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OUR FOOD FUTURE KITCHEN TABLE  TERMS OF USE

The Corporation of the City of Guelph (collectively, “we”, “us” or “our”) provides this website, and any services provided by or through this website, to you subject to these terms and conditions of use (collectively, the “Terms of Use”). These Terms of Use apply to your access to and use of the website at [url], including, without limitation, any tools, functionality, applications, bulletin and message boards, chat areas, private/direct message functions, news and events postings, forums, downloadable brochures and materials, video content and literature related to any of the foregoing (collectively, the “Website”).

Please read these Terms of Use carefully before using the Website. By accessing the Website you acknowledge you have read, understand, agree to and will adhere to the following Terms of Use.

If you do not understand or disagree with the Terms of Use, you must immediately stop using the Website and we encourage you to contact us at [email address]. [Idea Farm] is all about sharing knowledge, harvesting ideas, and building community connections, and we are happy to address any questions and to hear your comments and suggestions regarding use of our Website.

Privacy

These Terms of Use include  Our Food Future’s Privacy and Collection of Information policy which appear on the Website here.

What personal information we collect

Profile information

We collect information from you when you register to use this site. This includes your email address and additional demographic information as provided by you on the registration form.

Please note that you are able to browse any publicly accessible sections of this website completely anonymously without signing up.

Engagement information

The content you create as part of your interactions with this website. These can include responses to surveys, comments on discussion forums, or any of the other engagement opportunities available here.

Usage information

We collect information about your usage of the site, such as pages visited, documents downloaded, etc.

How we use the information we collect

We collect this information in order to:

  • analyse and interpret it to help meet our objectives and obligations;

  • communicate information to you about engagement opportunities, events and other initiatives; and

  • respond to enquiries and otherwise engage with stakeholders.

Kitchen Table is built on the platform Open Social. The Open Social platform is designed to be compliant with the EU’s General Data Protection Regulation and the principles of privacy by design. Detail on Open Social’s Privacy, Security and GDPR compliance details are available here.  

The Kitchen Table platform is hosted on Amazon Web Services cloud in Canada.

By visiting the Website you acknowledge and agree that the terms of our Privacy Policy are reasonable and you consent to the collection, use and disclosure of your personal information by us in accordance with the terms of reference and for the purposes set out in our Privacy Policy.

Changes to the Terms of Use and the Website

The Website will always be a work in progress as we make changes and improvements. We reserve the right to update and modify the Website and these Terms of Use from time to time, at our discretion. Revisions to our Terms of Use will be posted here [link] and any such modifications shall be effective immediately upon posting to the Website. It is important that you review these Terms of Use upon each use of the Website to ensure you are updated as to any changes. Your continued use of the Website following the publishing of updated Terms of Use means that you accept and agree to the revised Terms of Use.

License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal use, provided the Website is not modified or downloaded (other than page caching) unless expressly authorized by us, and subject to all limitations and conditions in these Terms of Use.

You are granted a limited, revocable, non-exclusive and non-transferable right to create a hyperlink to the Website, so long as the link does not portray The Corporation of the City of Guelph, or any of its affiliates, officials, employees, agents, representatives, programs, including the Website and any Content, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

Limitations of Use

Any unauthorized use of the Website is strictly prohibited. Any unauthorized use of the Website will terminate the license and all rights or permissions granted by these Terms of Use.

You are prohibited from any use of the Website or its Content that would constitute a violation of these Terms of Use or any applicable law, regulation, rule or ordinance, or that could give rise to any civil or criminal liability.

Unauthorized use of the Website and/or its Content may violate applicable copyright, trademark or other intellectual property laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Content on this Website. The use of any Content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Website or the Content, any derivative use of the Website or its Content; or any downloading or copying of information from the Website for the benefit of another person. You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data, without our express consent.

In addition to any other rights or remedies available to us, and without any liability whatsoever, we may, in our sole discretion, at any time and without notice, suspend, terminate or restrict user access to all or any component of the Website.

Username and Password

The Website or certain portions of it may be accessed by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.

All login names and passwords remain our property and may be cancelled or suspended at any time by us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Ownership and Intellectual Property Rights

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, articles, photographs, images, design, logos, buttons, icons, videos, audio clips, written posts and comments, scripts, source code, data compilations, and software and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Use, “Content” also includes all User Content (as defined below).

All Content and its compilation are protected by Canadian and international copyright and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws. You agree that the Content may not be used, copied, reproduced, altered, distributed, republished, displayed, posted or transmitted by you in any form or by any means without our express prior written consent, which may be withheld in our absolute discretion. You acknowledge that the Content is and shall remain our property and the property of our licensors. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

User Content and Content Standards

The Website contains content added, created, uploaded, submitted, distributed or posted to or through the Website, or to us in connection with the Website, by users (“User Content”), and also may contain bulletin and message boards, chat areas, private/direct message functions, news and events postings, personal or group web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit User Content on or through the Website.

User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk.

All User Content must be lawful, not “spam”, and clear of virus or other malware. Without limiting the foregoing, User Content must comply with the City of Guelph’s social media principles and guidelines found here [Note to draft: Hyperlink to https://guelph.ca/news/social-media/ and the forum policies and etiquette guidelines found here  and the following minimum standards (collectively, the “Content Standards”):

  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
  • Not be likely to deceive any person;
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization; and
  • Not give the impression that the user acts as an agent or representative of, or the content otherwise emanates from us or any other person or entity, if this is not the case.

We have a zero tolerance policy when it comes to objectionable content and reserve the right to monitor and edit or remove any activity or material or inactivate any account that appears to violate these Content Standards or Terms of Use or any guidelines for participating in an online discussion. However, please be advised that we do not undertake to review all User Content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Intellectual Property Rights to User Content

If you post or submit User Content, you grant us an irrevocable, non-exclusive, royalty-free, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or material world-wide. You irrevocably waive all moral rights to such User Content. You represent and warrant that you own or otherwise control all rights to any User Content posted or submitted and that your User Content does not violate the Content Standards or these Terms of Use and will not cause injury to any person or entity. You are invited to participate further in the implementation of any of your ideas, we may choose to enter into an agreement with you regarding intellectual property or other issues which will supersede these Terms of Use.

Links to Third-Party Sites and Software

The Website may contain links to websites controlled, owned, and operated by third parties not associated or affiliated with The Corporation of the City of Guelph (“third-party sites”). Links to third-party sites are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or information contained in the linked website, or of their security or privacy practices. We have no responsibility for the accuracy or availability of information provided on the third-party sites and make no representation or warranty regarding any third-party sites or their contents. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by these Terms of Use. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party sites or resources.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms of Use.

Limitation of Liability and Disclaimer

We expressly disclaim all representations or warranties of any kind, express or implied, regarding the Website and/or Contents, all of which are provided on an "as is" and “as available” basis. We do not warrant the accuracy, completeness, currency, reliability or suitability of the Website or any of the Content or data, and any other products or services offered on or through the Website, including without limitation, any implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade. This disclaimer applies to the maximum extent permitted by applicable law in jurisdictions that limit the exclusion of implied warranties.

We assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any Content, materials, data, text, images, video or audio from the Website.

Without limiting any other provision of these Terms of Use, you acknowledge and agree that we have no obligation whatsoever under these Terms of Use or otherwise to correct any defects or errors in the Website or any component of the Website (including, without limitation, the Content), regardless of whether you inform us of such defects or errors or we otherwise are, or become aware of, such defects or errors.

To the maximum extent permitted by applicable law, under no circumstances will The Corporation of the City of Guelph or any of our affiliates, officials, officers, employees and authorized representatives be liable for any loss, claim, or damages of any kind, including without limitation, general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, economic loss, lost profits, lost savings, business interruption or damages relating to data) of any kind whether in an action in contract, tort, negligence or any other legal theory, arising out of or relating in any way to the function, use or inability to use by any party any of the Content, the Website, or any third-party site to which the Website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, computer hacking, even if we or any of our representatives, are advised of the possibility of such damages, losses, or expenses. We are not liable for any defamatory, offensive or illegal conduct of any user. Your sole and exclusive remedy is to stop using the Website. If the foregoing limitation is found to be invalid, you agree that our total liability of for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless The Corporation of the City of Guelph and our affiliates, officials, officers, employees and authorized representatives from and against any loss, liability, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to legal and other professional fees, relating in any way to your use of the Website, the Content, your conduct in connection with the Website or in conjunction with other users of the Website, or any violation of the Terms of Use or of any law or infringement of the rights of any third party. This indemnification obligation will survive these Terms of Use and your use of the Website.

Termination

If you violate these Terms of Use or other policies and guidelines posted on this Website, your license to use the Website and the Content automatically and immediately terminates and you must immediately destroy any copies you have made of the Content.

Miscellaneous Terms

The Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and us with respect to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use and may not be amended or modified except by us as set out above.

There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms of Use, except as specifically set out herein or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Term of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.

No delay or failure by us in exercising any power, right or remedy or enforcing any of our rights under the Terms of Use shall be construed as a waiver of that power, right or remedy or any other rights in any way whatsoever. No waiver of any breach of any provision of these Terms of Use will be effective or binding unless made in writing and signed by us and, unless otherwise provided, will be limited to the specific breach waived and not to any other or subsequent breach.

If any provision of the Terms of Use is determined to be unlawful, void, or for any reason unenforceable, then such provision shall be severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use.

The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and you consent and submit to the non-exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, in all disputes arising out of or relating to the use of the Website and these Terms of Use.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Questions and Comments

We welcome any questions and comments at foodfuture@guelph.ca