Terms of Use

 

Reader is agreeing to the following terms if reader uses this website. Please read these terms and conditions prior to accessing this site.

Binding Agreement

1.    Q Media Solutions Inc. and/or its subsidiaries (“Q Media”) hosts the website, GetInvolved located at https://www.getinvolved.ca (the “Site,”) in Toronto, Ontario, Canada which includes all content (including, but not limited to, all text, images, photographs, illustrations, art work, graphics audio and video clips and computer software) (collectively, “Content”) and related services (“Services”).

2.    User warrants and represents that User has the legal capacity to enter into a binding legal agreement with Q Media either on its own behalf as a volunteer or on behalf of a Qualifying Organization seeking volunteers. “Volunteer(s)” and “Qualifying Organization”, are defined on the Site.

3.    This is a legally binding agreement (“Agreement”) between , User its licensees, licensors, administrators, successors, assigns and legal representatives on the one hand and Q Media. If User does not agree to be bound to these terms and conditions, do not use the Site.

4.    The User may only proceed with the use of this Site by agreeing that the User shall be bound by all of the terms and conditions found in herein. The User’s use of the Site will be its affirmation that it agrees with Q Media to be bound to the terms and conditions found herein and in the Q Media Agreement that the User is required to enter in conjunction with the use of this Site and/or Services.

5.    User agrees to the terms and conditions of the Privacy Policy which is incorporated as a part of this Agreement by reference. The Privacy Policy sets out how Q Media collects and uses any information User submits to Q Media or through the Site or the Services.

Ownership of Web Site and Content

6.    The Content, Site and the Services and all intellectual property associated with respect to the Content, Site and Services are owned and/or controlled by Q Media. Any copying, reproducing, altering, modifying, public performing or displaying, uploading, posting or transmitting of Content other than as permitted herein, is strictly prohibited. User acknowledges that User does not acquire any ownership rights whatsoever in any of the Content or the Services by using the Site or the Services.

7.    User acknowledges and agrees that it has no legal right to any of the Content or Services available on the Site other than as may be explicitly permitted by Q Media. User agrees not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content or Services in any way.

8.    Modification or use of any Content contained on the Site or in the Services is a violation of Q Media’s or third party rights which may include, but is not limited to, copyright, trademarks, licenses, other proprietary rights, and is strictly prohibited.

9.    TVO is an authorized Licensee and equity partner in Getinvolved.ca

User Conduct and Rules of Netiquette

10.    User warrant and represent that User will not:

a.    do anything act which interferes with or slows the operation of the Site or the Services;
b.    post material intended to further commercial ends and/or to promote a business or generate revenue;
c.    post or link to any material that violates the rights of others, be those rights pertain to their privacy, publicity, intellectual property or proprietary rights;
d.    use the Site, Content or Services for any unlawful purpose, including but not limited to the transmission via the Site of any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent or otherwise objectionable or illegal, or which infringes the rights (including but not limited to intellectual property rights) of any person, firm or corporation, including but not limited to such rights of Q Media;
e.    post content that instructs one to commit an unlawful act or which is political or religious in nature, where “political in nature” means: partisan activities related to a specific political party, individual or political campaign and “religious in nature” means activities supporting or promoting specific religious faith, values, beliefs or doctrine.
f.    post content that may contain or trigger a computer virus, Trojan horse, worm, time bomb, junk or chain mail, spam, or comparable computing code;
g.    modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Content or the Services, or the software underlying either of them, or modify any materials downloaded from the Site;
h.    collect information about other users of this Site, including, but not limited to, their email addresses.
i.    post petitions as a volunteer opportunity, post marketing schemes, unsolicited advertising, promotional materials, or other forms of solicitation;

Disclaimer

11.    User expressly agree that the use of the Site and the Services are at User’s sole risk. The Site and the Services are provided on an “as is” and “as available basis”. Q Media provides no assistance including, without limitation, any technical, or custom support.

12.    Q Media makes no warranty that the Site or the Services will meet User’s computer system’s requirements, or that the Site or the Services will be uninterrupted, timely, or free of error or harmful components for whatever cause whatsoever; nor does Q Media make any warranty as the results that maybe obtained from the use of the Site or the Services as to the accuracy or the reliability of any information obtained through the Site or the Services or that defects in the Site or Services will be corrected.

13.    Q Media expressly disclaims all warranties and any kind whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. User understands and agrees that any Content obtained through the use of the Site and/or Services is done at User’s own discretion and risk and that User will be solely responsible for any damage to User’s computer system or loss of data that may result from such Content.

14.    Without limiting the generality of the foregoing, Q Media disclaims any warranty that any the Content on the Site on in the Services is appropriate for any particular audience or reader, or that such Content is free of offensive, indecent, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent or otherwise objectionable or illegal. User acknowledge that Q Media does not and cannot review and monitor Content in the Site or in the Services and User hereby agree that Q Media shall have no liability for any damages or costs that may arise from the publication or User’s viewing, reading or exposure to any of the Content.

15.    The Site and the Services may contain links to third party sites. Those third party sites are not under the control of Q Media and Q Media is not responsible for the content on any such site. If User accesses a third party site from the Site, then User do so at User’s own risk. The inclusion of the link does not imply that Q Media endorses or accepts any responsibility for the content on those third party sites.

16.    Q Media makes no warranty regarding any goods or services purchased or obtained through the Site or the Services or any transactions entered into through the Service or by way of the Services.  No advise or information, whether oral or written , obtained by User from Q Media or through the Site or the Services shall create any warranty not expressly made herein.

Limitation of Liability

17.    User agrees that Q Media is not responsible or liable for any damage, whether indirect, incidental, consequential, special, exemplary, punitive, or otherwise howsoever arising including but not limited to by way of contract, negligence, strict liability, or otherwise arising out of or relating in any way to the Content, Site or the Services.  Should a court of competent jurisdiction determine otherwise, User agrees, in such case that User’s  sole remedy for any damage allegedly the responsibility of Q Media shall be to discontinue to use the Site and the Services and the repayment to User by Q Media, of any payment by User to Q Media, for the use of the Site and/or Services.

Reservation of Rights

18.    While Q Media reserves the right to monitor content posted to this site, it is under no positive duty to do so. Notwithstanding the foregoing, Q Media may remove content which it deems, in its sole discretion, to be inappropriate according to the User Conduct and Rules of Netiquette (paragraph 10 herein) and/or to suspend or terminate any session or posting which unduly taxes its information technology infrastructure. Q Media reserves the right to disclose the details of any posting to law enforcement authorities where such disclosure may be legally required, to alter any feature of this site and to make use of visitor/user submissions as described below.

Submissions

19.    This site contains an interactive component which enable visitors/users to post comments and information, hereinafter referred to as Submission(s).User hereby grants Q Media a royalty-free, perpetual, unrestricted, irrevocable and worldwide license to use, copy, publicly perform or display, transmit or distribute, translate, adapt and create derivative works from any Submission(s) that User provide as well as the right to sublicense any or all such rights to third parties.

20.    User waives all moral rights in User’s Submission(s) in favour of Q Media, and acknowledge that there is no expectation of confidentiality vis-a-vis User’s Submission(s). As such, User consents to Q Media identifying User as the contributor of the Submission(s).

Indemnification

21.    User shall indemnify, fully discharge and forever hold Q Media, its directors, officers, employees and agents harmless from:

a.    all liabilities, claims, and expenses, including attorneys’ fees that arise from User’s breach of any term, representation or warranty or from the use or misuse of the Site, Content or the Services as set out in this Agreement (or any other agreement entered into by User and Q Media modifying this Agreement);
b.    User’s violations of the law or illegal conduct as manifested by Userr Submission(s);
c.    User’s access or inability to access the Site or the entirety of its features;
d.    any loss of data User may sustain as a result of User’s accessing the Site, and/or
e.    User’s reliance on any posting contained herein.

22.    The Bell Broadcast and New Media Fund takes no responsibility for the accuracy of validity of any claims or statements contained in the documents, content, goods or related graphics on this website. Further, the Bell Broadcast and New Media Fund makes no representations about the suitability of any of the information contained in the documents, content, goods and related graphics of the website for any purpose. All such materials are provided without warranty of any kind. In no event shall the Bell Broadcast and New Media Fund be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from this website.

23.    The Get Matched tool (“Tool”) by Manulife Financial is being offered for User’s convenience. Manulife Financial is not responsible for the content or information displayed on the Site, or for User’s use of the Tool, nor does Manulife Financial endorse or represent any of the volunteers, organizations, volunteer opportunities, video or content appearing on the entirety of Getinvolved.ca site.

Governing Law

This Agreement, the API Agreement, the Privacy Policy and any other agreement between User and Q Media shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law rules.