Terms & Conditions for Submission
1. Your Acceptance
1. By using and/or visiting this website (collectively, including all content and functionality available through the Edmontonstories.ca domain name, the "Edmonton Stories Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) The City of Edmonton’s Edmonton Stories privacy notice, found at http://www.edmontonstories.ca/privacy-policy and incorporated here by reference, all of which constitute this Agreement. If you do not agree to any of these terms or the Edmonton Stories privacy notice, please do not use the Edmonton Stories Website.
2. Although The City of Edmonton (“we”, or “Edmonton Stories”) may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.edmontonstories.ca/terms-and-conditions). The City of Edmonton may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Edmonton Stories Website
1. These Terms of Service apply to all users of the Edmonton Stories Website, including users who are also contributors of written, visual or audio information, and other materials or services on the Website. The Edmonton Stories Website includes but is not limited to all products, software and services offered via the website.
2. The Edmonton Stories Website may contain links to third party websites that are not owned or controlled by Edmonton Stories. Edmonton Stories has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Edmonton Stories will not and cannot censor or edit the content of any third-party site. By using the Edmonton Stories Website, you expressly release Edmonton Stories from any and all liability arising from your use of any third-party website, whether caused by the negligence of Edmonton Stories or otherwise.
3. General Use of the Website—Permissions and Restrictions
Edmonton Stories hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Edmonton Stories prior written authorization. For authorization, contact:
City of Edmonton
Strategic Advisor, Sustainable Development
Email: [email protected]
Deputy City Manager's Office, the City of Edmonton
3rd Floor, City Hall
Sir Winston Churchill Square
2. You agree not to alter or modify any part of the Website or any of its related technologies.
3. You agree not to access User Submissions (defined below) or Edmonton Stories Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Edmonton Stories may designate.
4. You agree not to use the Website for any commercial use, without the prior written authorization of Edmonton Stories. Prohibited commercial uses include any of the following actions taken without Edmonton Stories's express approval:
o sale of access to the Website or its related services on another website;
o use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
o the sale of advertising, on the Edmonton Stories Website or any third-party website, targeted to the content of specific User Submissions or Edmonton Stories Content; and
o any use of the Website or its related services that Edmonton Stories finds, in its sole discretion, to use Edmonton Stories’ resources or User Submissions with the effect of competing with or displacing the market for Edmonton Stories, Edmonton Stories Content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
5. Prohibited commercial uses do not include
o any use that Edmonton Stories expressly authorizes in writing.
6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Edmonton Stories 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. Notwithstanding the foregoing, Edmonton Stories grants 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. Edmonton Stories reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
8. Edmonton Stories reserves the right to discontinue any aspect of the Edmonton Stories Website at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Edmonton Stories Website.
1. The content on the Edmonton Stories Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Edmonton Stories, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Edmonton Stories reserves all rights not expressly granted in and to the Website and the Content.
2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Edmonton Stories Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Edmonton Stories on the Edmonton Stories Website for that User Submission.
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Edmonton Stories Website. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Edmonton Stories Website or otherwise as prohibited under this Agreement.
4. You may access Edmonton Stories Content, User Submissions and other content only as permitted under this Agreement. Edmonton Stories reserves all rights not expressly granted in and to the Edmonton Stories Content and the Edmonton Stories Website.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, or any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Edmonton Stories Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Edmonton Stories Website or the Content therein.
7. You understand that when using the Edmonton Stories Website, you will be exposed to User Submissions from a variety of sources, and that Edmonton Stories is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Edmonton Stories with respect thereto, and agree to indemnify and hold Edmonton Stories and all of its servants, agents, employees, contractors, licensors and those persons for whom it is at law responsible, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5. Your User Submissions and Conduct
1. As an Edmonton Stories content contributor you may submit video content ("User Videos"), audio content (“User Audio”) and textual content (“User Stories” and "User Comments"). User Videos, User Audios, User Stories, and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Edmonton Stories does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Edmonton Stories to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Edmonton Stories, you hereby grant Edmonton Stories a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Edmonton Stories Website and Edmonton Stories's (and affiliates') business, including without limitation for promoting and redistributing part or all of the Edmonton Stories Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Edmonton Stories Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree that Edmonton Stories may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret 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 Edmonton Stories and all users of the Edmonton Stories Website all of the license rights granted as set out herein.
5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Edmonton Stories’s mandate, found at http://www.edmontonstories.ca/about., which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Further submission guidelines may be found in Edmonton Stories’s Submission Process, found at http://www.edmontonstories.ca/submission-process.
6. Edmonton Stories does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Edmonton Stories expressly disclaims any and all liability in connection with User Submissions. Edmonton Stories does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Edmonton Stories will remove all Content and User Submissions if properly notified and satisfied that such Content or User Submission infringes on another's intellectual property rights.
7. Edmonton Stories reserves the right to remove Content and any User Submissions or portions thereof from the Edmonton Stories Website at any time, without prior notice and at its sole discretion, and you agree to hold Edmonton Stories harmless in the event of such removal of Content or User Submission.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Edmonton Stories WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EDMONTON STORIES, ITS SERVANTS, EMPLOYEES, CONTRACTORS , AGENTS, AND THOSE FOR WHOM EDMONTON STORIES IS AT LAW RESPONSIBLE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE CITY OF EDMONTON 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 EDMONTON STORIES WEBSITE. EDMONTON STORIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EDMONTON STORIES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EDMONTON STORIES 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.
7. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL EDMONTON STORIES ITS SERVANTS, EMPLOYEES, CONTRACTORS, AGENTS, OR PERSONS FOR WHOM IT IS AT LAW RESPONSIBLE 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 WEBSITE, (III) REMOVAL FROM THE WEBSITE OF ANY CONTENT OR USER SUBMISSION, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VII) 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 EDMONTON STORIES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT YOUR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT EDMONTON STORIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by The City of Edmonton from its facilities in Canada. Edmonton Stories makes no representations that the Edmonton Stories Website is appropriate or available for use in other locations. Those who access or use the Edmonton Stories Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold harmless Edmonton Stories, its servants, employees, contractors, agents, and those for whom it is at law responsible from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including all legal fees arising from: (i) your use of and access to the Edmonton Stories Website; (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 one of your User Submissions caused damage to a third party. This indemnification obligation will survive these Terms of Service and your use of the Edmonton Stories Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edmonton Stories without restriction.
You agree that: (i) the Edmonton Stories Website shall be deemed solely based in Edmonton Alberta; and (ii) the Edmonton Stories Website shall be deemed a passive website that does not give rise to personal jurisdiction over Edmonton Stories, either specific or general, in jurisdictions other than Alberta. These Terms of Service shall be governed by the substantive laws of the Province of Alberta, without respect to its conflict of laws principles. Any claim or dispute between you and Edmonton Stories that arises in whole or in part from your use of the Edmonton Stories Website shall be decided exclusively by a court of competent jurisdiction located in Alberta, Canada. These Terms of Service, together with the privacy notice at http://www.edmontonstories.ca/privacy-policy and any other legal notices published by Edmonton Stories on the Website, shall constitute the entire agreement between you and Edmonton Stories concerning the Edmonton Stories Website. 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 Edmonton Stories’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Edmonton Stories reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Edmonton Stories Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EDMONTON STORIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EDMONTON STORIES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.