1. Acceptance of Terms
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. TFCC may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. Acceptable Use
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) upload, download, post, submit, provide or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
(a) infringes any patent, trade-mark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(b) you know is false, misleading, untruthful or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
(d) constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
(e) contains software viruses or any other computer codes, 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 or to damage or obtain unauthorized access to any system, data, password or other information of TFCC or any third party;
(f) impersonates any person or entity, including any employee or representative of TFCC; or
(g) would thereby render all or any part of any investment or donation made hereunder non-receiptable by a registered charity under applicable law; nor shall you take any other action that causes any of the foregoing.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by TFCC in its sole discretion) an unreasonable or disproportionately large load on TFCC's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures TFCC may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state/provincial, national and international laws and regulations.
You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. TFCC reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your TFCC password. You shall never use another user's account without such other user's express permission. You will immediately notify TFCC in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
5. Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under TFCC's control, and you acknowledge that TFCC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by TFCC or any association with its operators. You further acknowledge and agree that TFCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
6. Content and License
You agree that the Service contains Content specifically provided by TFCC or its partners and that such Content may be protected by copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws in Canada and elsewhere. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
7. Third Party Intellectual Property — Copyright Notifications
TFCC respects the intellectual property of others, and we ask our users to do the same. TFCC may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. TFCC will remove infringing materials in accordance with the applicable laws if properly notified that Content infringes copyright.
Notifying TFCC of Copyright Infringement: To provide TFCC notice of an infringement, you must provide a written communication to the attention of "Copyright Notification Dept." care of email@example.com that sets forth the information reasonably required by TFCC Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse. Please also note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is infringing your copyright.
Providing TFCC with Counter-Notification: If you feel that your material does not constitute infringement, you may provide TFCC with a counter notification by written communication to the attention of "Copyright Notification Dept." at firstname.lastname@example.org that sets forth the information reasonably required by TFCC Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of counsel.
Any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
8. Intellectual Property Rights — Project Organizers & User Submissions
The Service provides you with the ability upload your Content to the Site. As a Project Organizer, you represent and warrant that you have all necessary rights and licenses to submit and upload such Content to the Site, and to make it available in connection with the Service. TFCC will not have any ownership rights in Content submitted by you. However, TFCC needs the following license to perform the Service. You hereby grant to TFCC the worldwide, non-exclusive, royalty-free, right to publish and host the Content that you submit in connection with the Service.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post Content to the Site (collectively, the "User Submissions"). As a user, you represent and warrant that you have all necessary rights and licenses to submit and upload such User Submissions to the Site, and to make it available in connection with the Service. TFCC will not have any ownership rights in such User Submissions. However, TFCC needs the following license to perform the Service. You hereby grant to TFCC the worldwide, non-exclusive, royalty-free, right to publish and host such User Submissions that you submit in connection with the Service.
TFCC does not endorse and has no control over any Content or User Submission. TFCC cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
10. Warranty Disclaimer
TFCC has no special relationship with or fiduciary duty to you. You acknowledge that TFCC has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release TFCC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
TFCC makes no representations concerning any Content contained in or accessed through the Site, and TFCC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TFCC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TFCC MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
TFCC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on TFCC's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
12. Limitation of Liability
IN NO EVENT SHALL TFCC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) OR ONE-HUNDRED CDN DOLLARS ($100.00). SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
14. Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from TFCC all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. TFCC may provide such electronic Contract Notices by posting them on the TFCC Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the TFCC Site and Services.
15. Governing Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to any principles of conflicts of law. You agree that TFCC (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over TFCC or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Province of Alberta, Canada.
You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the provincial or federal courts located in Calgary, Alberta and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
16. Integration and Severability