User Agreement – English
COLLABORASE USER AGREEMENT
Last Updated: April 18, 2013
This Agreement sets forth the terms and conditions that govern your access and use of the websites collaborase.com and interactiveleader.com and related Internet media properties owned or operated by Interactive Leader (“Interactive Leader”) and its affiliates and subsidiaries (collectively the “Site”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.
INTERACTIVE LEADER MAY MODIFY, REPLACE AND/OR SUPPLEMENT THIS AGREEMENT AT ANY TIME. IT WILL NOTIFY ALL REGISTERED USERS VIA E-MAIL OR MESSAGE POSTED TO THEIR USER ACCOUNT WHEN A NEW USER AGREEMENT IS ISSUED. YOU AGREE TO BE SOLELY RESPONSIBLE TO REVIEW THE NEW USER AGREEMENT. FOLLOWING SUCH NOTIFICATION, YOU AGREE THAT YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF YOU DO NOT AGREE TO THE NEW USER AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.
This Agreement includes Interactive Leader’s Privacy Policy, which is incorporated into this Agreement in its entirety by reference, and to which you are indicating your agreement and acceptance to be bound by the provisions thereof by way of your use of the Site.
Language
It is the express wish of the Parties that the Agreement and all related documents have been drawn up in English and that the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement. C’est la volonté expresse des Parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Definitions
Service: Means the online service that is provided on the Site, located at https://collaborase.com, or alternate website as designated by Interactive Leader.
User: The term “User” shall mean any individual that accesses the Service. Every user wishing to use the Service must agree to the User Agreement in order to access the system.
“We”, “Us” or “Our”: Means Interactive Leader, the company who provides the Site and with whom you are accepting this Agreement.
“You” or “Your”: Means yourself, the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.
“Your Data”: Means all electronic data or information submitted by You to the Service.
1. Copyright, Licenses and Idea Submissions
You acknowledge that Interactive Leader and its licensors own all right, title, and interest in: (a) the Service; (b) any Interactive Leader software provided in connection with the Service; and (c) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by Interactive Leader in connection with the Service (the “Marks”). YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE, OTHER THAN IN COMPLIANCE WITH THIS AGREEMENT.
You agree not to change or delete any copyright or proprietary notices within any materials on the Site. Any material printed or downloaded by you from the Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by Interactive Leader, by way of a single-use, non-transferable, revocable license. Printing or downloading the material does not transfer title of the material, or in any intellectual property rights therein, to you. You may not redistribute or sell the material.
You are welcome to send suggestions on improving the Service, but in doing so, you acknowledge and agree that such suggestions will become the property of Interactive Leader, and Interactive Leader has no obligation to compensate you for such suggestions.
You agree that you shall have no recourse against Interactive Leader for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Interactive Leader.
Interactive Leader may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes.
2. Trademarks
“Interactive Leader”, “Collaborase” and/or any other names of Interactive Leader, or its websites, seminars, conferences, events, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Interactive Leader, including the “look” and “feel” of the Site, its color combinations, layout, and all other graphical elements. Any use of Interactive Leader’ trademarks is strictly prohibited without the express permission from Interactive Leader. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Content
Your Content: You may upload Content to the Service in connection with your use of the Service. Interactive Leader does not verify, endorse, or claim ownership of any of this Content, and you retain all right, title, and interest in and to the Content (for which you are legally entitled). Any Content you upload to a location that is sponsored (owned) by another entity, and unless alternate arrangements are made directly with that entity, you are granting that entity a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, reformat, translate, excerpt, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services).
Your Content is stored on Interactive Leader’s servers at your request or the request of an Appointee, as necessary for Interactive Leader to provide the Service and in accordance with Interactive Leader’s then-current storage policies. You are solely responsible for Content including making and keeping back up copies of Content. Interactive Leader has no responsibility or liability for the deletion or accuracy of Content, the failure to store, transmit or receive transmission of Content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. Certain Features of the Service enable you to specify the level at which such Service restricts access to your Content. You are solely responsible for applying the appropriate level of access to your Content.
Interactive Leader Access to Content: You acknowledge that the Service is automated (e.g., Content is uploaded using software tools) and that Interactive Leader personnel will not access, view, or listen to any Content, except as reasonably necessary to perform the Service, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Interactive Leader in good faith to conform to legal requirements or comply with legal process; or (d) enforce this Agreement, including investigation of potential violations hereof, as further described in Section 5 (Investigations).
If you believe access to your content was disabled or removed by Interactive Leader as a result of an improper copyright infringement notice, please provide notification to Interactive Leader’s Copyright Agent (contact information below) and provide relevant information to be reviewed, such as, identification of the content that you suspect was removed and your contact information.
Notification of Copyright Infringement: Interactive Leader respects intellectual property rights and expects its users to do the same. Interactive Leader will respond to clear notices of copyright infringement, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and making good-faith attempts to contact the user who posted the content at issue so that they may, where appropriate, make a counter-notification.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Service, or on sites linked to or from the Service or in connection with the Service, please provide notification of claimed copyright infringement to Interactive Leader’s Copyright Agent (contact information below) and provide relevant information to be reviewed, such as:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the Service;
- Information sufficient to permit Interactive Leader to contact you, such as your physical address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before you file such a notification, please carefully consider whether or not the use of the copyrighted content at issue is protected by the ‘fair use’ doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted content constitutes infringement, please contact an attorney before you file your notice.
Interactive Leader’s Copyright Agent:
Interactive Leader
Attention: Copyright Agent
136 Clarence Street
Ottawa ON
Canada K1N 5P8
Phone: (613) 241-7000
Email: legal@interactiveleader.com
Fax: (613) 241-8008
4. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Interactive Leader, Interactive Leader does not operate, control or endorse any information, products or services on the Internet in any way. Except for Interactive Leader identified information, products or services, all information, products and services offered through the Site are offered by third parties that are not affiliated with Interactive Leader. You also understand that Interactive Leader cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Interactive Leader offers a search feature within the Site. Interactive Leader explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Interactive Leader also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will NOT:
a) Infringe or violate the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Interactive Leader, or any rights of publicity or privacy of any party;
b) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another’s right of privacy or publicity;
c) Impersonate any person or entity, including but not limited to, an Interactive Leader official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Post or transmit any Material that you do not have a right to reproduce, display or transmit, by reason of any law or due to a contractual or fiduciary relationship (such as a non-disclosure agreement);
e) Post or transmit any Material that is harmful to minors;
f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users;
h) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise, including those regarding employment and contracting;
i) Violate any applicable local, provincial/state, national or international law (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising);
j) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k) Remove, delete or change Material on the Site posted by Interactive Leader or by any other person or entity, without the prior permission from Interactive Leader;
l) Manipulate or otherwise display the Site by using framing or similar navigational technology;
m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Interactive Leader product or service if you are not expressly authorized by such party to do so;
n) Use the Site to advertise or sell any goods or services without the prior approval of Interactive Leader;
o) Do anything that might damage the functionality and security of Interactive Leader;
p) Allow any third party to have access to or use the Site through your account, for any reason;
q) Publicly disclose content from the Site for which you are not authorized;
r) Distribute, sublicense, sell, assign or otherwise transfer Interactive Leader software, services and/or documentation or part thereof, whether on its own or embedded in any other application; and
s) Copy, change, adapt, supplement, disassemble, reverse engineer, create derivative works from, translate or otherwise take or combine Interactive Leader software, services and/or documentation with other software, services or documentation, except permitted by this agreement or by written permission from Interactive Leader.
In connection with your use of the Site, you agree that you will:
a) Maintain your user account information accurate and complete, and report and update changes in a timely manner;
b) Maintain login information secret and not allow others to use it, including using a password of a reasonable security level so as to avoid theft;
c) Be solely responsible for verifying and satisfying yourself as to the identity of other users;
d) Be solely responsible for any content you upload, transmit, publish or share in any way on the Site;
e) Be solely responsible at your own cost and expense to keep backup copies of any of your content on the Site;
f) Be solely responsible at your own cost and expense, for obtaining and maintaining all Internet service, computer hardware and other services and equipment required for access and use of the Site;
g) Report to Interactive Leader any activities on the Site which violate applicable laws and/or this Agreement;
h) Comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or whatever country in which you reside.
You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
You agree that at the sole discretion of Interactive Leader, and for any reason and without notice, Interactive Leader may delete, remove or suspend any user content, including if the data, item or information is illegal or if its disclosure or display is illegal. Further, Interactive Leader may suspend or revoke your access to the Site if you are in breach of this Agreement.
5. Investigations
Interactive Leader does not generally monitor user activity occurring in connection with the Service. If Interactive Leader becomes aware, however, of any possible violations by you of Section 3 (Content) or Section 4 (Use of the Site), or any other provision of this Agreement, Interactive Leader reserves the right to investigate such violations, and Interactive Leader may, at its sole discretion, terminate immediately your license to use of the Service or change, alter or remove Content, in whole or in part, without prior notice to you. If, as a result of such investigation, Interactive Leader believes that criminal activity has occurred, Interactive Leader reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Interactive Leader is entitled to the extent prohibited by applicable law, to disclose any information, including Information, about you in Interactive Leader’s possession in connection with your use of the Service to law enforcement or other government officials, as Interactive Leader in its sole discretion believes to be necessary or appropriate.
You agree to indemnify and hold Interactive Leader harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from your Content, the Content of any other Users, and your or any User’s use of the Service, including any use that violates this Agreement.
6. Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. INTERACTIVE LEADER PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE, AND INTERACTIVE LEADER SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE. The foregoing provisions are for the benefit of INTERACTIVE LEADER and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Availability, Changes to Services
You acknowledge and agree that it is not technically feasible to achieve availability of the Site at all times without interruption. You acknowledge and agree that there is the potential for software maintenance, software development, ‘Acts of God’, Force Majeure, equipment failures, or utility failures that might cause an interruption in availability or cause malfunction, and that as such Interactive Leader will not be responsible for any damages whatsoever arising from such interruption or malfunction.
At any time, Interactive Leader reserves the right at its sole discretion to change the software, merchandise, information, services, transactions and/or materials offered by Interactive Leader and/or to offer software, merchandise, information, services, transactions and/or materials different from those offered at the time of your registration.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL INTERACTIVE LEADER BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF INTERACTIVE LEADER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. IN THE EVENT THAT A PROVINCE OR A STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INTERACTIVE LEADER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notwithstanding anything to the contrary contained herein, our liability to you as a non-paying user of the service for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $1 CDN.
9. Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless Interactive Leader, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site, including without limiting the generality of the foregoing, against claims by users or third parties against Interactive Leader based on: (i) infringement of their rights by content you posted on the Site; (ii) breach of applicable laws.
10. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Interactive Leader shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
11. Links
The Site may provide, or third parties may provide, links to non-Interactive Leader Internet websites or resources as a convenience to you (“Third-Party Sites”). Because Interactive Leader has no control over such websites and resources, you acknowledge and agree that Interactive Leader is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Links to Third-Party Sites are not endorsements by Interactive Leader of such Third-Party Sites. You further acknowledge and agree that Interactive Leader shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
12. Site Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or posting. Violations of system or network security may result in civil or criminal liability. Interactive Leader will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
13. Cookies Use
The Site uses two different kinds of cookies. Firstly, a session cookie to keep track of authenticated users. Without this cookie the user would need to login on every request made by the user. For example when a user clicks a button or link (e.g. views the Dashboard, edits content, posts a comment), then the user would have to login for each request. The session cookie stores who the user is and that the user is already authenticated with the Site. In addition, the session cookie tracks which language setting the user has selected, as well as the most recent five Products the user accessed to create the Product list on the Dashboard for the user. If the user turns off cookies in their internet browser settings, then the user would not be able to use the Site. The session cookie exists only for the session the user is in. When the user logs out or closes their internet browser, then the session cookie is deleted. The second type of cookie is for the “Remember Me” feature available to users on the login page. This cookie is only used if the user clicks the “Remember Me” checkbox, and so this cookie does not necessarily exist for every user. This cookie stores a special code that is associated with the user’s account and allows a previously authenticated user to re-access the Site even after closing their internet browser and re-opening it. If a “Remember Me” user deletes this cookie, then the user would have to login again the next time they want to access the Site. Unless the user turns off cookies, this would be a permanent cookie and exist across sessions in the Site.
14. Miscellaneous
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Courts of the Province of Ontario will have exclusive jurisdiction in connection with any matter, action or proceeding between Interactive Leader and you for any purpose concerning the Site or this Agreement or the parties’ obligations hereunder. This Agreement, together with the Privacy Policy and Subscription Agreement (if such an agreement was entered into) contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. If any provision of this User Agreement is determined to be invalid, such invalid provision does not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
Any cause of action or claim you may have with respect to the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. Interactive Leader’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right, and no waiver of any breach of this agreement shall constitute a waiver of any other or subsequent breach. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Interactive Leader may assign its rights and duties under this Agreement to any party at any time without notice to you. Section headings in the User Agreement are for convenience only and have no legal or contractual effect. Notices may be delivered to Interactive Leader by regular mail or by e-mail to the location specified above.
Any rights not expressly granted herein are reserved. Copyright 2013 Interactive Leader