Terms of Use

Please Read the Terms of Use Below. In order to submitt photographs and comments you must agree to these terms.

I AGREE TO THE TERMS BELOW

CANCEL

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TERMS OF USE
Last Updated on January 30, 2015

Welcome to the Oak Ridges Moraine Photography Club

Following are the terms of use pertaining to the Internet site Oak Ridges Moraine Photography Club (“Photo Club”) which is owned by the Oak Ridges Moraine Land Trust (“Land Trust”). You agree without limitation or qualification to be bound by these terms and conditions (the “Terms and Conditions”), if you use any of the products or services provided by the Photo Club. If you do not agree to these Terms and Conditions you may not use any of the services provided on the Photo Club Site.

Description Of The Oak Ridges Moraine Photography Club Services
These services are designed to encourage and enable citizen exploration, discovery and sharing about what matters to people who live, work and play on the Oak Ridges Moraine. Nature appreciation and passive outdoor recreation experiences, combined with the development of photography skills will produce a collection of images and impressions to document the aesthetics and biodiversity of the Oak Ridges Moraine.

The Photo Club will provide registrants with a collection of resources, including educational and communication tools, forums, and other content available through the site (the “Services”).

You understand and agree that the Services are provided “AS-IS” and that Photo Club assumes no responsibility for timeliness, deletion, miss-delivery or failure to store any user communications or personal images.

In compliance with Canada’s anti-spam legislation (CASL), by becoming a registered “member” of the Photo Club” there is implied consent (existing non-business relationship) by which you understand and agree to receive electronic communications from the Photo Club about the Club services and operations, which you may not opt out of receiving for as long as you remain a member. On termination of membership the Photo Club has the option under CASL to make contact with you for up to two years after the end of the membership. Unless explicitly stated otherwise, any new Services are subject to these Terms and Conditions.

Your Registration Obligations
Some Services and Content available on the Photo Club Site may require membership through registration or subscription. If you register or subscribe you agree to provide accurate and current information and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You also agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose as a result of registration or subscription on the Photo Club site; and all activities that occur under such password or account. You further agree to notify the Photo Club of any unauthorized use of your password or account. The Photo Club will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

Your Conduct
You agree to comply with all applicable laws and these Terms and Conditions when using the Photo Club Site or Services. You acknowledge that the Photo Club and/or Land Trust may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

You agree that you will not post, transmit, link to or other wise distribute content that:

  • constitutes, advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Photo Club Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Photo Club Site or any of its Services;
  • defame, abuse, stalk, harass, threaten or otherwise violates the legal rights of others;
  • is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • contains a virus, or other harmful or disruptive component; and
  • infringes any patent, trade-mark, trade secret, copyright or other intellectual property or proprietary right.

Your Responsibility For Minors
In cases where you have authorized a minor to use the Photo Club Site or any of the Services, you recognize that you are fully responsible for:
– the online conduct of such minor;
– controlling the minor’s access to and use of the Photo Club Site or any of the Services; and
– the consequences of any misuse by the minor.
You acknowledge that the Photo Club may from time to time, but is not obliged, to monitor the Photo Club Site or any content accessible through the Photo Club Site or any of the Services. However, you agree that Photo Club has the right to monitor the Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request.

Your Use Of Forums And Forum Submission
Please be aware that you are responsible for any content and information and its accuracy that you submit to the Photo Club Site. Further, that Photo Club is not responsible for the content or accuracy of any information, and not responsible for any reliance or decisions made based on such information. In addition use of a Forum for commercial purposes of any kind is strictly prohibited.

The Photo Club reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

Copyright
The owner of any photograph or other media uploaded to the Photo Club Site retains all copyright to the photograph or other media.

When you upload a photograph or other media to the Photo Club website you represent and warrant that you have the right to grant the rights set out below:

  • upon uploading a photograph or other media to the Photo Club website you are giving permission and granting the following rights to the Oak Ridges Moraine Land Trust and the Oak Ridges Moraine Photo Club and their affiliates a world-wide, royalty-free, irrevocable and non-exclusive right and licence to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works or merchandise or publish in print or any other media from any such submitted photograph to promote and or educate in regard to, the Oak Ridges Moraine, the Oak Ridges Moraine Land Trust, the Oak Ridges Moraine Photography Club and their affiliates;
  • if the copyright to the photograph belongs to a minor, permission to submit the photograph to the Photo Club Site must be obtained, in writing, from the child’s parent or guardian before submitting it to the Photo Club Site. Proof of this permission must by provided to the Oak Ridges Moraine Land Trust immediately upon request.

See our Privacy Policy below, regarding Third Party use of submitted Photographs.

Publication
By submitting a photograph to the Photo Club website, you hereby grant the Land Trust, the Photo Club and its affiliates the right to use the photo and other media in presentations, slides, publications, the Land Trust Newsletter, displays, multi-media uses, the Land Trust’s website, project reports, online surveys. This includes both print and digital versions as well as online. The Land Trust and the Photo Club will also have rights to use images digitally to promote themselves and the Oak Ridges Moraine via Facebook, Twitter, Instagram and other social media outlets.

By submitting a photo to the Photo Club website, you also hereby grant to Land Trust, the Photo Club the non-exclusive, perpetual right and licence to reproduce, publish and distribute, and to authorize the reproduction, publication and distribution of the photos, in print, on microfilm and microfiche, and in all electronic forms and media now known or later developed, including, but not limited to, on CD-ROM, over the Internet and in digital publications.

The Land Trust, and the Photo Club reserve the non-exclusive right to publish any photo or other media uploaded to the Photo Club website in its material without further compensation to Photo Club users. For Land Trust, the Photo Club and its affiliates, promotional material shall include without limitation any print or electronic advertising or marketing material such as posters, online images, newspaper ads, television ads, e-mails and social media content.

Restrictions On Use
You acknowledge that any and all information, content, reports, data, photographs, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the Photo Club site (the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, is the property of Photo Club or its licensees, or the respective owner as indicated. All Content is protected by Canadian and worldwide copyright laws and treaty provisions. The Land Trust, the Photo Club and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Photo Club Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content.

Your Use Of The Oak Ridges Moraine Photography Club Content
The Photo Club website content is provided by the Photo Club, the Land Trust, its affiliates and other suppliers, which also includes User content submissions to the Site. The Content includes (although not limited to) photographs, other media, text, data, downloads, software, advertising and links to other Websites. You agree that any use that you make of the above content is at your sole discretion and you do so at your own risk.

You further acknowledge and agree that your correspondence or business dealings with any third party are solely between you and such third parties. ORMLT and Photo Club assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases, other transactions or use of the content on this Site. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the Land Trust and the Photo Club will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Termination
The Photo Club reserves the right to suspend or terminate your account to the Site; Services and Content at anytime for convenience or any other reason.

Any such termination by the Photo Club will be in addition to and without prejudice to such rights and remedies as may be available to the Photo Club or the Land Trust, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your account.

Amendments And Waiver
The Land Trust and Photo Club reserves the right, at its sole discretion, to add to, remove from, amend, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on the Photo Club Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Photo Club Site and any of the Services immediately. Your continued use of the Photo Club Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, the Photo Club reserves the right to change, modify, suspend or discontinue any aspect of the Site, Services or Content from time to time without notice or liability and for any reason whatsoever.

Disclaimer
You expressly understand and agree that:
the content on the Photo Club site and any of the services and content is provided for educational and informational purposes only on an “as is” and “as available” basis and that each of the Land Trust, its agents, representatives and licensors and each of their respective affiliates (collectively the “Land Trust Group”) does not make any representations, warranties, terms, conditions and endorsements (collectively the “warranties”) of any kind, whether express or implied statutory or otherwise, including without limitation, any implied warranties as to uninterrupted or error free operation availability, merchantability, fitness for a particular purpose, non-infringement, title, accuracy, suitability, reliability, freedom from infections or viruses, or completeness, as well as those arising out of a course of dealing or usage of trade; and
without limiting the generality of the foregoing, the Land Trust Group specifically makes no warranties that the Photo Club site or any of the services, including any content, information, products or services obtained from or through the use of the Photo Club site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.

Indemnification
You agree at all times to indemnify, defend and hold harmless each member of the Land Trust Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Photo Club Site, against any and all claims, actions, proceedings, costs, damages, liabilities, expenses and demands whatsoever, including without limitation reasonable legal and accounting fees, sustained, incurred or paid by the Land Trust directly or indirectly resulting from or related to:

  • your breach of any of these Terms and Conditions;
  • your access to or use or misuse of the Photo Club Site, Services or Content including without limitation infringement claims; or
  • your use or reliance on, or publication, communication or distribution of anything on or from the Photo Club Site or through any of the Services.

You will use your best efforts to cooperate with the Land Trust Group in the defence of any claim. The Land Trust Group reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Limitation Of Liability
In no event will the Land Trust Group be liable for any damages whatsoever, including any direct, indirect, incidental, aggravated, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether the Land Trust or Photo Club had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with:

  • the use, inability to use or performance of any of the services of the Photo Club Site, or
  • any unauthorized access to or modification to any of your content or transmissions, or
  • any other matter relating to the Photo Club site or any of the services even if the Land Trust Group has been advised of the possibility of such damages or claim.

 

Governing Law / Submission To Jurisdiction
The Land Trust, the Photo Club site, content and Services (excluding linked sites) are controlled, operated and administered by the Land Trust from its offices within Canada. The Land Trust makes no representation or warranty that the Photo Club Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access the Photo Club Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Photo Club Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to this Section, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario< and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms And Conditions. Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any the Photo Club Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Land Trust Group relating to any Claim and you also agree to opt out of any class proceedings against the Land Trust Group. Notwithstanding the foregoing, the Land Trust reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

General Provisions
These Terms and Conditions and you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between the Land Trust and you pertaining to your use of the Photo Club Site, Services and Content and supersede any prior agreements between you and the Land Trust with respect to the subject matter hereof. The Land Trust’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof). No changes to these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

Privacy Policy
Your privacy is very important to us and we believe in giving you full disclosure about the kinds of information we gather and what we do with it. We also want to give you a choice about the use of your personal information.

We will not give or sell mailing lists from the collected information on the Photo Club Website.

Personally identifiable information
This is information you may have given us specifically about who you are, such as:
name, mailing address, email address, user name, password.
In addition, in order for us to better identify the products, uploads and projects that you submit and assignments and events that may interest you, we may ask you to provide:
– demographic information (such as age or education)
– your interests and preferences
– your biographic information
– transactional information (such as the history of your submissions to the Photo Club).We may use or disclose the information in these ways:
We use your name and address (postal and/or email) in order to deliver the information or service you requested and to follow up with you about such a request. We may also send you further information about our services or content. We may also use the information you provide us to identify offers or assignments that may be of interest to you.

We may also contact you to obtain permission or advise of use of your submissions to the Photo Club for various other purposes.
Business Transactions
In the event of a proposed or actual business transaction (including a sale to third parties, change in ownership, merger, liquidation, receivership, or any other type of acquisition, disposal, transfer, conveyance or financing) involving the Oak Ridges Moraine Land Trust, we may, where necessary and subject to confidentiality agreements, disclose or transfer personal information to a third party in order to assess and complete the transaction and, should the transaction be completed, in order for you to continue to receive the same products and services from the third party. You will be notified of a business transaction involving the disclosure of your personal information to a third party for purposes of providing you the products and services you receive from us. We will require any third party involved in a business transaction to agree to comply with this Privacy Policy following such a transfer, until such time as you are notified of and consent to any new collection, use or disclosure of your personal information in accordance with applicable privacy laws.

Anonymous/aggregated information:
This is information that cannot personally identify you, such as:

  • System Information. The type of operating system you are using (eg. Windows 98, Mac OS), the domain name of your Internet Service Provider (ISP) (eg. AOL, Sympatico, Rogers Internet) and the type of browser you are using (eg. Firefox, Google Chrome, Internet Explorer, Safari). Browser information (i.e. the URL of the web page you were just on, the IP address of the computer you are using and your domain type) is automatically recorded as part of transmitting information over the Internet. We may use it to help us display information in the best format for you.
  • A cookie is a small text file we place in your browser’s files. No one else can read this file. Cookies allow our server to recognize you when you return to our site, so you don’t have to re-register and so we can retain any preferences you may have given us. If you do not wish to receive cookies, most browsers allow you to be alerted when a cookie is sent to your computer, so you can decide whether to accept it.
  • Statistical Reports. We may develop summary reports to help us and our affiliates and funders (such as Foundations and Government and its Agencies) better understand our audience and provide web content and information that are more likely to be of interest to you. For example, we may report total number of visitors to our site in general or to specific pages, average length of visit, etc. No identifying data about individuals would be reported.
  • “Clickstream” Data. During your visit to our sites, we may record choices you have made and use this to provide more customized content or information. The data does not identify you and is not retained after your visit. This is sometimes called “clickstream” data. If we do market research studies or polls in any area that will only be reported in aggregate, this will be indicated.

Control of Your Information
You always have the option to instruct us not to use your name, address, e-mail address, etc. beyond providing you with the product, information or service you requested. See “Contact Us” below.
Communications

Upon registering with the Photo Club you become a Member of the Oak Ridges Moraine Photo Club. The Photo Club may contact you from time to time to provide information about projects or services the club offers to members.

In the event that we receive a request to use your submitted photograph(s) for commercial purposes by a Third Party such as other agencies, organizations or individuals every effort will be made to contact you by using the information you provided. No permissions will be deemed to be granted by us on your behalf in such an event.

You may choose to end your membership by contacting us. See “Contact Us” below.

Security
We make every reasonable effort to protect against the loss, misuse, and alteration of personal information under our control. Our security policies are periodically reviewed and enhanced as necessary.
Only authorized individuals and suppliers have access to your information. However, we cannot guarantee that personal information you voluntarily disclosed on message boards and discussion groups will not be collected and used by others, which may result in unsolicited messages to you from other parties.

Contact Us
You may contact the Oak Ridges Land Trust regarding privacy matters in any one of the following ways:

E-mail:
landtrust @ oakridgesmoraine.org (remove the blanks before emailing)

Mail:
The Oak Ridges Moraine Land Trust
18462 Bathurst Street, Newmarket, L3Y 4V9

Telephone: 905−853−3171

Updates
From time to time, we may update our privacy statement. Please review this policy periodically.

Copyright
No part of this website may be reproduced in any form without the express written consent of the Oak Ridges Moraine Land Trust.

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