These Terms of Use apply where You choose to use this website (the "Site"). Please read these Terms of Use carefully before continuing to use the Site. If You do not agree to these Terms of Use, then You SHOULD NOT continue to use the site.
1. Acceptance of Terms of Use
1.1 By continuing to use the site You will be deemed to have consented to these Terms of Use.
1.2 We reserve the right to change or update these Terms of Use from time to time (subject to Your termination right pursuant to paragraph 7). Any revisions to these Terms of Use will be notified to You the next time that You log on to the Site as a Registered User.
2. Age of Consent
2.1 You must be 16 years or over to be a Registered User. Â If We discover or have any reason to suspect that You are not over 16 years of age, then We reserve Our right to suspend or terminate Your Account on this Site immediately and without notice.
3. Password User Name and Security
3.1 Upon registration as a User, You will be given a User Name that You can use to access Your User Account and Profile and to log on to the Users' area of the Site. You will receive a password via eMail that you can later change.
3.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Registered Users' area of the Site and will not be liable where Your Password or User Name are used by someone else.
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name or any other breach of security of which You become aware.
4. Your warranties
4.1 You warrant that:
4.1.1 You are at least 16 years of age;
4.1.2 all information and details provided by You to Us (including on registration as a User) are true, accurate and up to date in all respects and at all times (see Our Privacy Policy for details on how to update Your personal data); and
4.1.3 You will comply with these Terms of Use including, without limitation, the restrictions relating to acceptable use set out at section 5 below.
4.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your use and Membership arising from any breach or suspected breach of these Terms of Use by You or Your violation of any law or the rights of any third party.
5. Acceptable Use
5.1 We support the free flow of information and ideas over the Internet. We seek to balance this aim with Our obligations to other Registered Users and at law however. We do therefore review all Member Organisation and Registered User profiles entered onto the Site by Registered Users, check instant messages where certain keywords are triggered in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints. We also therefore require that You do not:
5.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
5.1.2 advertise or promote third party or Your own products or services including by way of the distribution of 'spam' mail;
5.1.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
5.1.4 make insulting remarks to or about other Registered Users ("flaming");
5.1.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
5.1.6 impersonate another person or Registered User;
5.1.7 transfer files that contain viruses, trojans or other harmful programs;
5.1.8 use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
5.1.9 access or attempt to access the accounts of other Registered Users or to penetrate or attempt to penetrate the Site security measures.
5.2 We may take any or all of the following action at Our discretion:
5.2.1 remove any Registered User profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or which may violate these Terms of Use or where required to do so by law;
5.2.2 issue Registered Users with verbal or written warnings and may take such further action as We deem appropriate under this paragraph 6.2 if such warnings are not heeded;
5.2.3 suspend or terminate a Registered User's access to the Registered Users' area of the Site or a Registered User's Account without notice at any time;
5.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
5.2.5 bring legal action against a Registered User or other user of the Site in relation to any breach of these Terms of Use or any illegal or suspected illegal activity.
We will determine what action is appropriate to be taken against a Registered User on a case by case basis.
5.3 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
6. Cancellation
6.1 Your User services commence when You submit Your registration and it has been processed. This means that, subject always to Your right to terminate as set out below, You will not be able to cancel the services after this point.
7. Termination
7.1 You can terminate Your Services at any time by notifying Us at info@OutSportToronto.com . Â If you are a nominee of a member organisation, so terminating your service may lead to OutSport Toronto seeking your organisation to nominate a new representative.
7.2 We will terminate your membership at our sole discretion if we feel you have acted in contravention of any part of this terms and conditions agreement. Â In so doing, if you are a nominee of a member organisation, we will also ask your organisation to appoint a new representative to OutSport Toronto.
8. Copyright and Other Intellectual Property Rights
8.1 Your use of the Site grants no rights to You in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.
8.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
9. Limitation of Liability
9.1 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
9.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
9.3 Save that nothing in this paragraph 9 shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Users. We can not vet all User profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk.
9.4 Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
9.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or other Users of the Site that is in contravention of these Terms of Use.
10. Security and Privacy
10.1 Your security and those of all Our Users is very important to Us. Please read Our Privacy Policy for important information regarding the use of Your personal data and Your rights in relation to this.
11. General
11.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
11.2 If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
11.3 These Terms of Use shall be governed by and interpreted in accordance with the laws of Ontario, Canada. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
12. Complaints and Feedback
12.1 If You have any complaints about another User or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: info@OutSportToronto.org .