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Terms of Service

1. ACCEPTANCE OF TERMS


Welcome to the website for Citizen Capitalism. By using the Citizen Capitalism website, you agree to both these Terms of Use and the terms of Citizen Capitalism’s Privacy Policy. Please click here to read our Privacy Policy.  These Terms of Use and the Privacy Policy may be updated by us from time to time without notice to you.  These Terms of Use apply to all users of the website, including users who are contributors of video content, information and other materials or services on the website.


2. DESCRIPTION OF SERVICE


Citizen Capitalism provides users with a chance to learn and share about choices we can each make to help create a better world (the “Service”). You understand and agree that the Service may include certain communications from Citizen Capitalism, such as service announcements, posts, administrative messages and other forms of communications. You are responsible for obtaining access to the Service and acknowledge that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.


3. REGISTRATION


In consideration of your use of the Service, you represent that you are of legal age to form a binding contract (or have the consent of a parent) and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration or other forms (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Citizen Capitalism has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Citizen Capitalism has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Citizen Capitalism is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must take responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.


4. PRIVACY POLICY


Registration Data and certain other information about you is subject to our Privacy Policy. We will not share or sell your email with another company without your permission. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Citizen Capitalism.


5. USER CONDUCT


You understand that all information, data, text, software, photographs, graphics, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Citizen Capitalism, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Citizen Capitalism does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Citizen Capitalism be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,  defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit or otherwise make available any Content which is a misrepresentation or falsehood that could cause damage to Citizen Capitalism or any other third party;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, national or international law, and any regulations having the force of law;
  • copy or distribute any part of the Service in any medium or manner inconsistent with these Terms of Use without the prior consent of Citizen Capitalism;
  • alter or modify any part of the website or Service;
  • “stalk” or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge that Citizen Capitalism may or may not pre-screen Content, but that Citizen Capitalism and its designees shall have the right (but not the obligation) to pre-screen, refuse, or remove any Content that is available via the Service. Citizen Capitalism shall have the right to remove any Content that violates the Terms of Use or which Citizen Capitalism views as objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Citizen Capitalism may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • comply with legal process;
  • enforce the Terms of Use;
  • respond to claims that any Content violates the rights of third parties;
  • respond to your requests for customer service; or
  • protect the rights, property or personal safety of Citizen Capitalism, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Citizen Capitalism and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.


6.  CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE


Citizen Capitalism does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Citizen Capitalism the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  • with respect to photos, graphics, or audio you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available;
  • with respect to Content other than photos, graphics, or audio you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.


7.  CONTRIBUTIONS TO CITIZEN CAPITALISM


By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Citizen Capitalism through its forums, suggestion or feedback webpages or emails, you acknowledge and agree that:

  • your Contributions do not contain confidential or proprietary information;
  • you will not contribute falsehoods or misrepresentations that could damage Citizen Capitalism or any third party;
  • Citizen Capitalism is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
  • Citizen Capitalism shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
  • Citizen Capitalism may have something similar to the Contributions already under consideration or in development;
  • your Contributions automatically become the property of Citizen Capitalism without any obligation of Citizen Capitalism to you; and
  • you are not entitled to any compensation or reimbursement of any kind from Citizen Capitalism under any circumstances.

Citizen Capitalism expressly disclaims any and all liability with respect to Content and Contributions.  Citizen Capitalism has the discretion to decide if Content or Contributions are appropriate and reserves the right to remove Content and Contributions from its website without notice.


8. INDEMNITY


You agree to indemnify and hold Citizen Capitalism and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content and/or Contributions that you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.


9. NO RESALE OF SERVICE


You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Citizen Capitalism login), use of the Service, or access to the Service.


10. GENERAL PRACTICES REGARDING USE AND STORAGE


You acknowledge that Citizen Capitalism may establish general practices and limits concerning use of the Service. You agree that Citizen Capitalism has no responsibility or liability for the deletion or failure to store any communications or other Content or Contributions maintained or transmitted by the Service. You acknowledge that Citizen Capitalism reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Citizen Capitalism reserves the right to modify these general practices and limits from time to time.


11. MODIFICATIONS TO SERVICE


Citizen Capitalism reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Citizen Capitalism shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


12. TERMINATION


You agree that Citizen Capitalism may, under certain circumstances and without prior notice, immediately terminate your access to the Citizen Capitalism Service. Cause for such termination shall include, but not be limited to:

  • breaches or violations of the Terms of Use or other incorporated agreements or guidelines;
  • requests by law enforcement or other government agencies;
  • a request by you;
  • discontinuance or material modification to the Service (or any part thereof);
  • unexpected technical or security issues or problems;
  • extended periods of inactivity; or
  • engagement by you in fraudulent or illegal activities.

Termination of your Citizen Capitalism account includes: (a) removal of access to all offerings within the Service, (b) deletion of your information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Citizen Capitalism’s sole discretion and that Citizen Capitalism shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.


13. LINKS


The Service may provide, or third parties may provide, links to other websites or resources. Because Citizen Capitalism has no control over such sites and resources, you acknowledge and agree that Citizen Capitalism is not responsible for the availability of such external 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 sites or resources. You further acknowledge and agree that Citizen Capitalism 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 site or resource.


14.  DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CITIZEN CAPITALISM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

2. CITIZEN CAPITALISM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR IS TRUE AND ACCURATE.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITIZEN CAPITALISM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


15. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITIZEN CAPITALISM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITIZEN CAPITALISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  • ANY OTHER MATTER RELATING TO THE SERVICE.


16. NOTICE


Citizen Capitalism may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, postings on the Service, or other reasonable means now known or hereinafter developed.


17. TRADEMARK INFORMATION


Any Citizen Capitalism logo, trademarks, service marks and/or other Citizen Capitalism logos and product and service names are the property of Citizen Capitalism (the “Citizen Capitalism Marks”). Without Citizen Capitalism’s prior permission, you agree not to display or use in any manner the Citizen Capitalism Marks.


18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT


Citizen Capitalism respects the intellectual property of others, and we ask our users to do the same. Citizen Capitalism may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


19. GENERAL PROVISIONS


Entire Agreement. The Terms of Use constitutes the entire agreement between you and Citizen Capitalism and governs your use of the Service, superseding any prior agreements between you and Citizen Capitalism with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Citizen Capitalism services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Use and the relationship between you and Citizen Capitalism shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

Waiver and Severability of Terms. The failure of Citizen Capitalism to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Citizen Capitalism account is non-transferable and any rights to your Citizen Capitalism login or contents within your account terminate upon your death.

Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.