ACCEPTANCE OF TERMS
Alberta Treasury Branches ("ATB" or “ATB Financial”) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
DESCRIPTION OF SERVICE
wearealberta.ca offers members the opportunity to participate in community sharing. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features, are subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ATB assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Alberta or Canada. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATB 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).
Registration Data and certain other information about you is subject to ATB’s Customer Privacy Code, our privacy statement, applicable privacy legislation, and any subsequent written agreement between you and ATB Financial. For more information, see our full Customer Privacy Code. You understand that through your use of the Service you consent to the collection of this information, only as permitted by the Customer Privacy Code. The ATB username associated with your account is the property of ATB or its affiliates, and is not your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration for an ATB username, you will select a password and ATB username. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify ATB of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. ATB will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and expressly consent to ATB accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process including any applicable privacy legislation; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ATB, its users and the public.
You agree to indemnify and hold ATB and its affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ATB may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on ATB's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ATB has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ATB reserves the right to log off accounts that are inactive for a certain period of time as determined by ATB. You further acknowledge that ATB reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
ATB reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ATB will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION AND RECYCLING OF ACCOUNTS
You agree that ATB, in its sole discretion, may terminate your account or any part thereof, including any associated email address or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if ATB believes that you have violated or acted inconsistently with the letter or spirit of the TOS, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; and (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud. ATB may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that ATB may immediately deactivate or delete your account and all related Content (including without limitation email messages and photos) associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that ATB is not liable to you or any third-party for termination of your account (including any associated email address), or termination of your access to the Service. As ATB usernames and the related passwords are the property of ATB, upon termination of your account the ATB username previously associated with your account will become available to other ATB users to select as their ATB username.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ATB has no control over such sites and resources, you acknowledge and agree that ATB 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 ATB is not 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.
ATB PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree not to access the Service by any means other than through the interface that is provided by ATB for use in accessing the Service.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATB EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) ATB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATB SHALL NOT BE LIABLE 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 ATB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
ATB and the ATB logo, ATB Financial, Where there’s a way and other ATB logos and product and service names are trademarks of ATB (the "ATB Marks") used by ATB in Canada. You agree not to display or use in any manner the ATB Marks.
Entire Agreement. The TOS constitute the entire agreement between you and ATB and govern your use of the Service, superseding any prior agreements, oral or written, between you and ATB with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain ATB services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and ATB shall be governed by the laws of the province of Alberta and Canada without regard to its conflict of law provisions. You and ATB agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Alberta, Canada.
Waiver and Severability of Terms. The failure of ATB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ATB account is non-transferable and any rights to your ATB username or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as ATB may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
ADDITIONAL RULES APPLICABLE TO WeAreAlberta.ca
- Wearealberta Website
- These Terms of Service apply to all users of the Wearealberta.ca Website, including users who are also contributors of written, visual or audio information, and other materials or services on the Website. The Wearealberta.ca Website includes but is not limited to all products, software and services offered via the website.
- The Wearealberta.ca Website may contain links to third party websites that are not owned or controlled by Wearealberta.ca. Wearealberta.ca has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Wearealberta.ca will not and cannot censor or edit the content of any third-party site. By using the Wearealberta.ca Website, you expressly release Wearealberta.ca from any and all liability arising from your use of any third-party website, whether caused by the negligence of Wearealberta.ca or otherwise.
- General Use of the Website—Permissions and Restrictions Wearealberta.ca hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Wearealberta.ca prior written authorization.
- You agree not to alter or modify any part of the Website or any of its related technologies.
- You agree not to access User Submissions (defined below) or Wearealberta.ca Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Wearealberta.ca may designate.
- You agree not to use the Website for any commercial use, without the prior written authorization of Wearealberta.ca. Prohibited commercial uses include any of the following actions taken without Wearealberta.ca's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Wearealberta.ca Website or any third-party website, targeted to the content of specific User Submissions or Wearealberta.ca Content; and
- any use of the Website or its related services that Wearealberta.ca finds, in its sole discretion, to use Wearealberta.ca’ resources or User Submissions with the effect of competing with or displacing the market for Wearealberta.ca, Wearealberta.ca Content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
- Prohibited commercial uses do not include
- any use that Wearealberta.ca expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Wearealberta.ca servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Wearealberta.ca grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wearealberta.ca reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- Wearealberta.ca reserves the right to discontinue any aspect of the Wearealberta.ca Website at any time.
- Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Wearealberta.ca Website.
- The content on the Wearealberta.ca Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Wearealberta.ca, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wearealberta.ca reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Wearealberta.ca Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Wearealberta.ca on the Wearealberta.ca Website for that User Submission.
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Wearealberta.ca Website. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Wearealberta.ca Website or otherwise as prohibited under this Agreement.
- You may access Wearealberta.ca Content, User Submissions and other content only as permitted under this Agreement. Wearealberta.ca reserves all rights not expressly granted in and to the Wearealberta.ca Content and the Wearealberta.ca Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, or any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Wearealberta.ca Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Wearealberta.ca Website or the Content therein.
- You understand that when using the Wearealberta.ca Website, you will be exposed to User Submissions from a variety of sources, and that Wearealberta.ca is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wearealberta.ca with respect thereto, and agree to indemnify and hold Wearealberta.ca and all of its servants, agents, employees, contractors, licensors and those persons for whom it is at law responsible, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- Your User Submissions and Conduct
- As an Wearealberta.ca content contributor you may submit video content ("User Videos"), audio content (“User Audio”) and textual content (“User Stories” and "User Comments"). User Videos, User Audios, User Stories, and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Wearealberta.ca does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wearealberta.ca to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Wearealberta.ca, you hereby grant Wearealberta.ca a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Wearealberta.ca Website and Wearealberta.ca's (and affiliates') business, including without limitation for promoting and redistributing part or all of the Wearealberta.ca Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Wearealberta.ca Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree that Wearealberta.ca may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wearealberta.ca and all users of the Wearealberta.ca Website all of the license rights granted as set out herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Wearealberta.ca’s mandate, found at http://www.edmontonstories.ca/about., which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Further submission guidelines may be found in Wearealberta.ca’s Submission Process, found at http://www.wearealberta.ca.
- Wearealberta.ca does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Wearealberta.ca expressly disclaims any and all liability in connection with User Submissions. Wearealberta.ca does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Wearealberta.ca will remove all Content and User Submissions if properly notified and satisfied that such Content or User Submission infringes on another's intellectual property rights.
- Wearealberta.ca reserves the right to remove Content and any User Submissions or portions thereof from the Wearealberta.ca Website at any time, without prior notice and at its sole discretion, and you agree to hold Wearealberta.ca harmless in the event of such removal of Content or User Submission.