Important! Your access to this website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing this website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions you must exit the website.
By using this site, you represent and warrant either: (a) that you are over the age of majority in the province, state or territory in which you reside, and you are lawfully able to accept this agreement; or (b) that you are between the ages of 13-19 and have followed all requirements for your age group set out herein, including that your parent or guardian enters into this agreement on your behalf and consents to your access to and use of the site. If you do not meet either (a) or (b) do not access or use the site.
If you are using the site on behalf of any entity, you further represent and warrant that you are authorized to accept this agreement on such entity’s behalf, and that such entity agrees to indemnify ParticipACTION in accordance with this agreement.
Welcome to the ParticipACTION.com site of ParticipACTION. (the “site”). ParticipACTION, its divisions, affiliates, and subsidiaries are referred to herein as “ParticipACTION”, “blog”, “enews” “we”, “us” or “our”. Parts of this site may also be operated by our designated agencies, promotion partners or representatives. Please read these ParticipACTION terms carefully before using this internet site since use of this site in any manner, including browsing and registering with ParticipACTION are subject to the terms outlined herein.
Acceptance of terms. The site is made available by ParticipACTION subject to these terms. We reserve the right to update or make changes to these terms from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised draft of these terms on the site. You can determine when these terms were last revised by referring to the “last updated” legend at the top of these terms. You are bound by any such revisions and should therefore periodically visit this page to determine whether the agreement has been revised since your previous review, and if so, to review the current version of these terms. Your continued use of the site following our posting of the revised agreement will constitute your acceptance of such changes. When using any services provided through the site or by ParticipACTION (“services”) or any software related to this site (“software”), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such services or software, which rules, terms and conditions are hereby incorporated by reference into these terms.
You acknowledge and agree that we have the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the site, with or without notice; and/or offer opportunities to some or all users of the site. You agree that neither we nor any parent, subsidiaries, sponsors, or affiliated companies (each, an “affiliated entity” and collectively, the “affiliated entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the site, ParticipACTION, in whole or in part, or of any service, software, content, feature or product offered through the site.
Youth membership with ParticipACTION. If you are between the ages of 13-19 years of age and a legal resident of canada, you may register for enews, site, or blog by following the instructions set out at http://www.ParticipACTION.com. No purchases or other fees are required for enrollment.
Password. You are responsible for maintaining the confidentiality of any password you may use to access the site or any portion thereof, and you agree not to transfer your password or screen name, or lend or otherwise transfer your use of or access to the site, to any third party. You are fully responsible for all activity that occurs in connection with your password or screen name. You agree to immediately notify us of any unauthorized use of your password or screen name or any other breach or attempted breach (whether actual or suspected) of security related to your account or the site, and to ensure that you “log off”/exit from your account with the site (if applicable) at the end of each session. We are not liable for any loss or damage arising from the use of your password or screen name.
Important note to children: before using the site or providing your name, address, email address, or any other personal information to anyone on the internet, be sure to ask your parents or guardians if it is okay.
Important note to parents: we do not knowingly collect the personal information of children who are below 13 years of age. If we believe a child using this site is under the age of majority in his or her jurisdiction of residence we will not process any personal information of that child without the consent of the parent or guardian.
Termination of ParticipACTION memberships. We reserve the right to terminate your ParticipACTION membership if we believe or suspect you are not in compliance with the terms, including, but not limited to, any rules of conduct or community standards contained herein or that we post on the site. Termination or reinstatement of your ParticipACTION memberships is in our sole discretion.
Any ideas, proposals, and/or other non-personal information submitted or collected on this site shall be considered non-confidential. By submitting information to this site, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at our sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.
You certify, represent and warrant that when using the site you will comply with all site applicable laws and regulations, including, without limitation, those relating to the internet, data, e-mail, messaging, privacy, and the transmission of technical data exported from canada or the country in which you reside.
Content. ParticipACTION assumes no obligation to update the content o nthis website. The content on this website may be changed without notice to you. ParticipACTION is not responsible for any content or information that you may find undesireable or objectionable. ParticipACTION disclaims any liability for unauthorized use or reproduction of any portion of the site.
Community standards/rules of conduct. While using the site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the site to respect the rights and dignity of others. Your use of the site is conditional on your compliance with the rules of conduct set forth in this section; if ParticipACTION believes or suspects that you are not in compliance with these community standards / rules of conduct, ParticipACTION may terminate your access to the site.
You agree not to:
Post, transmit, or otherwise make available, through or in connection with the site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, trojan horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about ParticipACTION without the proper authorization to do so.
You further agree not to:
- Use the site for any fraudulent or unlawful purpose.
- Use the site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the site.
- Impersonate any person or entity, including without limitation any site moderator or any representative of ParticipACTION or an affiliated entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the site, including without limitation by hacking or defacing any portion of the site.
- Use the site to advertise or offer to sell or buy any goods or services for any business purpose, without ParticipACTION’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the site.
- Remove any copyright, trademark or other proprietary rights notice from the site or materials originating from the site.
- Frame or mirror any part of the site or any software or service without ParticipACTION’s express prior written consent.
- Create a database by systematically downloading and storing site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather site content or reproduce or circumvent the navigational structure or presentation of the site.
Additionally, you acknowledge and agree that you (and not ParticipACTION) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the site, and paying all charges related thereto.
Forums. We may make available through the site a variety of interactive services, such as the ability to invite your friends to participate on our blog, and other interactive services. Any interactive services made available through the site that were not made available as of the “last updated” date above, shall automatically be deemed to be forums for purposes of these terms when they are first made available through the site.
Information in our forums or other portions of our site may be provided both by ParticipACTION staff and by third party visitors to the site. Please note that other site visitors may post messages or make statements in the forums or other portions of our site that are inaccurate, misleading, deceptive, or offensive. ParticipACTION and the affiliated entities neither endorse nor are responsible for any opinion, advice, information or statements made in the forums or any other portion of the site by site visitors and other third parties. Without limitation, ParticipACTION and the affiliated entities are not responsible for any information or materials made available through the forums or any other portion of our site wherein third party input is permitted (including without limitation errors or omissions in forum postings or links or images embedded in forum messages) or results obtained by using any such information or materials. Under no circumstances will ParticipACTION, the affiliated entities, or their respective employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the forums or other portions of our site wherein third party input is permitted reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of ParticipACTION or any affiliated entity.
In addition, ParticipACTION has no control over, and ParticipACTION and the affiliated entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any forum or any other part of the site. If you choose to make any of your personally identifiable or other information publicly available in a forum, you do so at your own risk.
License. For any materials you have submitted or submit at any point in the future through or to a forum or otherwise through the site (each, a “submission”), you grant to ParticipACTION and the affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you to: (a) use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such submission (including without limitation your voice or likeness as embodied in such submission), in any media now known or hereafter developed, and (b) sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing license shall survive termination of these terms for any reason. For each submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any submission), and that such submission (as applicable), and your provision thereof through the site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property rights or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each submission that you may have under any applicable law and/or under any legal theory, and agree not to seek to enforce any such rights against ParticipACTION, the affiliated entities and its and their sublicensees and assignees.
Monitoring. You acknowledge and agree that we have the right (but not the obligation) to do one or all of the following with all submissions that can be viewed by the public, at our discretion: (i) monitor submissions that appear on the public sections of our site; (ii) alter, remove, or refuse to post or allow to be posted or stored any submission; (iii) monitor and/or filter any of your communications through the site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any submissions or any communication through the site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the site; and we may do any of such acts for any of the following reasons or purposes: to protect ParticipACTION, the affiliated entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.
ParticipACTION’s proprietary rights. The services and software, and all of the content made available through the site, including, but not limited to, text and images (“content”), and all software used to make the site available, are and shall remain the property of ParticipACTION and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Except as otherwise expressly authorized in writing in advance by ParticipACTION, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the site, or any content made available through the site. Your use of any services, software and/or content, except as provided in these terms, without the written permission of the services, software and/or content owner is strictly prohibited.
License for use of site. Subject to your compliance with these terms, and solely for so long as you are permitted by ParticipACTION to access and use the site, you may: (a) access any content on the site that we provide you the right to access, and (b) use any software on the site that we provide you the right to use, in each case, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Certain software and/or content may be governed by an additional end user license agreement or “eula” to which you may be required to agree before using such software and/or content.
Trademarks. Any content that is a trademark, logo, or service mark is also a registered or an unregistered trademark of ParticipACTION or its licensors. The trade names, trademarks and service marks owned by ParticipACTION, whether registered or unregistered, may not be used in connection with any product or service that is not ParticipACTION’s. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of ParticipACTION’s trade names, trademarks or service marks without our express prior written consent. ParticipACTION reserves the right to aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
Third party web sites; links. The site may provide links to other web sites and online resources. Because ParticipACTION has no control over such sites and resources, you acknowledge and agree that neither ParticipACTION nor the affiliated entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through, or any purchases or other transactions made through, such sites or resources.
It is possible that other web sites will provide links to the site with or without our authorization. You acknowledge and agree that ParticipACTION and the affiliated entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
You agree that your use of third party web sites and resources, including without limitation your use of any content, information, data, advertising, products, or other materials on or available through such web sites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
ParticipACTION does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites or webpages, or social networking sites or accounts.
ParticipACTION shall have the right, at any time and in its sole discretion, to block links to the site through technological or other means without prior notice.
Disclaimer of warranties. The site and any software, services, content, products or materials or services or invitations from other members to join challenges or invitations from community hosts to any activities that made available through the site are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express, implied, statutory, or otherwise, including but not limited to, warranties as to uninterrupted or error-free operation, availability, accuracy, quality, completeness, currentness, reliability, timeliness, legality, suitability, privacy, or security. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including without limitation any reliance on the accuracy, completeness or usefulness of any software, services, content, products or materials available through the site. ParticipACTION and the affiliated entities disclaim all warranties with respect to the site and any software, services, content, products or materials (including without limitation third party products and services, obtained through or in connection with the site, to the fullest extent permissible under applicable law, including without limitation the warranties of title, merchantability, fitness for a particular purpose and noninfringement. ParticipACTION 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.
Limitations of liability. Neither ParticipACTION nor any affiliated entity, agents, licensors, suppliers, third parties engaged by ParticipACTION, or their respective directors, officers or employees, will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the site, the services, the content, or the software, or any third party products and services or social connections obtained through or in connection with the site, under any contract, negligence, strict liability or other theory, including without limitation damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties, howsoever caused, even if advised in advance of such damages or losses. In particular, and without limitation, neither ParticipACTION nor any affiliated entity will be liable for damages of any kind resulting from your use of or inability to use the site, any content posted on the site by ParticipACTION or any third party and/or any software, services, content, products or materials (including without limitation third party products and services) made available through or in connection with the site.
In no event will ParticipACTION, any affiliates entity, agents, licensors, suppliers, third parties engaged by ParticipACTION, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party social networking sites or accounts, websites or webpages; the internet backbone; cloud errors or problems; personal injury; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this website or the content; any other website or webpage, or social networking site or account, accessed to or from this website; or events beyond the reasonable control of ParticipACTION, even if ParticipACTION, any affiliate entity, or any of its lawful agents have been advised of the possibility of such damages or claim.
While ParticipACTION tries to maintain the integrity and security of the site and the servers from which the site is operated, ParticipACTION does not guarantee that the site will be or remain secure, complete or accurate, or that access to the site will be uninterrupted. The site may include inaccuracies, errors and materials or content that violates or conflicts with these terms. Additionally, it may be possible for third parties to make unauthorized alterations to the site.
Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The sole and exclusive maximum liability to ParticipACTION for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount paid by you, if any, to access and use the site.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
If you become aware of any unauthorized third party alteration to the site, contact us with a description of the material(s) at issue and the url or location on the site where such material(s) appear. At: 1205–77 bloor st. West, toronto, ontario, m5s 1m2, or (416) 913-1511.
Indemnity. You agree to defend, indemnify and hold harmless ParticipACTION and the affiliated entities, and their respective directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorney(s) fees) arising out of: (a) your use of, or activities in connection with, the site, the services, the content or the software; (b) any violation of these terms by you or through your account or using your screen name; or (c) any allegation that any submission or other materials that you make available or create through the site, the services, the content, or the software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Waiver: our failure at any time to require performance of any provision of this agreement or to exercise any right provided for herein will not be deemed a waiver of such provision, any other provisions, or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by ParticipACTION of any breach of any provision of this agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.
Termination. You agree that, notwithstanding anything to the contrary in these terms, ParticipACTION, in its sole discretion, may terminate your access to or use of the site, at any time and for any or no reason, including without limitation if ParticipACTION believes or suspects that you have violated or acted inconsistently with the letter or spirit of these terms. Upon any such termination, your right to use the site and the services will immediately cease. You agree that any termination of your access to or use of the site may be effected without prior notice, and that ParticipACTION may immediately deactivate or delete your user name and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither ParticipACTION nor any affiliated entity will be liable to you or any third party for any termination of your access to the site or to any such information or files, or will be required to make such information or files available to you after any such termination.
Jurisdictional issues. The site is operated by ParticipACTION and is not intended to subject ParticipACTION or any affiliated entity to the laws or jurisdiction of any territory other than the laws of canada. ParticipACTION does not represent or warrant that the site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, if and to the extent applicable.
Severability. These terms shall be deemed severable. In the event that any provision of the terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
We expressly exclude the un convention on contracts for the international sale of goods, and the international sale of goods act ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against ParticipACTION related to this site, the content, the services, the software, products of ParticipACTION, or these terms and, where, applicable, you also agree to opt out of any class proceedings against ParticipACTION, its affiliated entities, agents, or its licensors. We have required that this agreement and all documents relating thereto be drawn-up in english. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Enurement: this agreement shall inure to the benefit of and be binding upon each of ParticipACTION and you, and ParticipACTION’s and your respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement and having received a copy of this agreement.