Oak Bluff West Residents Forum - Terms of use

This website (the "Website") is operated by Qualico Developments (Winnipeg) Ltd. and is a place for you to connect with other residents of Oak Bluff West, share information and experiences and learn more about your community and its members. This Agreement applies to the Website, all user content located on the Website and any product or service offered by Qualico Developments (Winnipeg) Ltd. from the Website such as forums (each, a "Website Service"). The Website is offered to you conditioned on your acceptance without modification of the terms and conditions contained in this Agreement. Your use of the Website constitutes your agreement to all such terms and conditions. Qualico Developments (Winnipeg) Ltd. may amend this Agreement at any time, in its sole discretion, by posting an amended Agreement on the Website. Any amendment that Qualico Developments (Winnipeg) Ltd. makes to this Agreement will be effective immediately upon posting. You are deemed to have agreed to any amendment by virtue of your continued use of the Website. If you object to any such amendment, your recourse is to cease using the Website.

1. Ownership. The Website and all of its content is the property of Qualico Developments (Winnipeg) Ltd. and third parties and is protected under applicable copyright and trademark law. The names and logos identifying the Website and Qualico Developments (Winnipeg) Ltd. and their products and services are either trademarks of Qualico Developments (Winnipeg) Ltd. or trademarks which Qualico Developments (Winnipeg) Ltd. is licensed or otherwise authorized to use. Except as expressly provided herein, nothing shall confer on you any licence of or right to use any such mark or of any other intellectual property right of Qualico Developments (Winnipeg) Ltd. or any third party.
2. Only Personal, Non-Commercial Use Allowed. Unless otherwise specified, the Website and Website Services are for your personal and non-commercial use only. You agree that the material and content contained on the Website is made available to you for your lawful and personal use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of Qualico Developments (Winnipeg) Ltd.'s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without Qualico Developments (Winnipeg) Ltd.'s written permission.
3. Unlawful or Prohibited Uses. As a condition of your use of the Website and Website Services, you will not use the Website and Website Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Website and Website Services in any manner that could damage, disable, overburden, or impair the Website and a Website Service(s) (or the network(s) connected to the Website and a Website Service(s)) or interfere with any other party's use and enjoyment of the Website and a Website Service(s). You may not attempt to gain unauthorized access to the Website and a Website Service, other accounts, computer systems or networks connected to the Website and a Website Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and Website Services. Additional prohibited uses include, but are not limited to, those in the list below. For example, you may not:
   (a) Use the Website Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
   (b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
   (c) Publish, post, upload, submit, distribute or disseminate (collectively, "Post") any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
   (d) Post any topic, name, material or information that incites discrimination, hate or violence toward a person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
   (e) Post any material that contains reference to any moderator of the Website or any Community Manager actions.
   (f) Post any material that is known by you to be false, fraudulent, deceptive, inaccurate or misleading.
   (g) Post any documents, images, photographs, information or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
   (h) Use any material or information, including images or photographs, which are made available through the Website and Website Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
   (i) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
   (j) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Website Service specifically allows such messages.
   (k) Download any file posted by another user of a Website Service that cannot be legally distributed in such manner.
   (l) Restrict or inhibit any other user from using and enjoying the Website Services.
   (m) Violate any code of conduct or other guidelines that may be applicable for any particular aspect of the Website Service.
   (n) Harvest or otherwise collect information about others, including e-mail addresses, without their permission.
   (o) Violate any applicable laws or regulations.
   (p) Create a false identity.
   (q) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website, and a Website Service(s) or other user or usage information or any portion thereof.
4. Individual User Accounts and Credentials. Some Website Services on the Website may be available to you if you meet the qualifications and have opened a user account to access such Website Services. If you elect to open a user account, you represent and warrant to Qualico Developments (Winnipeg) Ltd. that you are at least 18 years of age. If any Website Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Your user name and password ("Credentials") remain the property of Qualico Developments (Winnipeg) Ltd. and may be cancelled or suspended at any time by Qualico Developments (Winnipeg) Ltd. in its discretion without any notice or liability to you or any other person. Qualico Developments (Winnipeg) Ltd. is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. Qualico Developments (Winnipeg) Ltd. may act upon any communication that is given with the use of Credentials. If you have been issued Credentials:
   (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials;
   (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials;
   (iii) you will immediately notify Qualico Developments (Winnipeg) Ltd. by email to info@qualicodevelopments.com if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person; and
   (iv) Qualico Developments (Winnipeg) Ltd. will not be liable for any loss that you may incur as a result of someone else using your Credentials, either with or without your knowledge. You may not use anyone else's Credentials at any time, with or without the permission of the account holder.
5. Monitoring. Qualico Developments (Winnipeg) Ltd. has no obligation to monitor the Website Services. However, Qualico Developments (Winnipeg) Ltd. reserves the right to review materials posted to the Website, to investigate possible violations of this Agreement, and to remove any materials in its sole discretion. Qualico Developments (Winnipeg) Ltd. will immediately terminate any account that it believes, in its sole discretion, is violating this Agreement. Qualico Developments (Winnipeg) Ltd. reserves the right at all times to disclose any information as Qualico Developments (Winnipeg) Ltd. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Qualico Developments (Winnipeg) Ltd.'s sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in the Website Service. Qualico Developments (Winnipeg) Ltd. does not control or endorse the content, messages or information found in the Website Service and, therefore, Qualico Developments (Winnipeg) Ltd. specifically disclaims any liability with regard to the Website Services and any actions resulting from your participation in the Website Service.
6. Submissions.
   (a) Qualico Developments (Winnipeg) Ltd. does not claim ownership of the materials (each a "Submission" and collectively "Submissions") you Post, to the Website. By Posting your Submission you grant to Qualico Developments (Winnipeg) Ltd. and its suppliers and necessary sublicensees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicenseable and transferrable right and license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission on the Website.
   (b) No compensation will be paid with respect to the use, copying or distribution of your Submission, as provided herein. Qualico Developments (Winnipeg) Ltd. is under no obligation to post or use any Submission you may provide and Qualico Developments (Winnipeg) Ltd. may remove any Submission at any time in its sole discretion.
   (c) Submissions uploaded to the Website by third parties may be subject to posted limitations on usage, reproduction and/or dissemination and you are agree to comply with such limitations if you download the materials.
   (d) By Posting a Submission, including without limitation images, photographs, pictures, video or that are otherwise graphical in whole or in part (each a "Picture"), you represent and warrant that.
   (e) In no event will Qualico Developments (Winnipeg) Ltd. have any responsibility for any use or misuse of your Submissions by third parties accessing the Website.
7. Links to Third Party Sites. The Website and Website Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Qualico Developments (Winnipeg) Ltd. and Qualico Developments (Winnipeg) Ltd. is not responsible for the contents of any Linked the Website, including without limitation any link contained in a Linked the Website, or any changes or updates to a Linked the Website. Qualico Developments (Winnipeg) Ltd. is not responsible for webcasting or any other form of transmission received from any Linked the Website nor is Qualico Developments (Winnipeg) Ltd. responsible if the Linked the Website is not working appropriately. Qualico Developments (Winnipeg) Ltd. provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Qualico Developments (Winnipeg) Ltd. of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
8. DISCLAIMER. (a) THE WEBSITE AND ITS CONTENTS (ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR ITS CONTENTS. QUALICO DELVELOPMENTS (WINNIPEG) LTD. AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (COLLECTIVELY, THE "QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES") DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, BE UNINTERRUPTED OR ERROR-FREE, CONTAIN DATA OR INFORMATION THAT IS NOT INACCURATE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. (b) QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES ALSO DISCLAIM RESPONSIBILITY FOR DAMAGES THIRD PARTIES MAY CAUSE TO YOU THROUGH THE USE OF THE WEBSITE, WHETHER INTENTIONAL OR UNINTENTIONAL. FOR EXAMPLE, YOU UNDERSTAND THAT A THIRD PARTY MAY GAIN UNAUTHORIZED ACCESS TO THE WEBSITE AND YOUR PERSONAL INFORMATION CONTAINED ON THE WEBSITE, AND THAT NONE OF QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES WILL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM SUCH UNAUTHORIZED ACCESS. NONE OF QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT NONE OF THE QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PERSON OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT QUALICO DELVELOPMENTS (WINNIPEG) LTD. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A WEBSITE SERVICE BY ANY THIRD PARTY.
9. EXCLUSION OF LIABILITY. NONE OF THE QUALICO DELVELOPMENTS (WINNIPEG) LTD. PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ITS USE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUES, BUSINESS OPPORTUNITY, SAVINGS, INCOME, PROFITS, USE, WAGES, MATERIAL, CAPITAL, PRODUCTION, REPUTATION OR GOODWILL OR PAYMENT SETTLEMENT LIABILITY, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY QUALICO DELVELOPMENTS (WINNIPEG) LTD. OR ANY PERSON FOR WHOM QUALICO DELVELOPMENTS (WINNIPEG) LTD. IS RESPONSIBLE EVEN IF QUALICO DELVELOPMENTS (WINNIPEG) LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
10. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE QUALICO DELVE LOPMENTS (WINNIPEG) LTD. PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE $100.
11. Storage Space and Other Limitations. You agree that Qualico Developments (Winnipeg) Ltd. may establish limits and retention policies concerning use of the Website Services offered on the Website. You agree that Qualico Developments (Winnipeg) Ltd. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Website Service.
12. Termination/Access Restriction. Qualico Developments (Winnipeg) Ltd. reserves the right, in its sole discretion, to terminate your access to any or all the Website and Website Services and the related services or any portion thereof at any time, without notice. Qualico Developments (Winnipeg) Ltd. shall be entitled to terminate the operation of the Website or a Website Service at any time, without notice. Upon termination of the Website and a Website Service, your right to use the Website and a Website Service immediately ceases.
13. Indemnification. You agree to indemnify and hold the Qualico Developments (Winnipeg) Ltd. Parties harmless from and against all claims, demands losses, expenses, damages and costs, including reasonable legal fees and other litigation expenses, resulting from (a) any violation of this Agreement, (b) any allegation that any information or material submitted by you to Qualico Developments (Winnipeg) Ltd. violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Credentials.
14. Your Personal Information. In connection with your use of the Website and Website Services, you may be asked to provide private or confidential data concerning yourself. The requested data may include a first and last name, e-mail address, residential address and postal code. The purpose and intended use of collecting this data is to establish your identity and otherwise make available to you the Website Services. If you chose not to provide this information you may be denied access to the Website and Website Services. Qualico Developments (Winnipeg) Ltd. reserves the right to disclose any personal information about you or your use of the Website and Website Services, including its contents, without your prior permission if Qualico Developments (Winnipeg) Ltd. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Qualico Developments (Winnipeg) Ltd. or its affiliated companies; (3) enforce this Agreement; or (4) act to protect the interests of its members or others.
15. Cookies. Qualico Developments (Winnipeg) Ltd. uses cookies to keep track of your session to personalise your experience. If you do not accept cookies, your use and enjoyment of this Website may be adversely affected. This information may be monitored to and develop aggregate anonymous statistics regarding use of the Website.
16. Entire Agreement. This Agreement, which shall be deemed to include Qualico Developments (Winnipeg) Ltd.'s privacy policy as well as any other policies of Qualico Developments (Winnipeg) Ltd. which are published on the Website from time to time, shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement supersedes any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.
17. Assignment. You shall not be entitled to assign this Agreement without the prior written consent of Qualico Developments (Winnipeg) Ltd.. Nothing in this Agreement shall restrict the right of Qualico Developments (Winnipeg) Ltd. to sell, convey, assign, pledge or otherwise transfer the Website to any third person and such event shall automatically operate to release Qualico Developments (Winnipeg) Ltd. from liability from and after the effective date thereof in respect of all of the covenants, terms and conditions of this Agreement, and you shall thereafter look solely to Qualico Developments (Winnipeg) Ltd.'s successor in interest in the Website.
18. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on Qualico Developments (Winnipeg) Ltd. unless consented to in writing by Qualico Developments (Winnipeg) Ltd.. No waiver of any provision of this Agreement by Qualico Developments (Winnipeg) Ltd. shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided. Qualico Developments (Winnipeg) Ltd. shall be entitled to amend this Agreement in accordance with the first paragraph of this Agreement.
19. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
20. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.