JA Canada may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide JA Canada notice to remove you from any distribution list or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS. JA Canada may at any time and from time to time modify or discontinue, temporarily or permanently, the Site (or any part of it). JA Canada shall not be liable to any User or other third party for any such modification, suspension or discontinuance. JA Canada may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.
In these Terms, the expression "Submission" means content submitted by our Users, and includes, but is not limited to, any User contributed file, text, images, content, video, communications, opinions, links, software, data, and any other content any User provides to the Site. Users may contribute Submissions in a variety of formats including, but not limited to content upload pages or other methods of file content sharing, message boards, chats (discussion forums) blogs, audio and/or podcasts, video blogs, personal web pages, wiki pages and/or other message or communication facilities designed by JA Canada to enable Users to communicate or share materials with others. You acknowledge that all Submissions, whether publicly posted or privately transmitted, accessible through the Site are the sole responsibility of the person from whom the Submission originated, and YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. You acknowledge that you may be exposed to Submission material that you find offensive or indecent, or for which the underlying rights have not been properly obtained. You acknowledge that JA Canada assumes no responsibility for content posted by third parties which is available through the Site or the Services made available through the Site. You are solely responsible for your use of the Submissions and any disputes you may have with other Users, even though JA Canada may provide a method for Users to advise of a dispute or complaint. Users may include hypertext links in Submissions to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, does not violate the Terms. JA Canada exercises no control whatsoever over such other Sites and web-based resources. JA Canada does not endorse or guarantee the accuracy of any Submission or other content on the Site. You agree that JA Canada is not responsible for the accuracy or availability of any third party content, advertising, promotions, products or other materials accessible through the Site and will not be liable for any damages incurred as a result of the Submission or use of any such content. Clicking on links contained in Submissions is done so at the User's own risk. JA Canada reserves the right to review any Submissions and to remove or refuse to remove or post any Submissions or links within Submissions at its sole discretion.
The Site may contain or reference links to Third Party Sites, Third Party advertising or a variety of Third Party offerings. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product, promotion or any other offering, is not, and does not necessarily imply any affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by JA Canada. If you decide to use a Third Party service, product, promotion or any other offering, you are responsible for reviewing, understanding and accepting the terms and conditions defined by the Third Party (including their privacy policies). You agree that JA Canada, is NOT liable or responsible for the performance of the Third Party service, product, promotion or any other offering, as well as, the information defined in such Third Party relationships as well as your use or inability to use such Third Party offerings.
Reasonable efforts have been made to ensure the information on this Site is as accurate and up-to-date as necessary for the purposes for which it is to be used.. JA Canada makes no representation or warranty of any kind with respect to use of this Site or the information on this Site. Information published may contain references to products, programs or services that are not announced or available in all regions. Such references do not imply that JA Canada intends to make such products, programs or services available in any specific country. Images and all other content contained on the Site that is not specifically offered for download by the Users is the property of JA Canada or its licensees and you agree not to copy, publish, distribute, display or otherwise use such materials other than viewing them on the Site, without the express written permission of JA Canada.
Unless specifically stated otherwise in these Terms, or the additional or alternative Terms associated with a particular Service, all materials, information, Submissions and Services contained on or accessible through this Site may only be downloaded, viewed and printed for personal use or internal circulation within your organization (including educational institutions), and provided that no trade-mark, copyright or other proprietary notices contained in or appearing on such material are removed, modified or obscured. Material, information, Submissions and Services (including software programs) contained on or accessible through this Site may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent and/or your acceptance of the associated end user license agreement, as applicable. All rights not expressly granted in these Terms are reserved, and Users must seek our permission before making any other use (and in particular, any reproduction or use for commercial gain) of material, information, Submissions or Services contained on or through this Site.
Unless specifically otherwise stated in these Terms, your permission to use the Site does not include: any resale or commercial use of the Site or its contents whether provided by JA Canada or any of its Users or third party content providers, or any derivative use of this Site or its contents; or the creation of a competing offering. You agree to not download bulk amounts of content from the Sites, regardless of whether the intent is to use such content for commercial purposes. Unless an express license is granted to you elsewhere in Terms or related features or Services, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, transfer, sell or otherwise exploit any of the content, Submissions, software, products or Services on this site for any commercial purpose. By using the Site, you warrant to JA Canada that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms.. If you violate any of these Terms, without limiting any other remedy available to JA Canada, your permission to use the Site automatically terminates.
By submitting or placing any Submissions on the Site (in any form whatsoever), you are granting JA Canada, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as JA Canada may designate from time to time (which may include any or all Users) a royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name in connection with your Submissions, at JA Canada's option, and waive your moral rights with respect to any such Submission; and the right to sublicense such rights to any User or supplier of the Site. You also waive any moral rights you may have in the Submissions in favor of JA Canada, its licensees and sub-licensees. You acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is submitted to the Site.
By submitting ideas, feedback, comments, testimonials, opinions, suggestions or any other material to the Site, you agree that JA Canada will treat such Submissions as non-confidential, that JA Canada can use such Submissions without any compensation to you or to any other person or entity, and that JA Canada may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such Submissions from you. By placing Submissions on the Site, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Submission. You shall not contribute or edit any Submission, unless:
you have the legal right to submit your Submissions, which includes, without limitation, that you are the author or licensee of any copyrighted content that you provide, and that you are legally permitted to contribute it in accordance with a license or arrangements with your employer or third parties for use consistent with the manner the Submissions will be used as permitted under these Terms;
where the Submissions are photographs, images, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that each person depicted in such Images, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and
you believe that it is correct, non-offensive, and legal and does not infringe any third party rights (including, without limitation, under anti-defamation laws). You acknowledge that JA Canada can refuse to post and can remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
You may not submit Submissions, including forms, software, derivative works of software or property, photos or images, that infringe in any manner on the copyright, trade-mark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Submissions for Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.
You agree not to make Submissions that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, A BREACH OF COPYRIGHT OR DEFAMATORY MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR PERSONAL INFORMATION BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY.
Users may download and use downloadable resources, including JA Canada provided content or User generated Submissions made available on the non-subscription portion of the JA Canada Community ('Content') under the following conditions:
All other provisions of these Terms apply unless in conflict with the terms contained in this section, in which case the terms of this section shall apply. To the extent permitted by our licensors, we grant you a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to the Content, subject to the following conditions and to your contractual agreement to refrain from using any Content beyond the scope of this license:
Your license is limited to non-commercial purposes as described in the Intended Use section above, and, without limiting that restriction, you agree not to download large quantities of Content for commercial or non-commercial redistribution or the creation of a competing offering. You may access, copy, distribute, publish, and otherwise use unmodified Content subject to the condition that you maintain a reference to the original author and/or the JA Canada logo or trademark to the extent the same was contained on the Content.
You may edit modifiable Content and distribute, publish, and otherwise use such modified content, subject to the condition that you retain and conspicuously reproduce attribution to the original creator referred to in the content (typically on the title page or first page of the document). The license granted herein may be terminated by JA Canada immediately and without notice if we determine, in our reasonable discretion, that you are excessively using content published on this Site for commercial purposes (e.g., without limitation, by publishing significant portions of the content on this Site in books or Sites that you make available only for a charge, or by deep-linking to portions of this Site from a commercial Site), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, you shall cease to commercialize or otherwise use any content published on the Site (except content that you contributed yourself, without any edits contributed by others). If you are concerned about such a potential termination, please notify us of any contemplated commercial use of this Site to request our prior written permission, which we may grant or deny at our sole discretion.
IN PARTIAL CONSIDERATION FOR USING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD JA CANADA, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS, MADE BY ANY THIRD PARTY DUE TO / OR ARISING OUT OF YOUR ACCESS OR USE OF THE JA CANADA SITE, OR ANY SUBMISSIONS MADE OR OBTAINED THROUGH THIS SITE.
Users are expected to respect and interact with other Users in the public forums as you would in any public arena and refrain from using offensive, harassing or otherwise inappropriate language in any Submission. You acknowledge that you are responsible for your interaction with other Users. Prohibited and Illegal Activities
Use of the Site for any activity that violates local, provincial, state, national, international law, order or regulation, is a violation of these Terms. In addition, certain other uses of the JA Canada Sites and related Services are prohibited and a violation of these Terms. Illegal and prohibited activities include, but are not limited to:
Posting or making Submissions that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site.
Posting or disseminating material or using the Services made available through the Site or information obtained from the JA Canada Site in a manner that is harassing or advocates harassment of another person including, without limitation, posting or making Submissions that are harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.
Posting or making Submissions that violate copyright or intellectual property rights.
Using the Site for the promotion of illegal conduct, activities or fraudulent schemes. Specifically, you may not advocate illegal conduct, such as pyramid schemes, or other illegal soliciting schemes. Furthermore, you agree to not engage in any illegal activity in connection with your Submissions or post links to other web sites that deal with such illegal activities.
Fraudulent activities including, but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature. Posing as a JA Canada moderator or JA Canada staff is expressly prohibited.
Uploading, transmitting or disseminating files or any other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of the Site, SPONGELAB- JA Canada servers, other computers or property of another.
Using the Site in any manner that could damage, disable, disrupt, overburden, or impair any SPONGELAB - JA Canada server, or the network(s) connected to any SPONGELAB-JA Canada server, or interferes with any other party's use and enjoyment of the Site. Any interference with the computer networking or telecommunications services of any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host through the use of this Site is prohibited.
Gaining or attempting to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any SPONGELAB-JA Canada server through hacking, password mining or any other means. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools are prohibited. Any use of data mining, robots or similar data gathering and extraction tools or processes is prohibited. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Unless expressly permitted by JA Canada, soliciting or promoting (either in your Submissions or in your profile) any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method, unless expressly agreed to by JA Canada. Gathering or attempting to gather public email addresses made public in the registered User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site.
Soliciting, transmitting or promoting "junk mail", "chain letters", surveys, contests or unsolicited mass mailing or spam. You hereby authorize JA Canada to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce these Terms. Should you fail to observe any of the Terms, JA Canada may pursue any or all of its remedies against you including, but not limited to, legal action or injunctive or other equitable relief where appropriate.
If, after investigation, JA Canada has reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, JA Canada may suspend or terminate that registered User's account and prohibit any and all current or future use of the Site (or any portion of it) by that User.
You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account, including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify JA Canada immediately of any unauthorized use of your account or any other breach of security. JA Canada will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by JA Canada or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.
JA Canada has no obligation to monitor Submissions or other materials. However, Site Moderators may monitor the Site's Submissions. Site Moderators do not pre-screen Submissions, monitor on a "real time" basis, or edit Submissions made to the Site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content on the Site. JA Canada reserves the right to manage the Submissions on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, JA Canada may, at its election, designate JA Canada employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Submissions, nor do they edit Submissions. You assume the risk of reading and acting upon information from any Submissions made by a Moderator or other individual within the Site.
Your privilege to use or access the Site and/or Services may be terminated by JA Canada immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that JA Canada reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site or Services. You understand that JA Canada may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to JA Canada.
The Terms are a complete statement of the agreement between you and JA Canada, and set forth the entire liability of JA Canada and your exclusive remedy with respect to your access and use of the Site. The agents and employees of JA Canada are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on JA Canada. Any waiver of the terms herein by JA Canada must be in a writing signed by an authorized officer of JA Canada and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Ontario law and the applicable federal laws of Canada as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice or forum or venue shall be in, the provincial and federal courts of the Province of Ontario, City of Toronto, and such courts will have exclusive jurisdiction. Headings are included for convenience only, and shall not be considered in interpreting these Terms.