Terms of Use

ACCEPTANCE OF TERMS

Please review these Terms of Use carefully if you access or use the www.calgary.ca/rec100 site or Web page (“Site”) provided by The City of Calgary (“The City”) you accept and agree to comply with the following Terms of Use.  If you do not agree with these Terms of Use, you should immediately discontinue any use of this Site. 

LICENCE

The City grants you a limited non-exclusive, non-transferable licence to access and make personal use of the Site for non-commercial use, provided the Site is not modified or downloaded (other than page caching) unless expressly authorized by The City. You will be fully responsible for any consequences resulting from any use. This licence does not include any right for resale or commercial use of the Site or its content. No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site will terminate the licence and all the limited rights or permission granted by The City.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The City owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the Site (collectively the "Contents") except for the Material as defined below.

The Contents on this Site and its compilation is protected by Canadian and international copyright, and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws. This site may be used for non-commercial or personal use only. Copying, repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited.

DESCRIPTION OF SERVICES, PRODUCTS, PRICING AND PAYMENT TERMS

The City has attempted to be as accurate as reasonably possible; however, it does not warrant that descriptions or other Contents of the Site are accurate, complete, reliable, current, or error-free.

You agree to access and use the Site for a non commercial purpose. You will be fully responsible for any consequences resulting from any use.No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site will terminate the licence and all the limited rights or permission granted by The City.

ABILITY TO ACCEPT TERMS OF USE

You agree that you are either more than 18  years of age or possess legal parental or guardian consent and are fully able and competent to enter into these terms, conditions, obligations, representations or warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

SUBMISSIONS AND CONDUCT

You may submit videos, vodeo links, audio content (audio), text, and photographs. Videos, video links, audio, text and photographs are collectively referred to as the “ Material”.  You understand that whether or not such Material is used or published, The City does not guarantee any confidentiality with respect to any Material.

You shall be solely responsible for your own Material and the consequences of providing it for the Site.

You may submit Material for the site, provided the content is not illegal, obscene, defamatory, threatening, an invasion of privacy, objectionable or infringing of intellectual property rights of third parties, and does not consist of or contain software viruses, commercial solicitation or any form of "spam". You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content.

Material that has been submitted for the Site will not be returned.

You retain all ownership rights in your Material. 

By submitting the Material, you grant The City an irrevocable, non-exclusive, royalty free, perpetual , transferable, world-wide licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, promote and display such Material in any media formats and through any media channels.

You irrevocably waive all moral rights to the Material.

You represent and warrant that you own or otherwise control all rights, consents and permissions to use and authorize the City to use any Material posted or submitted in the manner contemplated by this Site and the Terms of Use.

You further agree that you will not submit Material that is copyright protected or otherwise subject to third party proprietary rights including privacy and publicity rights unless you are the owner of such rights and have permission from the rightful owner to post or submit the Material. You acknowledge that you can  grant The City all of the licence rights concerning  all patents, trademarks, trade secrets, copyright or other proprietary rights in and to the  Material and allow  the use of the Material in accordance with these Terms of Use .  The City reserves the right to remove the Material or portions thereof from the Site at any time without prior notice and at its sole discretion and you agree to hold The City harmless in the event of such removal of the Material.

You agree that your Material does not violate these Terms of Use or other City policy and will not cause injury to any person or entity; and that you will indemnify The City for all losses or claims resulting from Material you supply. The City takes no responsibility and assumes no liability for any Material posted by you or any third party. THE CITY RESERVES THE RIGHT TO MONITOR AND EDIT OR REMOVE ANY ACTIVITY OR MATERIAL OR INACTIVATE ANY ACCOUNT THAT APPEARS TO VIOLATE THESE TERMS OF USE.

You acknowledge and represent that you have obtained appropriate written releases from any and all identifiable individuals appearing in the Material and from any all individuals who have provided any content for the Materials. 

You agree to allow your name to appear as the contributor of the Material and where applicable for the disclosure and use of such information in connection with promotional activities of Recreation 2012 Centennial celebrations.

You understand and agree that The City shall have no obligation to copy, publish, display, edit or otherwise use the Material nor shall it be obligated to prevent or have any liability for any un-authorized copying, publishing, displaying or any other use of the Material.

Material submitted to the Site may be posted on and shared on third party sites that the City uses to host or display the Material such third party sites have additional terms of use for its services and will be governed by their own privacy policies. You are encouraged to review those terms and policies.

The City reviews submissions but does not otherwise assume responsibility for the content of any Material submitted. The City cannot publish all submissions; the choice of which Material is selected is at the sole and absolute discretion of The City. The City shall have the sole right to reject or remove Material from City sites at any time.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES AND CONDITIONS

The Contents, products and services are provided in good faith on an "as is" basis and were current at the time of posting for use on the Site.

The City disclaims all warranties or conditions, express or implied, in respect of the Contents, products and services considered by these Terms of Use, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.

THE CITY IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIS SITE.

INDEMNITY

You agree to indemnify, defend and hold harmless The City and its officials, officers, employees and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to your use of the Contents, products or services provided by this Site.

LINKS

Links to third-party Web sites are provided solely as a convenience to you. These other Web sites were independently developed by parties other than The City and The City assumes no responsibility for the accuracy or appropriateness of the information contained in such Web sites. The inclusion of any link to another Web site does not imply an endorsement by The City and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third party Web sites, you do so entirely at your own risk.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray The City, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our Site, policies, Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.

TERMINATION

If you violate these Terms of Use or other policies and guidelines posted on this Site, your permission to use the Content automatically and immediately terminates and you must immediately destroy any copies you have made of the Content. The City reserves all of its rights at law and in equity.

GOVERNING LAW AND JURISDICTION

The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

Contest Rules

To enter the contest and be eligible to win a prize, entrants must be a legal resident of Calgary and the surrounding area.

Entrants must be either more than eighteen (18) years of age at the date of entry or possess legal parental or guardian consent and are fully able and competent to enter into these terms, conditions, obligations, representations or warranties set forth in these contest rules and comply with these contest rules.

Those whose submissions have been selected to be posted to the www.calgary.ca/rec100 web site will be contacted prior to posting. By agreeing to have their submission posted to the Recreation 100 web site, it is understood that the post will also be posted on and shared on third party Sites that the City uses to host or display the material. The contest runs from January 1st, 2012 to December 31st, 2012, opening at 4:00 p.m. MST on Sunday January 1, 2012 and closing on Monday December 31, 2012 at 12:00 a.m. (midnight) MST.

Prizes awarded may not be sold and are not convertible to cash. The City reserves the right to substitute the prize.

No purchase is necessary to enter the contest.

Employees of The City of Calgary and their immediate family members are not eligible to enter the contest or win any prize.

Entrants and prize winners automatically accept these contest rules and release The City of Calgary from any liability with respect to his/her participation in this contest and receipt and use of the prize. The City reserves the right to disqualify an entrant or prize winner in the event the entrant fails or refuses to comply with these contest rules. All entries become the property of The City of Calgary who assume no responsibility for technical, network, online, electronic or computer failures of any kind; misdirected, stolen, incomplete, garbled or delayed internet/email computer transmissions; or traffic congestion.