TERMS OF SERVICE AGREEMENT
Welcome to the GNBC Member Portal (the “Site”). This Site is owned and operated by the Greater Niagara Boating Club Inc. and includes the following websites: https://gnbc.ca and https://members.gnbc.ca
PLEASE READ THESE TERMS OF SERVICE (the “Terms”) CAREFULLY BEFORE AGREEING AND USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE.
1. YOUR ACCEPTANCE
b) Although the GNBC may attempt to notify you when significant changes are made to these Terms of Service, you should periodically review the most up-to-date version. The GNBC may, in its sole discretion, modify or amend these Terms of Service at any time, and you agree to be bound by such modifications or revisions, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Site will indicate your acceptance of the amended Terms of Site. If you do not agree with any of the amended terms, then you must stop entering and using this Site and avoid any further use of the Site.
a) These Terms of Service apply to all users of the Site, including users who are also contributors of Content on the Site. “Content” includes any materials, videos, sound recordings, compositions, pictures, text, software, scripts, graphics, photos, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. The Site includes all aspects of the GNBC Site, including but not limited to all products, software and services offered via this Site.
b) The Service may include links to third-party websites that are not owned or controlled by the GNBC. The GNBC has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. The GNBC cannot censor or edit the content of any third-party site. By using the Site you expressly relieve The GNBC from any and all liability arising from your use of any third-party website.
3. GNBC MEMBER ACCOUNTS
a) In order to access some features of the Site, you will need to create an account. You must provide complete and accurate information when creating your account. You are solely responsible for the activity that occurs on your account. You must keep your account password secure. Make sure that you change your password frequently and at least once every six months.
b) In addition to your other obligations under these Terms of Service and in consideration of your use of the Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the GNBC registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or the GNBC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the GNBC has the right to suspend or terminate your account and refuse any and all current or future use of the Site, or any portion thereof.
4. GENERAL USE OF THE SERVICE—PERMISSIONS AND RESTRICTIONS
The GNBC hereby grants you the limited right to view and use the Site and the Site as set forth in these Terms of Service, provided that:
a) You agree not to breach the Terms of Service or any other applicable rules and instructions that the GNBC may convey with respect to the use of the Site and not to interfere with or disrupt the functionality of the Service or to circumvent or manipulate the operation, or functionality of the Site; You agree not to distribute any part of the Content in any medium without the GNBC prior written consent;
b) You agree not to post false, inaccurate or misleading content or content which is not compatible with the defined topics, or with the rules of behaviour, in any of the services provided in the Site; Further you agree not to alter or modify any part of the content or of the Site or display the Site or any part thereof in an exposed or concealed frame, or link to elements on the Service, such as images and videos, independently from the web pages on which they originally appear;
c) You agree not to impersonate any person or entity, or make any false statement pertaining to your identity, agency or affiliation with any person or entity;
c) You are of legal age to enter into contracts (you are not a minor). If you are a minor, you hereby represent and warrant that you have obtained the consent of your parent or legal guardian for you to enter this agreement as provided below; you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site;
d) You agree to access content only through your web browser of the Site itself or other explicitly authorized means the GNBC may designate;
e) If you submit Content to the Site then you represent that the Content does not and will not violate any law and the Content does not and will not contain any viruses or other information which may damage or otherwise interfere with our computer systems or data or that of our visitors or other users;
f) As this is a private website closed to the general public, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the operators servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
g) Notwithstanding the foregoing, the GNBC strictly forbids the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The GNBC reserves the right to revoke these exceptions either generally or in specific cases;
h) The GNBC reserves the right to discontinue any aspect of the Service at any time for any given without recourse through its web services provider.
5. USE OF CONTENT
In addition to the stated restrictions above, the following restrictions apply specifically to your use of the Content:
a) The Content and the Site is subject to copyright and other intellectual property rights under the laws of Canada, and trademarks, service marks and logos on the Site are owned by or licensed to the GNBC;
b) Content is provided to you AS IS. You may access Content only for your personal use and consumption as permitted under these Terms of Service. You agree not to download any Content unless permitted to do so by the GNBC. You agree not to copy, reproduce, distribute, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the GNBC. The GNBC reserves all rights not expressly granted in the Site.
c) You agree not to circumvent, disable or in any way interfere with security features of the Site or other features that prevent or restrict use or copying of any Content;
d) You agree that the Content on the Site comes from a variety of sources, and that the GNBC is not responsible for the accuracy or intellectual property rights relating to such Content. You further agree that you may be exposed to Content that is inaccurate and you agree to waive any legal or equitable rights or remedies you have or may have against the GNBC;
e) You agree not to post, submit, disseminate, transmit or otherwise communicate through, or to the Site, or make available any Content on the Site, or when you use the Site or any of the services therein, Content which may reasonably be deemed as: infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks; software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications; encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offences, under the applicable laws; constituting a violation of a person’s right for privacy or right of publicity; prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public; threatening, abusive, harassing, defamatory, libelous vulgar, obscene or racially, ethnically or otherwise objectionable; unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
f) The GNBC may, but is under no duty to review uploaded Content and remove or block access to such Content, or refuse to upload it on the Site, for any reason that the GNBC may consider to be justified in its sole discretion, including but not limited to the following reasons: to prevent misuse of the Service;when the GNBC deems the content to be in breach of the Terms of Service, or an infringement of any applicable law;when your user account is terminated, either by yourself or by the GNBC;when the uploaded Content is allegedly infringing a third party’s rights;
g) The GNBC does not warrant or guarantee that any Content that you wish to upload to the Service will be uploaded or that the GNBC will make such Content available for any period of time.
6. INTELLECTUAL PROPERTY
a) All rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by the GNBC, or owned by a third party and licensed to the GNBC.
Unless expressly permitted in the Terms of Service, you may not copy, distribute, display or perform publicly, sub-license, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
b) You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the GNBC and other providers of the Site.
You must refrain from any action or omission which may dilute, or tarnish the GNBC’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
8. CORRECTION OF ERRORS
The GNBC makes efforts to ensure the reliability of facts and details that the GNBC posts on the Site. However, errors may occur. If you believe that any information that the GNBC posted on the Site is erroneous, please inform the GNBC Secretary through the contact form provided.
9. ACCOUNT TERMINATION
a) If the user is determined to be a repeat infringer, the GNBC will terminate a member’s access to the Site.
b) The GNBC reserves the right to decide what violates these Terms of Service for reasons other than copyright infringement. Notwithstanding any remedies that may be available to the GNBC under any applicable law, the GNBC may at any time, without prior notice and in its sole discretion, temporarily or permanently deny, suspend, or terminate a member’s account for the violation of these Terms of Service, prohibit you from accessing the Site and take technical and legal measures to keep you off the Site, if the GNBC determines in its sole discretion that:
i) you have abused your rights to use the Site; or
ii) you have breached the Terms of Service; or
iii) you have performed any act or omission that violates any applicable law, rules, or regulations; or,you have performed any act or omission which is harmful or likely to be harmful to the GNBC or any other third party, including other users and providers of the Site; oryou conveyed your password to another person; or
iv) you are in debt to the GNBC or to another person with respect to any transactions made on or through the use of the Site.
10. LINKS TO OTHER SITES
The Site contains links to content on other web sites. The GNBC does not operate, or monitor these Services and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website the GNBC does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. The GNBC assumes no responsibility or liability for such third party services or contents, or their availability. This Site may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking the advertisements you may be transferred to a service of an advertiser or receive any other messages, information or offers from the advertiser and from others. The GNBC is not responsible and will not be liable for any of the advertisers’ practices including their privacy practices, or for the content of their services, information, messages or offers.
11. CHANGES IN THE SITE
The GNBC may change the Site’s layout, design or display, as well as the scope and availability of the content and services including therein, without giving any prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the GNBC does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
12. SITE AND SERVICE AVAILABILITY
The availability and functionality of the Site depends on various factors and elements, including software, hardware and communication networks that are either completely or partially provided by third parties. These factors are not fault free. The GNBC does not warrant or guarantee that the Site will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
13. TERMINATION OF OPERATION
The GNBC may, at all times, in its sole discretion, terminate the operation of the Site, or any part thereof, temporarily or permanently. The GNBC may not give any notice prior to the termination of the Site. At any time, the GNBC may block, remove or delete any content from the Site, without maintaining any backup copy. You agree and acknowledge that the GNBC does not assume any responsibility with respect to, or in connection with the termination of the Site’s operations and loss of any data as a result.
14. WARRANTY DISCLAIMER
THIS SITE IS PROVIDED FOR USE AS IS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GNBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE GNBC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE GNBC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE GNBC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE GNBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TH GNBC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the GNBC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of this Site.
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned by you without the GNBC’s prior written consent, but may be assigned by the GNBC without restriction.
These Terms of Service shall be governed by the substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and the GNBC that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Niagara Region. These Terms of Service shall constitute the entire agreement between you and the GNBC If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the GNBC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. The United Nations Convention on Contracts for the international Sale of Goods shall not govern the Terms of Service. YOU AND THE GNBC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: July 28, 2020