ACCEPTANCE OF TERMS
SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES
When signing up to access certain features and/or services available on or through FoodRescue.ca, or to participate in certain activities available on or through FoodRescue.ca, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.
If you are assigned a username and/or a password for the purpose of accessing certain features and/or services available on or through FoodRescue.ca, or participating in certain activities available on or through FoodRescue.ca, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that the password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform us immediately.
You may be asked to suggest one or more usernames when you register with FoodRescue.ca. Please note that the assignment of a username to you is in our sole discretion. In addition, we may, at any time, change any username or password assigned by use to you. We will notify you if we do so.
USE OF FOODRESCUE.CA
You are permitted to download one (1) copy of any information or material available on or through FoodRescue.ca in order to view and interact with FoodRescue.ca.
As a condition of your access to, or use of, FoodRescue.ca, you agree that you will not:
(a) use FoodRescue.ca or any service or tool provided on or through FoodRescue.ca for a commercial purpose;
(b) seek to gain access to any portions of FoodRescue.ca that you are not authorized by us to access;
(c) use FoodRescue.ca to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to us;
(d) when posting any content to FoodRescue.ca, forge headers or otherwise manipulate other identifiers in order to create the impression that another person posted the content;
(e) use FoodRescue.ca to either directly or indirectly interfere with, disrupt or damage FoodRescue.ca, the server(s) on which it is hosted, the networks connected to them or any other user's access to FoodRescue.ca;
(f) access FoodRescue.ca through any automated means (for example, bots or web crawlers);
(g) access services or tools made available on or through FoodRescue.ca using an interface other than the one made available on FoodRescue.ca by us;
(h) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of:
(i) FoodRescue.ca; or
(ii) any software or technology used in connection with FoodRescue.ca or downloaded from FoodRescue.ca;
(i) violate any applicable local, provincial, state, national or international law or regulation; or
(j) collect or store personally identifying information about other users of FoodRescue.ca for any purposes unrelated to FoodRescue.ca or that are illegal or unlawful.
We reserve the right to communicate with you regarding your use of FoodRescue.ca. You consent to our use of any contact information that you provide to us in doing so. The content included in any such communication is deemed to be Content made available on FoodRescue.ca by us.
The contents of FoodRescue.ca, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos, trade names, or other information or materials contained on or through FoodRescue.ca is the "Content".
The Content includes information and materials contributed to FoodRescue.ca by or on behalf of us (the "Second Harvest Content") and materials contributed to FoodRescue.ca by Users of FoodRescue.ca ("User-generated Content").
You may retain a copy of any Content forming part of FoodRescue.ca solely for your personal use and records, provided that any marks, logos or other legends that form part of that Content are not removed from the copy. Otherwise, all rights in and to any item of Content are reserved by the contributor of that item. Consequently, you may not modify, publish, display, transmit, adapt, sell, license or in any way exploit any item of Content that you did not contribute, without the express prior written permission of the contributor of that item.
By submitting or sending Content to us or otherwise making it available for display on or through FoodRescue.ca, you acknowledge that the Content is your User-generated Content and you grant us a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-generated Content (in whole or in part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing us to administer, operate, display, distribute and promote FoodRescue.ca including but not limited to allowing other sites to link to Content on FoodRescue.ca. You acknowledge that we may need to do the following in order to operate, display or distribute FoodRescue.ca and you agree that we may do so: (i) transmit User-generated Content over various networks; and (ii) reformat User-generated Content.
You represent and warrant to and covenant with us that: (i) you have now and that you will continue to have all necessary rights and authority to grant the licenses set out in the preceding paragraph; and (ii) the User-generated Content that you contribute to FoodRescue.ca will not infringe any proprietary right of any third party. You also represent and warrant to use that any "moral rights" in and to any User-generated Content that you contribute to FoodRescue.ca have been waived and that we, and our successors and assigns, may rely on those waivers. With the exception of any User-generated Content that includes personal information, you agree that all User-generated Content that you contribute will not be considered confidential.
You should maintain a back-up copy of any User-generated Content that you contribute to FoodRescue.ca. In any event, we will not provide a copy of any User-generated Content to you. Additionally, we are not responsible for any User-generated Content that is lost or destroyed for any reason.
You agree that you will not post or upload to FoodRescue.ca or otherwise make accessible or transmit on or through FoodRescue.ca any User-generated Content or links to Content that:
(A) is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, disability, or any other basis of discrimination under applicable human rights or similar legislation;
(B) solicits from other users any passwords or personal information for commercial or unlawful purposes;
(C) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
(D) promotes illegal activity including without limitation the provision of instructions for any illegal activity;
(E) you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreement); or
(F) infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, and trade secrets of any party.
We assume no obligation to update the Content. We reserve the right to change any and all Content at any time without notice. We, and our licensors and suppliers, are not responsible for any Content other than Second Harvest Content.
With respect to Content, the person who contributes the Content to FoodRescue.ca is responsible for the Content. Consequently, we do not provide any representations, warranties or guarantees with respect to User-generated Content, its quality or its accuracy. Before using or relying on any User-generated Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: You are using it at your own risk. Additionally, views and opinions expressed in information or materials forming part of the User-generated Content do not necessarily represent our views and opinions, or the views and opinions of our licensors, suppliers or representatives.
We do not recommend or endorse any specific products, services, organizations, opinions or other information that may be described on FoodRescue.ca or any third party web site to which you can link from FoodRescue.ca.
You may not be able to access all of the Content made available on or through FoodRescue.ca. Some Content is made available to certain Users only. In addition, when a User posts Content to FoodRescue.ca, he or she may, in some instances, further restrict who can view that Content.
You agree not to link to any page forming part of FoodRescue.ca other than the home page without our prior written approval.
SCREENING, RESPONSIBILITY FOR CONTENT AND MONITORING
We may, but we are not obligated to, review any Content. Even if we did so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: Content accessible on or through FoodRescue.ca may include information or materials that are offensive or otherwise objectionable to you.
We reserve the right, in our sole discretion, to reject, refuse to post, remove or block access to any Content that is available on or through FoodRescue.ca at any time, without notice and without liability.
We reserve the right, in our sole discretion, to set limits on the amount of User-generated Content that you may contribute.
DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKED WEB SITES
We, Users or third parties may provide links to resources not forming a part of FoodRescue.ca. We have no control over such resources. You acknowledge and agree that we are not responsible for the availability of such external resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that we will 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 resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or through FoodRescue.ca, including 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 advertiser or other third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers or other third parties on FoodRescue.ca. Please note, if you provide any information to a third party (e.g. your contact information or credit card information), such information is collected by the third party and not by us, even if you made a purchase from a third party web site that was linked from or framed within FoodRescue.ca.
From time to time, you may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to FoodRescue.ca ("Feedback") to us. By providing any Feedback to us, you: (i) agree that the Feedback is not confidential; and (ii) assign all right, title and interest in and to the Feedback to us including all intellectual property rights. We are entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without any acknowledgment of or compensation to you.
Without limiting the preceding paragraph, we do not warrant that: (i) communications made using any tools available through FoodRescue.ca will be absolutely secure; or (ii) FoodRescue.ca or any Content: (a) will be available at all times; (b) will operate without errors; (c) defects or errors in the Content will be corrected; (d) will be accessible regardless of the hardware or software that you wish to employ to access it; (e) is absolutely secure, notwithstanding our use of commercially reasonable efforts to secure it; or (f) is free from viruses or other harmful code, notwithstanding our use of commercially reasonable efforts to identify and eliminate such code.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR REPRESENTATIVES, OUR LICENSORS, OR OUR SUPPLIERS, BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON FOODRESCUE.CA OR RECEIVED THROUGH ANY LINKS PROVIDED ON FOODRESCUE.CA. FURTHERMORE, WE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF FOODRESCUE.CA OR ANY SPONSOR OR ADVERTISER OF FOODRESCUE.CA.
INTELLECTUAL PROPERTY INFRINGEMENT
It is our policy to investigate and respond to claims of intellectual property infringement.
Notices of claimed infringement should be directed to:
1450 Lodestar Road, Unit 18, North York, Ontario, Canada, M3J 3C1.
Attention: Lori Nikkel
Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.
Names, phrases, words, titles, logos, icons, graphics, images or designs used throughout FoodRescue.ca and the Content may be trade names, registered or unregistered trademarks or services marks (the "Marks") of us, our licensors, or other entities and individuals. The Marks are protected by Canadian and international trademark and other laws. Any use of any of the Marks without the express consent of the owner of the Mark is strictly prohibited.
We reserve the right, in our sole discretion, to change or modify FoodRescue.ca from time to time including but not limited to adding or removing functionality or features or changing its name. We may change FoodRescue.ca without prior notice to you.
1450 Lodestar Road, Unit 18, North York, Ontario, Canada, M3J 3C1.
Attention: Lori Nikkel
Please put "Notice of Violation" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the alleged violation.
TERM AND TERMINIATION
We thank you for visiting our website and we hope you will make the most of the opportunity to rescue food and build strong communities!
If you have any questions about FoodRescue.ca, please contact Lori Nikkel, CEO, at 416-408-2594.
Last Update: January 8, 2019