1. The Services. The HAPY services allow users to learn more about how new arrivals to Canada, such as immigrants, visitors and refugees, are integrating into Canadian society. Users can engage with one another within closed user groups and/or the Internet community more generally through the Website, as well as learn about Canadian society through means made available for purchase on the Website (collectively, the “Services”): (1) products that are not customized, such as artwork, e-books, print books and/or printed magazines (the “Non-Customized Work”); (2) products that are customized, such as posters, postcards, graphic designs and illustrations (the “Customized Work”); and (3) personalized services, such as consultation on theatre products and speaking engagements (the “Personal Services”). While Users can view all or parts of the Website without being registered, those who wish to start creating or contributing content to the Website and/or those who wish to purchase products must be registered Users.
2. User Registration. In order to contribute content to the Website, including being able to post comments about articles or contribute to forum discussions, you must register for the services and create a user account. In order to register for an account, you must provide your first and last name, email address and choose a password. You also have the option to include when you came to Canada, your country of origin, whether you spoke an official language of Canada when you moved to Canada, age, and whether you have children, grandchildren, or other dependents. Please select a strong password, keep it secure and do not share it with any other person. HAPY will not be liable for any damages, losses, claims or expenses to you or your account, including the compromise of any credit card data or other payment information, caused as a result of unauthorized access to or use of your account. If you suspect that your account has been compromised, please contact us immediately.
3. Content. All information, data, text, commentary, forum discussions, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not HAPY, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. HAPY does not control and may not actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will HAPY be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
4. Conduct Guidelines. In using the Services, you agree that you will:
a. provide, true, complete and accurate information when registering and keep such information up to date;
b. treat the other Users of the Website and Services with whom you interact with respect and not engage in any conduct which is threatening, harassing, discriminatory or otherwise harmful to other users or third parties, or do anything that breaches the User restrictions set forth in section 5, below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 5 below;
c. agree not to upload any content to any User forums, or make any comments that are harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
d. act honestly and in good faith and in a manner that will not harm the goodwill or reputation of HAPY; and
e. comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with HAPY.
HAPY reserves the right to terminate your access to and use of the Website and Services at any time for breach of the foregoing conduct guidelines.
In using the Website, and/or Services You shall not:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
v. 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
g. collect or store personal data about other users or viewers;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services; or
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
6. License of Content. By submitting, posting or displaying User Content on or through the Website and/or Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. HAPY will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
7. HAPY License to Content. Except for User Content, this Website and Services, as well as the information and materials that they contain, are the property of HAPY and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, HAPY grants you (a) a non-transferable, non-exclusive, license to use the Website and Services for your use; and (b) a non-exclusive, non-transferrable, non-assignable, royalty-free license to copy, display and reproduce (but not to modify or create derivative works of) any art or imagery or other copyright protected works appearing on the Website for non-commercial purposes only, provided that you properly attribute the author by visibly identifying the author as the creator of the work, and provide a URL or link to the page on the Website where the work appears (the “License”). Nothing in the Terms gives you a right to use the HAPY names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. If you wish to use the HAPY name or logo on your Website, please contact us at iwona(at)hapy(dot)ca, that is email@example.com. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Services. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of these Terms.
8. Feedback. If You provide HAPY with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services (“Feedback“), HAPY may use such Feedback in the Website and/or Services or in any other HAPY products or services (collectively, “HAPY Offerings“). Accordingly, You agree that: (a) HAPY is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to HAPY, (c) HAPY (including all of its successors and assigns and any successors and assigns of any of the HAPY Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any HAPY Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from HAPY or any of the other users of the Website or Services in respect of the Feedback.
9. Advertising. You acknowledge and agree that the Website and/or Services may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that HAPY shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and/or Services and acknowledge that such access may involve third-party fees (such as Internet service provider access, data fees or postage fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website and/or Services. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
10. Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by HAPY. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by HAPY of that third party, third party product or service. HAPY is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website and/or Services are subject to the terms and conditions of those websites and/or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or Services of a link to any other website(s) does not imply that HAPY endorses or accepts any responsibility for the content or use of such websites, and You hereby release HAPY from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
11. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” HAPY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HAPY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HAPY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HAPY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL HAPY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR IN THE SERVICES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF HAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HAPY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID HAPY IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. Availability & Updates. HAPY may alter, suspend, or discontinue this Website or Services at any time and for any reason or no reason, without notice. The Website and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. HAPY may periodically add or update the information and materials on this Website without notice.
16. Security. Information sent or received over the Internet is generally unsecure and HAPY cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Website and you are responsible for any activities or actions under your password. You agree to keep your password secure. HAPY will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Services, please contact us at: iwona(at)hapy(dot)ca, that is firstname.lastname@example.org.
Effective Date: January 5 2017