This is a legally binding agreement between Civil Space (the “Company” or “we”) and you (the “User” or “you”) in relation to your use of the Company’s constituent engagement cloud-hosted software (the “Engagement Tool”). Civil Space’s engagement Tool is an online resource by which your municipality, governing organization, or other governing body, as applicable (the “Governing Body”), can engage with you to enable consultation, involvement, and collaboration.
Disclaimer of Warranties
The Engagement Tool is provided by the Company on an “as is” basis. The Company makes no representations or warranties, expressed or implied, regarding: the results of the Engagement Tool in terms of its correctness, accuracy, reliability, or otherwise; the fitness of the Engagement Tool for a particular purpose; or that the Engagement Tool will be suitable or appropriate for the specific requirements of the User.
The Company does not warrant that use of the Engagement Tool will be uninterrupted or error-free. The User accepts that software in general is prone to bugs and flaws, and the Company makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Engagement Tool by any third party, or concerning any damage of any kind incurred resulting from use of the Engagement Tool.
Acknowledgement of Risks
Users of the Engagement Tool acknowledge the risks associated with transmitting data over the Internet and the risks of providing such information in an application such as the Engagement Tool. Users acknowledge that despite the Company’s reasonable commercial efforts, security flaws may be found and exploited due to the nature of the Internet. Users, recognizing this risk, shall take all appropriate actions as to limit personal identifiable information from being posted on the Engagement Tool and release the Company and its parties from all liability resulting from the release of such information.
Use of Information
The User acknowledges that the Engagement Tool collects and sends User Data (hereinafter defined) posted on, transmitted through, or linked from the Engagement Tool to the Company and to the Governing Body, and that the User is and will remain the owner of such content. The User hereby consents to the Company’s collection and use of such aggregate information, and grants to the Company, and its affiliates, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any data, content, and other information made available by the User in connection with the User’s use of the Engagement Tool (the “User Data”). This licence survives even if the User stops using the Engagement Tool, and the User is responsible for obtaining the necessary rights from all applicable rights holders to grant this licence.
Limitation of Liability
The User agrees that the Company shall not be liable for any direct, indirect, general, special, incidental or consequential damages whatsoever, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, including, but not limited to, damages incurred for injury, death, damage, loss of property, loss of production, loss of profits, loss of revenue, loss of data, loss of privacy, loss of use of any computer or software including the software, business interruption, or any other business or economic loss suffered by the User arising out of the use, or in any way related to, the Engagement Tool. In no event shall the liability of the Company exceed the amount paid by the User, or if no amount was paid directly by the User, five dollars ($5.00) CAD.
The User agrees to indemnify and save harmless the Company, its successors, assigns, agents, servants, employees, volunteers, members, officers, and directors, of and from any and all claims, demands, actions, causes of actions, judgments, orders, penalties, losses, demands, damages, costs and expenses, including legal fees on a solicitor and own client basis, of every nature and kind, known or unknown, either past, present or future, including any reasonable amounts that may be required in the opinion of the Company to settle such claims, attributable to any injury, death, damage or loss of property arising or alleged to arise from the User’s use of the Engagement Tool, except to the extent that the injury, damage, or loss has been caused by the gross negligence of the Company, its employees or agents.
Modifications and Interruption to Engagement Tool
The Company reserves the right to modify or discontinue the Engagement Tool with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Engagement Tool. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Engagement Tool and operation of the Engagement Tool may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
Disclaimer Regarding Information Provided by Users
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“User Content”) posted on, transmitted through, or linked from the Engagement Tool, are the sole responsibility of the person from whom such User Content originated. You are entirely responsible for all User Content that you post or otherwise make available via the Engagement Tool. You understand that the Company does not control, and is not responsible for, User Content made available through the Engagement Tool.
The Company takes no responsibility and assumes no liability for your conduct in connection with the Engagement Tool.
You acknowledge that the Company does not pre-screen or approve User Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content posted on the Engagement Tool for any reason, including to maintain the integrity of the Engagement Tool. You agree not to use the Engagement Tool to transmit any User Content that contains pornography, infringes upon a copyright, or violates applicable state, federal, provincial or international laws, regulations or other government requirements.
The Company can make no representations or warranties as to the accuracy or reliability of any information provided on the Engagement Tool. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any User who posts content on the Engagement Tool, and you acknowledge that any reliance on representations and warranties provided by any User shall be at your own risk.
You, the user, assume all responsibility and liability for the security of information you enable to be entered into the Engagement Tool. The security recommendations of the Company are:
The use of profile photos anywhere in the Engagement Tool is not required and not recommended.
Change passwords on a weekly basis.
Ensure that passwords are longer than 7 characters and include alpha and numeric characters.
Logout of the Engagement Tool after each use.
Governing Jurisdiction and Choice of Law
The User agrees to submit to the jurisdiction of the courts of the Province of British Columbia, and the country of Canada, as applicable, for any dispute arising from this Agreement or use of the Engagement Tool. This Agreement and any dispute connected in any way shall be governed by the laws of the Province of British Columbia and/or the country of Canada.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Engagement Tool in any way that violates applicable provincial, federal, state or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All copyrights, trademarks and other intellectual property rights (including, but not limited to, images appearing in the Engagement Tool and screen displays as well as any and all documentation relating to the Engagement Tool) in and to the Engagement Tool are owned by the Company. Any use of materials on the Engagement Tool, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of the Company is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of the Company.
Limited Licence for Use
Unless otherwise specified, the content on the Engagement Tool is for your applicable municipality, organization, and/or governing body and non-commercial use. You are granted a limited licence to access the Engagement Tool for that purpose only.
If you breach any of this Agreement, your authorization to use the Engagement Tool automatically terminates.
Links from Other Sites
If you would like to link to the Engagement Tool, you may only do so on the basis that you only link to the Engagement Tool, subject to the following conditions:
You may not in any way imply that Civil Space is endorsing any products or Engagement Tools other than its own, misrepresent your relationship with Civil Space, or present any other false information about Civil Space. Additionally, you may not represent that you or your organization has a relationship with Civil Space or any of the events, products or Engagement Tools that Civil Space provides unless that relationship is the subject of a written agreement signed by Civil Space.
You agree that Civil Space assumes no liability or responsibility whatsoever for any content of any website that links to Civil Space’s Site or is linked to from Civil Space’s Site.
Civil Space reserves the right to revoke your right to link to the Site at any time and for any reason. You agree to fully indemnify Civil Space for any loss or damage suffered by Civil Space, its licensors, officers, directors, employees, other third parties mentioned at this Site, or agents of any of them for breach of this “Links from Other Sites” clause.