These Terms apply to all visitors, users, and others who access or use the Website or submit, post or upload User Content (as hereinafter defined). Please read these Terms carefully before using the Website or submitting, posting or uploading User Content. If you continue to use this Website or if you submit, post or upload User Content, you are agreeing to comply with and be legally bound by these Terms.
These Terms are subject to change without notice. By continuing to use this Website, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Website will be subject to these Terms.
2. Ownership of Content
All material on this Website, any related registered domains and subdomains, and any other digital medium owned or operated by us, including, without limitation, the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademarks, and logos used therein (collectively, the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified. In addition, the Protected Material is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions. Reproduction of the Protected Material, or any part thereof, is prohibited except with out written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
3. Licence of Your Content
By submitting, posting or uploading User Content, you grant, or warrant that the owner of such materials expressly grants, us and our affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, and to use such content for promotional and marketing purposes. In addition, you warrant that all moral rights in such materials have been waived.
4. Your Representations and Warranties
You agree that you will not submit, post, or upload material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein. By submitting, posting or uploading material to us in any format including, but not limited to, comments, images, photographs, graphics, texts, videos, audio, appearance, trademarks, and logos used therein (collectively, the “User Content”), you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by us and these Terms.
5. Prohibition Against Inappropriate Content
We may, in our sole discretion, permit you to submit, post, or upload User Content. You agree not to submit or use any inappropriate content in relation to this Website. In furtherance of the foregoing, you agree that you will not: (a) Submit, post, or upload falsehoods or misrepresentations that could damage us, our users, or any third party; (b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliate with a person or entity; (c) Submit, post, or upload material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (d) Submit, post, or upload advertisements or solicitations of business; (e) Collect or store personal data about other users without their express consent; or (f) Submit, post, or upload material that contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website. User Content will be moderated following submission. We reserve the right to edit in whole or in part, remove, or not publish any User Content submitted to us without prior notice. When you submit User Content, we may authorize such content to b distributed or syndicated to or published on other print or digital medium owned or operated by us.
6. Opinions Expressed on Website
Opinions and other statements expressed by users and third parties (including, but not limited to, bloggers and feature contributors) are theirs alone, and do not represent our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us. You acknowledge that by providing you with the ability to view and distribute User Content through the Website, we are not undertaking any obligation or liability relating to the User Content. We do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, or materials at any time in our sole discretion.
7. Accuracy of Information
The information contained in this Website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purposes. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements. Any reliance you place on such information is strictly at your own risk. None of the material on the Website is to be taken as advice of any kind.
8. No Representations or Warranties
This Website is made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding this Website. For greater certainty, we do not represent nor warrant that the use of this Website will satisfy your purposes nor that use of this Website will be uninterrupted or free of inaccuracies.
9. International Use
We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access this site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
10. Third Party Websites
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
11. Limited Liability
We take no responsibility for, and will not be liable for, any error or inaccuracies in any content or the Website being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of this Website. We reserve the right at any time and from time to time to modify, discontinue, or otherwise make available, temporarily or permanently, the Website, or any part thereof, with or without notice and solely at our discretion. We will not be liable to you or any third party for any loss or damage relating to such modification, discontinuance, or unavailability of the Website. Any claim against us shall be limited to the amount you paid, if any, for use of the Website.
12. Changes to the Services and Fees
In connection with any purchase of services or materials from this Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on this Website or the services being offered in this Website. We also reserve the right to change any fees and initiate any new fees in connection with the Website or services being offered.
13. Compliance with Intellectual Property Laws
You agree to abide by all laws, including intellectual property laws, when you use the Website. You will be solely responsible for breaching any laws in association with your use of the Website.
14. Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, to delete any User Content, and to disclose any of your information as necessary. Unauthorized use of this Website may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law. In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
You agree to indemnify and hold harmless Hartington Holdings Inc. and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of this Website, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you shall provide us with such cooperation as is reasonably requested by us.
These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision shall be deemed to be severable.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
The laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of Alberta, Canada.
If you have any questions or concerns about our Terms, please contact us in writing at firstname.lastname@example.org.