DATE: November 18, 2021
The website operated at www.learn.mycity.org and such other locations as made available from time to time (collectively, the “Website” or “Site”) and the services offered therefrom (collectively with the Website, the “Service”) are operated by MyCity Impact Inc. and its corporate affiliates (collectively, “MyCity”, “we”, “us” or “our”, as the context requires).
- Acceptance of Terms. By accessing and/or using the Service, you signify that you have read, understand and unconditionally agree to be bound by this Agreement in all respects with respect to the Service and your use of the Service.
- Amendment of Terms. MyCity may amend the Terms from time to time. You agree that you will review these Terms periodically. You may be required to click “accept” or “agree” to show your consent to an amended version of these Terms; otherwise, unless we provide a delayed effective date, all amendments will be effective upon posting of such amended Terms on the Website and the App. You are free to decide whether or not to accept any amended version of the Terms, but your continued access to or use of the Service after an amendment becomes effective constitutes your consent to be bound by the Terms, as amended. Your use of the Service will be subject to the version of the Terms in effect at the time of use.
- Additional Terms. In addition to these Terms, when using particular services or features, you may also be subject to any additional posted guidelines, or rules applicable to such service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
- USE OF THE SERVICE
- Registration Data. In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete. We reserve the right to reject any registration form in our sole discretion. You must be at least 18 years old to register as a User or the age of majority in the jurisdiction in which you reside, or otherwise have the permission of your parent or legal guardian. By providing Registration Data, you signify that you are at least 18 years old, or otherwise have the permission of your parent or legal guardian, and acknowledge that you may not use the Services if you are under the age of 18 or if you do not have the permission of your parent or legal guardian. If necessary, we may ask you for proof of your age. If you are unable to provide proof of your age, we reserve the right, at our sole discretion, to halt your registration. Upon providing Registration Data to us through the Service, you will provide account information (your “User Account”) including (but not limited to) your personal information. Once you successfully register for a User Account, you will choose a password and be given access to your personal User Account. You hereby agree to be fully responsible for (v) immediately updating your User Account to account for any change in Registration Data, (w) all use of your User Account, (x) any action that takes place using your User Account by any person or automated process, (y) maintaining the confidentiality and security of the password to your User Account, and (z) immediately notifying us upon any unauthorized use of your password or your User Account.
- Lawful Use. You may use the Service only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Service for any other purpose or in any other manner is strictly prohibited. You shall abide by all rules and regulations published by MyCity from time to time, in respect of your use of the Service, including the User Code of Conduct.
- Content. In this Agreement, “Content” means all materials and content of any type, including, but not limited to, e-learning material, ratings, photos, graphics, images, designs, profiles, messages, information, notes, text, information (including Registration Data), music, sound, video, articles, and software.
- User Content and Accuracy. The Service permits you to submit, transmit, copy, make available and distribute Content (collectively, your “User Content”), and we do not claim ownership over any User Content. All User Content are the sole responsibility of the person from whom such User Content originated. By providing any User Content, you:
- acknowledge that MyCity reserves the right to refuse to accept, display, or transmit any User Content, or to edit or remove any User Content, at any time, with or without notice, in its sole discretion;
- grant MyCity the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the Service (the “User License”), subject to any other license agreements granted by you to us, on the following terms:
- the User License is limited to the purpose of offering the Service;
- represent and warrant to us that (A) you have all right, title and interest to grant the User License, (B) no User Content requires the obtaining of a license form or paying fees or royalties to any third party; (C) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, (D) no User Content contains any libellous, defamatory or otherwise unlawful material, and (E) no User Content violates this Agreement or any applicable law or regulation; and
You will be solely responsible and liable for any and all loss, damage, and additional costs that you, MyCity or any other Person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update information. MyCity may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that MyCity determines in its sole discretion to violate any of the standards of the Service. We take no responsibility and assume no liability for any User Content. Without limiting Section 2(a), all information you provide through this Website must be true, accurate, current and complete.
- Service Content. All Content available or stored on the Website or the App other than your User Content, including the Service itself, all other Users’ Content, any Content made available by MyCity or any third party (including partner institutions), and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the proprietary property of MyCity, the Users or our licensors with all rights reserved, and MyCity (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title in and to all Service Content. Provided that you are eligible for use of the Service, and that you agree to this Agreement, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, and for such use expressly permitted by this Agreement, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Website or the App. You further agree not to change, translate, or otherwise create any derivative works of the Service. If we revoke our license to you, you agree to remove any Content infringing the terms of this Agreement and that the terms of the Agreement will survive such revocation and continue to bind you.
- Software. MyCity, and its partner institutions and licensees, if any, may cause software (including computer code and other instructions) to be available for you to download from this Website or through other websites and Internet resources. The software is protected by copyright and other intellectual property rights, and your downloading and use of such software is governed by the applicable transaction agreement and the software licence agreement specific to such software, if any. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and software licence agreement.
- Availability of Services. Additional terms and conditions may apply to certain services and functions on the Website or the App. Such services and functions, and all information described in this Website and/or the App, are available only in jurisdictions where they may be legally provided, and therefore may not be available in all regions of Canada or to residents of other jurisdictions. Please contact MyCity for more information on whether any services or functions can be provided in your jurisdiction and for details.
- Modifications to Service. We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION. You acknowledge that your only right with respect to any dissatisfaction with any modification of Service made by us is to cancel or terminate your User Account.
- Information Accuracy. Although MyCity and its partner institutions attempt to provide current and accurate information on the Website and the App, errors, inaccuracies, omissions or other errors may sometimes occur and neither MyCity nor its partner institution can guarantee that all content and data provided on this Website will always be accurate, complete and up to date. MyCity reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other Person.
- Links. Hyperlinks are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. MyCity has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
- Prohibited Use. Any use of the Service or the Service Content other than as specifically authorized in this Agreement (including the User Code of Conduct), without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
- DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
- No Responsibility for Others’ Content. We are not responsible or liable in any manner for any User Content or third-party content available on the Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Service, be it User Content or third-party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in this Agreement, MyCity has no responsibility to monitor any User Content or third-party Content.
- Disclaimers. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED BY ECAMPUSONTARIO TO THE FULLEST EXTENT PERMITTED BY LAW.
- Liability Exclusions. MYCITY, AND ITS PARTNER INSTITUTIONS, LICENSORS AND LICENSEES, IF ANY, WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY TYPE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY MYCITY OR ITS PARTNER INSTITUTIONS OR ANY PERSON FOR WHOM THEY ARE RESPONSIBLE, AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
- Release. To the fullest extent permitted by law, you release, indemnify, and hold harmless MyCity and its partner institutions, licensors and their respective directors, officers, shareholders, employees, contractors, advisors and agents from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the Service, including, without limitation, with respect to bodily injury, physical harm, illness, death or property damage.
- Virus and other Malware. MyCity makes reasonable efforts to ensure that this Website and the App is virus- and malware-free, but does not guarantee that this is the case. You are responsible for the entire cost of any service, repairs or corrections necessary as a result of your use of the Service.
- GOVERNING LAW AND MISCELLANEOUS
- Applicable Laws. This Agreement, your access to and use of the Service and all related matters are governed solely by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute between you and MyCity or any other person arising from, connected with or relating to the Service, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of the Province of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of these courts in respect of all Disputes.
- Electronic Communications. When you use the Service, send e-mails to us, or register for a User Account, you are communicating with us and other Users electronically. You consent to receive communications from us and other Users electronically. We will communicate with you by e-mail to the e-mail address or by other communications through your mobile phone number attached to your User Account through your Registration Data or by posting notices on the Website and/or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MyCity does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through the Service. MyCity assumes no liability for any loss, costs or damages you may suffer as a result of interception, alteration or misuse of information as it is transmitted over the Internet.
- Restrictions on Use. Notwithstanding any other provision of this Agreement, MyCity may in its discretion change, discontinue, modify, restrict, suspend or terminate the Service, this Website or any part of it without any notice or liability to you or any other Person. MyCity may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Service or this Website without any notice or liability to you or any other Person.
- Termination. You may terminate your User Account at any time by deleting your User Account. We reserve the right to terminate, suspend, or deactivate your User Account if we suspect or determine, in our sole discretion, that you have misused our Services, have used our Services to violate any law or have breached any term of this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MyCity may have at law or in equity. If this Agreement or your permission to access or use all or any part of the Service is terminated for any reason, then this Agreement and all other then existing agreements between you and MyCity will continue to apply and be binding upon you regarding your prior access to and use of this Website, and anything connected with, relating to or arising therefrom.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then those provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
- Force Majeure. MyCity shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Benefit. This Agreement inures to the benefit of and is binding upon each of MyCity and its successors, assigns and related Persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. MyCity may assign this Agreement and its rights and obligations under this Agreement without your consent.
- Non-Waiver. Any rights not expressly granted by this Agreement are reserved to MyCity. No consent or waiver by MyCity to or of any breach or default by you in your performance of your obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other of your obligations; or (b) effective unless in writing and signed by MyCity.
- Notice. You may contact MyCity by telephone, email, or postal mail: 416.477.3490, firstname.lastname@example.org, 261 Davenport Road, Suite 200, Toronto, Ontario M5R 1K3 Canada.
USER CODE OF CONDUCT
General Restrictions and Limitations
In respect of your use of the Service, you may not:
- enter without authorization, into equipment, facilities, networks or accounts to use, read, transfer or change the contents, or for any other purpose;
- use another User Account or grant another individual access to your User Account;
- send inappropriate messages/dialogue via this Website, telephone, or e-mail, including but not limited to, messages/dialogue which are offensive, abusive, derogatory, seditious, harassing, or threatening;
- display, transmit, distribute or make available information that expresses or implies discrimination/ bullying or an intention to discriminate/bully;
- interfere with the normal operation of any institution or information technology systems and connecting networks (this includes such things as flooding the network with messages or sending chain letters or pyramid solicitations);
- except with our prior written consent, alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, the Service Content;
- reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, the Service Content, or any part thereof;
- make the Service or Service Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with this Agreement;
- republish any Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be;
- use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Content;
- register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity);
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account or otherwise;
- upload, post, transmit, share or otherwise make available on the Service any User Content that:
- consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- contains any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;
- in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment’ or
- encourages or facilitates illegal activity, pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
- would be considered, in any way, to form part of a lottery, raffle, sweepstakes, affiliate marketing scheme, multilevel marketing, pyramid scheme, or be related to spam, or any other form of solicitation that is not authorized by this Agreement;
- disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Service Content;
- remove any copyright or other proprietary notices on or in the Service, Service Content or any part thereof;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes;
- use the Service or any Service Content to “stalk”, intimidate, harm or otherwise harass another User or another person;
- intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority;
- access the Service or any Service Content in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Service Content;
- utilize the Service in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Service, Website, or App except for standard web browsers;
- interfere with or disrupt the Service or Service Content (including the servers, networks or technology connected to the Service);
- attempt to gain unauthorized access to the Service, or any part of the Service, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Website or App; and
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, any features that prevent or restrict use or copying of any content accessible through the Website or App, or any features that enforce limitations on the use of the Service or the content therein.
MyCity reserves the right to refuse service, terminate User Accounts, remove or edit Content in their sole discretion.
In respect of your use of the Service, you acknowledge and agree that you are responsible for:
- any and all use of your User Account(s);
- maintaining secure passwords for all accounts assigned to you;
- ensuring and safeguarding against others obtaining unauthorized access to your User Accounts. You must not share passwords or any other access control information for your accounts;
- representing yourself honestly in all communications and correspondence; and
- reporting perceived infractions of the MyCity User Code of Conduct Policy to us.
As a user participating in this environment, you will abide by all rules and regulations published in this User Code of Conduct policy and agree that you are subject to the jurisdiction of all disciplinary procedures established by your registering institution to address any alleged violation.