, your parent or legal guardian accepts and agrees to the Application Terms.
You agree that you may not interfere with the security of, or otherwise abuse this Application or any system resources, services or networks connected to or accessible through this Application. You agree that you may only use this Application for lawful and moral purposes.
You acknowledge and agree that these terms and conditions of use are supported by reasonable and valuable consideration, including your use of the Application, the receipt and adequacy of which are hereby acknowledged.
Please refer to “THE CITY OF MISSISSAUGA’S WEB PRIVACY STATEMENT” at http://www.mississauga.ca/portal/helpfeedback/privacy.
The Application and its Contents
You agree that all of the content featured or displayed on this Application constitutes part of the Application, including, but not limited to, information, text, graphics, art-work, images and illustrations, data, photographic images, moving images, sound, illustrations, software, tools, applications provided through the Application and the selection, organization and arrangement thereof, is owned by or licensed to City.
You agree that the Application is the property of or licensed to City and is protected by intellectual property laws and regulations including relating to copyrights, trade-marks, trade-names, internet domain names, and other proprietary rights.
Use of the Application
You agree that the Application may only be used for your own, non-commercial home-use, personal or private educational purposes, provided that the Application is not modified and that copyright and other intellectual property notices are not interfered with, altered, obscured, added to, or deleted. You may not commercially exploit the Application in any way. City reserves the absolute right to revoke such authorization at any time without prior notice to you, and any use by you shall be discontinued immediately upon such revocation from City.
You agree not to use this Application for any purpose not related to your personal interest in the Application. You are specifically prohibited from: (a) modifying, downloading, copying, altering, decompiling, reverse engineering, creating derivative works from, translating or transmitting any or all of the Application without, or in violation of, a written license or agreement with City; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating, duplicating or otherwise displaying the Application by using framing or similar navigational technology (whether by Phishing or otherwise); (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Application product or service if you are not expressly authorized by such party to do so; and (e) using this Application, including any of the features, tools and services on this Application, for any reason whatsoever other than for its intended purpose, including to communicate with City, to upload onto this Application, or otherwise transmit to or through this Application, any materials, content or images that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening content which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Recency and accuracy of Information
City updates the information on the Application from time to time. However, you agree that City does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Application.
City may revise and update these Application Terms at any time and without notice. You agree to review the Application Terms posted on the Application periodically. Your continued access or use of, this Application, after any such changes are posted on this Application will constitute your acceptance of those changes.
Compliance with Laws
You represent, warrant and covenant that in accessing and using the Application you shall comply with all applicable laws, rules, regulations and by-laws of Canada or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of data from Canada or the country in which you reside. You represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that City is prohibited from communicating with and you agree that you shall not access this Application from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.
Links to other Websites
You acknowledge and agree that City makes no representation, warranty, covenant, or claim regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites or services or products offered through such websites, accessible by hyperlink from the Application, or websites linking to the Application. Such websites are not under the control of City and City is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. City provides these links to third-party websites to you only as a convenience and you agree that the inclusion of any link to a third party website does not imply affiliation, endorsement or adoption by City of any such website or any information contained therein. When you leave the Application, you acknowledge and confirm that our terms and policies do not govern your access to, and use of, other websites. You agree to accept our recommendations that you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application.
You agree that City shall not be responsible or liable, directly or indirectly, for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, or otherwise) to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. You agree that City shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Warranty and Disclaimer
YOU AGREE AND ACCEPT THAT CITY DENIES AND DISCLAIMS ANY AND ALL LIABILITY CONCERNING THIS APPLICATION, AND YOUR USE OF THIS APPLICATION. FURTHERMORE, YOU AGREE AND ACCEPT THAT: THIS APPLICATION, AND ALL OF ITS OPERATIONS, SHALL NOT BE ERROR FREE OR UNINTERRUPTED; THE APPLICATION SHALL NOT NECESSARILY MEET YOUR REQUIREMENTS; THE APPLICATION NOT NECESSARILY BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; AND THE APPLICATION IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR COVENANTS OF ANY KIND.
Exclusion of Liability and Release
BY ENTERING THIS APPLICATION YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OF, AND USE OF THIS APPLICATION IS AT YOUR OWN RISK AND THAT CITY, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS APPLICATION (“CITY PARTIES“) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY DIRECT, THIRD PARTY, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, DETRIMENTAL RELIANCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE CITY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR BROWSING OF, RELIANCE ON, USE OF, INABILITY TO USE THIS APPLICATION.
YOU HEREBY AGREE TO IRREVOCABLY RELEASE THE CITY PARTIES FROM ALL SUCH LIABILITY, AND YOU WAIVE ALL RIGHTS WITH RESPECT TO ANY CLAIM AND COMPENSATION IN CONNECTION THEREWITH , EXCEPT TO THE EXTENT THAT SUCH EXCLUSION OF LIABILITY AND RELEASE ARE HELD TO BE LEGALLY INVALID BY LAW OR A COURT OF COMPETENT JURISDICTION. YOU AGREE AND CONFIRM THAT THIS EXCLUSION ON LIABILITY IS FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the City Parties against any claims, damages, loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers’ fees) arising out of or in any way related to your access to and use of this Application, including any materials (or other content) that you post, store or otherwise transmit on or through the Application, your conduct, your use or inability to use the Application, your breach or alleged breach of the Application Terms or of any representation, covenant or warranty contained herein, your unauthorized use of the Application, or your violation of any rights of any other person.
Submission of Information
By using this Application, you agree that any information such as suggestions, ideas, or comments you post or send to City: (1) is non-confidential; and (2) you have the right or consents to do. Furthermore, by submitting any solicited or unsolicited information using this Application, you grant City an irrevocable, royalty-free and unrestricted worldwide license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
You are responsible for the suggestions, ideas, or comments that you submit to City and you agree to defend, indemnify and hold City harmless for any and all claims related to you submission.
This Application is controlled, operated and administered by City in the Province of Ontario, Canada. This Application can be accessed from jurisdictions outside the province of Ontario and other countries in the world other Canada. You hereby acknowledge and agree that your access and use of this Application is deemed to have occurred in the Province of Ontario and that your activities concerning this Application have a real and substantial connection with the Province of Ontario and that all matters relating to your access and use of this Application shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles), and excluding the body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods if applicable. You hereby submit and attorn to the non-exclusive jurisdiction of the courts in the Province of Ontario and the applicable federal court of Canada and that such venue is the most appropriate and convenient concerning your use of this Application.
If City is obligated to go to court, to enforce any of its rights, or to collect any fees, you agree to reimburse City for its legal fees, costs and disbursements if City is successful.
If any clause in these Application Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. If any provision or part thereof of these Application Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. In the event that an enforceable replacement for such provision cannot be reached, you agree that (i) such provision shall be excluded from these Application Terms, (ii) the balance of these Application Terms shall be interpreted as if such provision were so excluded and (iii) the balance of these Application Terms shall be enforceable in accordance with the terms as interpreted in accordance with (ii) above mentioned.
You agree that any waiver of any provision of the Application Terms shall only be effective if in writing and signed by City. City’s failure to insist upon or enforce strict performance of any provision of these Application Terms shall not be construed as a waiver of any provision or right.
For more information, or if you have questions or concerns concerning the Application, please contact: Aaron Newell
By email at: firstname.lastname@example.org