Involve Airdrie Terms of Use
Please review these Terms of Use carefully. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DISCONTINUE ANY USE OF THIS SITE IMMEDIATELY AND MAKE NO FURTHER USE OF ITS CONTENT OR FUNCTIONALITY.
The Involve Airdrie online public engagement platform (the “Site”) is owned by Social Pinpoint Inc. (SPP) and is operated by the City of Airdrie (the “City”) and the Site is subject to the following Terms of Use. By accessing the Site, or by using, viewing or providing any information on the Site, you accept and agree to comply with the following Terms of Use and the City’s Privacy Policy. In addition, when using particular services or materials on the Site, responding to questions or completing surveys on the Site, users shall be subject to any posted rules or requirements applicable to such services or materials, which may contain terms and conditions in addition to these Terms of Use. Such rules and requirements are incorporated by reference into these Terms of Use. These Terms of Use are subject to change from time to time without notice and at the sole discretion of the City. Changes to these Terms of Use become effective when they are posted on the Site. You should review these Terms of Use periodically as they will govern your transactions and use and will be binding on you.
You may use the Site only if you are legally able to form a binding contract in Alberta, Canada or in your jurisdiction. If you are accepting the Terms of Use on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.
Permitted Use
You are authorized to provide comments and complete surveys and to view and to download the information available on the Site for informational, educational, and communication purposes only. Permission to use documents available from the Site is granted, provided that:
•Documentation available from the Site is not modified in any way;
•Copyright notice and website link appears in/on all copies, and that both the copyright notice and this permission notice appear; and
•Use of documentation available from the Site is for your non-commercial use only or for the use of your organization’s non-commercial use.
Copyright and Intellectual Property Rights
The City either owns all material on the Site, and all of the intellectual property rights (including copyright) therein, including without limitation all of the underlying HTML code, text, graphics, images, multimedia clips, icons and other content and the selection and compilation thereof (the “Content”) that is made available on the Site, or the City has a licence to use it or has obtained the express written permission of the owner of the intellectual property to use the Content on the Site.
The Content is protected by Canadian and international copyright, trademark, and other intellectual property laws. Unauthorized use of the Content may violate these laws. Copying, repackaging, redistributing or modifying the Content of the Site, in whole or in part, in printed or electronic, or any other format, unless expressly permitted herein or intended through the functionality of the Site, is strictly prohibited. Unless otherwise indicated, all custom graphics, icons, logos, and the City crest and City banner are trademarks or service marks of the City and are subject to intellectual property rights under the laws of Canada and other countries, as applicable. Nothing in these Terms of Use grants you any right or licence to use any intellectual property, including without limitation any trademark, service mark or logo of the City.
Please note that if you send the City any survey data, or any other information or data (collectively, "Submissions") via the Site, the City may not return the Submissions to you. Once submitted, the City shall be entitled to unrestricted, unlimited use of the Submissions for any purpose related to administration of the public engagement by the City.
If you post or submit Submissions or Material (as hereinafter defined) on or to the Site, you grant to the City an irrevocable, non-exclusive, unrestricted, royalty-free, transferable, sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, and create derivative works from, any such Submissions and Material worldwide. You irrevocably waive all moral rights to such Submissions and Material. You represent and warrant that you are able to grant the rights expressed above, and own or otherwise control all rights to any Submissions and Material you post or submit, and that the Submissions and Material do not violate these Terms of Use or any other City policy and will not cause injury to or infringe the rights of any person or entity.
You agree that you will indemnify the City for all losses or claims resulting from the Submissions or Material you post or submit to the Site.
Licence
The City grants to you a limited non-exclusive, non-transferable licence to access, view and display on your computer, and print and use all Content made available to you on the Site for personal, non-commercial use or an organization’s non-commercial use, except as limited pursuant to these Terms of Use, and subject to any specific restrictions as may be provided for certain of the Content. Except for a single copy made by you for personal non-commercial use only, on which copy you will display the copyright notice and these Terms of Use, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or other Content from the Site in any form or by any means without first obtaining the written consent of the City. You will be fully responsible for any consequences resulting from your access, viewing or use of the Site.
As a condition of the above licence grant, you agree:
(a) not to disrupt, interrupt or attempt to interrupt the operation of the Site in any way;
(b) not to change or delete any proprietary notice from Content downloaded from the Site;
(c) to comply with all trademark, copyright and other laws worldwide in your use of the Site, and to prevent any unauthorized copying of the materials and information contained on the Site;
(d) not to upload any content except as expressly permitted in these Terms of Use, nor to upload computer code of any type, to the Site; and
(e) that you will not use the Site or the Content in an unlawful manner, or in any manner that infringes any rights of the City or any other person or organization.
The City does not warrant or represent that your use of the Content displayed on or obtained through the Site will not infringe the rights, including without limitation the intellectual property rights, of third parties.
This licence does not include any right of resale or commercial use of the Site, the Content or any part thereof. No derivative use of the Site or the Content or any use of data mining, robots, data-gathering, extraction tools, or any similar computer program or software is permitted. You agree not to bypass, disable or otherwise interfere with any part of the Site, directly or indirectly, in a manner not intended or authorized by the City.
You agree that you are not entitled to remuneration or compensation of any kind from the City for your use of the Site.
Site Policies, Modification, Discontinuation and Severability
The City reserves the right, in its sole discretion, to discontinue the Site, and make changes to the Site, its policies, the Content and these Terms of Use and provide and require any additional terms at any time without notice to you. The City will not be liable to you or any third party should the City exercise these rights. These changes or additional terms are effective immediately upon their posting on the Site. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms of Use. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of access, viewing or use.
Accounts
The Site may provide functionality by which you may create a user account for the purpose of providing feedback, posting comments and allowing the City to contact you. When creating your user account, you must provide true, accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account login credentials, password, and other such private information, as applicable, strictly confidential and secure. Your account is personal to you and may not be transferred to any other person. You must notify the City immediately in writing of any breach of security or unauthorized use of your account and you may never use another person's user account without their permission. If you authorize the use of your user account by another person, you assume responsibility for their use and any fees or charges incurred in connection with their use.
Privacy and Collection of Information
The City recognizes that the privacy and confidentiality of personal information is important. The City has developed a Privacy Policy that outlines how the City collects, retains, uses and discloses personal information obtained through the Site.
By registering for a user account on the Site, you consent to the City communicating with you via the contact information you provide. This communication may involve information provided by you which you may consider to be personal or confidential. The information you submit in the creation and operation of accounts will be dealt with in accordance with the City's Privacy Policy and applicable law.
The City does not collect personal information through the Site unless such information is provided to the City by you when you provide it by:
(a) completing a survey;
(b) posting on a public portion of the Site; or
(c) by setting up a user account.
The City will only use such personal information for the purposes of responding to your email or other questions or otherwise in accordance with the City’s Privacy Policy.
Before you provide to the City, or submit to the Site, any Submissions or Material, you must obtain consent to disclose any other individual’s “personal information”, as that term is defined in the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 [“FOIP Act”], contained in the Submissions or Material. If you do not first obtain an individual’s consent for disclosure of that person’s personal information, the City will not be liable for damages from the release of personal information which was provided by you.
You should also be aware that anonymous technical information may be collected by the City as a result of your visit to the Site. For example, this information may include your IP address, browser type, operating system, domain name, access times and referring website addresses. The City may use this anonymous technical information for purposes such as improving the operation and content of the Site, and compiling aggregate and statistical information.
If the City collects such anonymous technical information, the City will not attempt to link or match the anonymous technical information it collects with any personally-identifiable information, unless:
(a) your consent is provided, or implied or deemed in accordance with applicable law;
(b) the City (or its service providers) have detected or reasonably suspect any attempt to damage the Site or other security breach; or
(c) the City is required by law to do so.
Description of the Site
The City does not warrant that the Content on the Site is current, accurate, complete, reliable or error-free. Terms and availability of the public engagement information on the Site and related documents are subject to change at any time without notice.
Participation in Online Discussion Groups, Comments & Other Communications
The Site may provide functionality by which you may post, submit or otherwise communicate comments, suggestions, ideas, questions or other Submissions ("Material") to the City by email, comment submission form, message board or otherwise. You agree that you will not post, submit or otherwise communicate Material that is or contains content that is illegal, abusive, harassing, obscene, defamatory, libelous, threatening, deceptive, invasive of privacy, objectionable or infringing of intellectual property rights of the City or other parties, or consisting of or containing malicious software, viruses, commercial solicitation or any form of "spam". You must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Material. You agree that you will not violate (or attempt to violate) the security of the Site by hacking, cracking, mail bombing, mounting a denial of service attack, breaching of etiquette, or any other similar malicious, careless or negligent conduct.
The City takes no responsibility and assumes no liability for any Material posted on the Site by you or by any third party. Any personal information that you voluntarily post to a public area of the Site might be collected and used by others. The City cannot prevent nor is it responsible for such uses by third parties. The City does not endorse nor assume any liability for the contents of any Material submitted to the Site by third party users. The City generally does not screen, monitor or edit the content of Material posted by you or others. SPP monitors the Site for inappropriate comments, on the City’s behalf, and you can view the SPP Monitoring Policy. However, the City reserves the right, in its discretion, to remove any Content, Submissions or Material that, in the sole and absolute discretion of the City, does not comply with these Terms of Use or is otherwise unlawful, harmful, objectionable or inaccurate. The City is not responsible for any failure or delay in removing any such Content, Submissions or Material.
Incorrect Information
The Content, materials and information contained on the Site may contain inaccuracies and/or typographical errors. The City does not warrant the accuracy or completeness of the Content, materials or other information displayed or distributed through the Site. You acknowledge that any reliance on this information shall be at your sole risk. The City reserves the right, at its sole discretion, to make corrections or changes to any portion of the Site without notice.
Limitation of Liability, Disclaimer of Warranties and Conditions
The Site Content and Site operation are provided on an "as is" and "as available" basis. The City cannot guarantee and does not promise any specific results from use of the Site. You agree that your use of the Site, the services, any downloading from the Site and any posting of Submissions or Materials, shall be at your sole discretion and risk. In particular, the City makes no representations or warranties with respect to the accuracy, adequacy, completeness, or currency of any Content on the Site nor does it represent or warrant that any element of the Site is free from any computer virus or other malicious programming, is non-infringing of any third party’s rights (including any intellectual property rights), is free from any errors, defects or service interruptions, or is secure. You are responsible for implementing sufficient safeguards and procedures to satisfy your requirements for the security and safety of your systems. By accessing the Site, you assume total responsibility and risk for the use of its Content.
To the full extent permitted under law, the City of Airdrie and its members of Council, directors, officers, employees, representatives and agents (the "City Parties") disclaim all warranties or conditions, express or implied, in respect of the Content, Materials and Site operation or programs considered by these Terms of Use, including without limitation, implied warranties and conditions of accuracy, completeness, merchantability and fitness for any particular purpose or non-infringement. The City does not warrant, endorse, guarantee, or assume responsibility for any linked websites, and the City will not be a party to or in any way be responsible for monitoring any transaction between you and third parties. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.
In no circumstance shall the City be responsible to you or to any third party for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind, or any damages or losses whatsoever and howsoever arising, including without limitation, those resulting from loss of use, data, revenue, income, goodwill, profits, or other intangible losses or damages caused by theft, unauthorized access, system failure, or communications line failure, or any misuse, inability to use or misinterpretation of, or any errors, interruptions or cessation in, or the downloading of, any Content, products or services provided by or on the Site, or any other matters arising out of or in connection with the Site, even if the City has been advised of the possibility of such damages. Any losses arising from errors in the use of, or unauthorized or malicious use of, accounts shall not be the responsibility of the City. The City shall not be liable for user Submissions, Material or information or the defamatory, offensive, or illegal conduct of any third party; the risk of harm or damage from the foregoing rests entirely with you.
The City has no special relationship with or fiduciary duty to you. You acknowledge that the City has no control over, and no duty to take any action regarding: which users gains 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 the City from all liability for you having acquired or not acquired content through the Site.
Release and Indemnity
You agree to release and indemnify, defend and hold harmless the City Parties from and against any liability, demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees and disbursements on a solicitor and his own client full indemnity basis, relating in any way to your use or misuse of the Site, Content, Materials, Submissions, or Site operation or programs, including without limitation any intellectual property or privacy right, and any violation of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your access to and use of the Site.
Termination
If you violate any of these Terms of Use or any other polices or guidelines posted on the Site, you agree that the City may, in its sole discretion, terminate or suspend your limited rights of permission to use all or any parts of the Site, the Content, and any other programs, provided on the Site immediately, and you must immediately destroy any copies you have made of the Content. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities. The City reserves all of its rights at law and in equity. The City will not be liable to you or to any third party for any termination of your access to or use of the Site. In addition, you acknowledge that the City will cooperate fully with investigations of violations of systems or network security at other sites, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that the City may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such files or the Site. The City shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the City in connection with such termination or suspension.
Site Monitoring
The City reserves the right to monitor and audit your use of the Site and the Content, including where Site traffic originated from, its subsequent destination, as well as history of use of the Site and pages within the larger Site. This may involve the logging of Internet Protocol (IP) addresses or other such forms of non-personal information. The City collects and uses this information in accordance with the City's Privacy Policy. Please see the City's Privacy Policy for more information regarding these practices. SPP also monitors the Site, for inappropriate comments, on the City’s behalf.
Links
The Site may contain links to third-party websites, which are provided solely as a convenience to you. The City assumes no responsibility for the content, completeness, accuracy or appropriateness of the information, nor is it responsible for the privacy practices or terms of use of such websites. The inclusion of a link to another website does not imply approval, endorsement, or affiliation of the City to the linked website, such third party, or any of its products or services. Should you decide to access a linked third-party website, you do so at your own risk.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Site, so long as the link does not portray the City, or any of the City Parties, or the Site Content, products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of the City as part of the link without first obtaining the express written permission of the City in each instance.
Governing Law and Jurisdiction
In your access, viewing and use of the Site and Content on the Site, you agree to comply with all applicable laws in your jurisdiction and in Alberta and Canada, including but not limited to, privacy and intellectual property laws. If you take legal action relating to these Terms of Use, you irrevocably agree to only take such action within the Judicial District of Calgary, Alberta, and you irrevocably submit and consent to the exclusive jurisdiction and venue of the courts of the Judicial District of Calgary, Alberta, Canada for this purpose. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
Entire Agreement
Unless otherwise provided herein, these Terms of Use constitute the entire agreement and understanding between you and the City concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and the City. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
Miscellaneous
Unless a shorter limitation period applies, any cause of action brought by you against the City must be instituted within two years after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. The City may freely assign its rights and obligations under these Terms of Use.
Any failure by the City to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that or any other right or provision.
Request for Permission/Further Information
Any use beyond the uses permitted by these Terms of Use requires the express, advance written permission of the City in each instance. The City may require that certain conditions are met in order to obtain permission, including but not limited to an additional licence agreement to which a licence fee may apply. Contact the City’s Corporate Communications at corporate.communications@airdrie.ca for further information.
Severability
In the event any provision(s) of these Terms of Use is deemed to be invalid, void, or for any reason, unenforceable, such provision(s) will be deemed to be severable and will not affect the validity and enforceability of any remaining provisions.
