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Terms of Use

This Terms of Use Agreement (this “Agreement”) constitutes a legally binding contract between Toronto Gaymers, formerly Toronto Gay Gaymers, a Canadian not-for-profit corporation (“ToG”, “Gaymers” or “we,” “us,” “our”) and you with respect to your use of the Toronto Gaymers website (the “Website”), Toronto Gaymers applications for mobile devices (the “App”), and the content, information, and services provided through them (collectively, the “Services”). It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting or using the Services, you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

Changes to this Agreement

We reserve the right to, at any time, with or without cause:

  • change the terms and conditions of this Agreement;
  • change the Services, including eliminating or discontinuing any feature of the Services; or
  • deny or terminate your use of and/or access to the Services.

Any changes we make will be effective immediately upon our notice to you of making such changes, which may be given through any means, including but not limited to being made available on the Services, such as posted on our Website. You agree that your continued use of the Services after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

You hereby affirm that you are over the age of majority wherever you reside (or have your legal guardian’s consent), as the Services are not intended for anyone who is a minor. If you are not of the age of majority (or do not have your legal guardian’s consent), then you may not use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Service Providers Outside of Canada

Occasionally we do use service providers located outside of Canada to process and/or store personal information for us. Please note that personal information in the custody of these service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers are located.

No Medical Advice Provided

The Services and the information they provide are not designed to, and do not, provide medical advice. They provide general information purposes only. The contents of the Services are believed to be accurate, but are not guaranteed to be so. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, treatment or lifestyle change. If you think you may have a medical emergency, call your doctor, 911, or suicide hotline immediately.

We do not recommend or endorse any specific tests, healthcare providers, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided directly or indirectly by ToG, the Services, links to third-party sites and resources, Services’ users, or other visitors to the Services is solely at your own risk.

Permitted Use of Services and Information

The services made available on, by, or through the Services, which include or may include, without limitation, ToG registration, message boards or activities, as well as any information provided on, by, or through the Services or as part of or in connection with the services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without the written consent of ToG, no information or any other Gaymers materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.

We permit you to view and print a reasonable number of copies of pages located on the Services for your personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Toronto Gaymers, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any information emanating to/from or in connection with the Services to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of such information. You agree to advise us promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of ToG or others.

Registration

Access to certain functionalities of the Services will require you to register with and/or provide certain information to us. We reserve the right to decline to provide services to any person for any or no reason. If and when you register with or provide information to ToG, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You agree to keep your account registration information up to date at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

Additional Terms for App Store

The following additional terms and conditions apply if you download our App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms of Use are between you and ToG only, and not with the App Provider;
  • Your use of our App must comply with the App Provider’s then-current applicable terms and conditions;
  • ToG is solely responsible for the App and the services available thereon. The App Provider has no obligation to provide maintenance and support services with respect to the App;
  • In the event of any failure of the App to conform with any applicable warranty, you may notify the App Provider who will refund the purchase price for the App (if applicable) and to the extent permitted by law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to failure to conform to any warranty will be the sole responsibility of ToG;
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
  • ToG will be responsible, to the extent required under these Terms of Use, for the investigation, defense, settlement, and discharge or any third party intellectual property infringement related to the App or your possession and use of the App;
  • The App Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof;
  • You must comply with all applicable third-party terms and conditions when using the App (e.g. you must not be in violation of your wireless data service provider terms of agreement when using the App); and
  • You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

Postings and Other Submissions

As part of your use of the Services, you may participate in certain posting activities, rating activities, member communications, and/or other public communications and forums. Your participation is voluntary. However, by choosing to post photos, content, or comments; send any messages; submit any ideas, ratings, or feedback; or otherwise participate in any Services, you acknowledge and agree that, subject to our Privacy Policy which can be accessed, any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews, ratings, or content provided by you on the public portion of the Services (collectively, “Content”) may be viewed by the general public. Subject to our Privacy Policy, such Content will not be treated as private, proprietary, or confidential, and you hereby authorize us and our affiliates, licensees, and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, publicly perform, or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be worldwide, royalty-free, perpetual, and irrevocable. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

We welcome and encourage your comments, ideas, suggestions and feedback (collectively, “Feedback”), and you acknowledge and agree that we are free to use the Feedback you submit without any restriction or compensation to you.

ToG acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to ToG under these terms.

By posting or providing any Content on the Services, you represent and warrant to ToG that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement.

You agree not to post or provide any Content that belongs to any person other than yourself, or that contains the name, voice, or likeness of any person other than yourself, or which is otherwise personally identifiable information of such person, unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.

You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post, or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory, or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity, or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness, or timeliness of any Content posted on the Services.

Third-Party Links

The Services may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

Permissions

If you are using the App, in order to enhance your user experience, we will ask you for permission to access and collect information from your mobile device, including but not limited to, geo-location data, accelerometer/gyroscope data, your mobile device’s camera, microphone, contacts, calendar and Bluetooth connectivity in order to operate additional functionalities of the Services. For example, we may request permission for geo-location data to enable “tagging” of your posted Content.

Toronto Gaymers Communications

You agree that we may send you communications (via email or through the Services) regarding your use of the Services, and certain features or applications of the Services you may be interested in. To the extent you have provided your express consent evidence by checking the box and option in during the registration process, you consent to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize Toronto Gaymers to deliver such communications to you via email or through the Services.

Acceptable Use Policy

You agree not to use the Services to take any action or actions or to post any Content that:

  • are contrary to Toronto Gaymers’ public image, goodwill, or reputation;
  • infringe on our or any third party’s copyright, patent, trademark, trade-secret or other proprietary rights, or rights of publicity or privacy;
  • express or imply that any of your statements, activities, or causes are endorsed by us, without our prior written consent in each instance;
  • violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;
  • transmit any trade-secret or other material, nonpublic information about any person, company, or entity without the authorization to do so;
  • restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the Services, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Toronto Gaymers or its licensors or suppliers;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, authentication, and security measures;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Services’ servers or any data not intended for you; and/or
  • harvest or collect information about any Services visitors or members without their express consent.

Improper use of the Services may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.

Ownership

The Services are owned and operated by ToG and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of ToG and its licensors and suppliers. The Services are protected by Canadian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by us or, if so indicated in writing by ToG, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

The trademarks, logos, and service marks displayed on the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of ToG, ToG licensors and suppliers, and/or others. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of ToG, ToG’s licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in the following paragraph.

Claims of Copyright Infringement

If at any time you become aware of any content on the Services that you believe infringes your copyright, please report this to us by submitting a notice of claimed infringement, in the form mandated by the Copyright Act, RSC 1985, c C-42 (the “Copyright Act”) at section 41.25(2). You can submit this notice of claimed infringement to us at admin@torontogaymers.ca, or write to us at:

Complaints
℅ Toronto Gaymers
386 Yonge St, Suite 904
Toronto, ON, M5B0A5

Upon receiving your notice of infringement, we will forward this notice to the appropriate individual associated with the infringing content, maintain a record, and inform you of delivering such notice, in accordance with section 41.26(1) of the Copyright Act.

Term & Termination

This Agreement is effective from the date on which you first access the Services or submit any information to us, whichever is earlier, and shall remain effective until terminated in accordance with its terms. ToG may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. ToG may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. Upon termination or expiration of this Agreement for any reason, Sections 1, 2, 5, 6, 7, 9, 10, 11 and 13–22 shall survive.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate ToG to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

Disclaimers

The services, including but not limited to the app and website, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.

There is no warranty, representation, or guarantee that the services, or your use of the services, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the services, or any information, software, or other material accessible from the services, are free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of, the services, either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the services and your reliance thereon.

Toronto Gaymers makes no warranty, representation, or guarantee with respect to products and services offered by third parties on the services, and we specifically disclaim any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such products and services, or with respect to the conduct of any third party in connection with such offers or sales.

With respect to “fan art”, donated designs, and other likenesses of existing copyrights not owned by Toronto Gaymers, absolutely no copyright infringement is intended, nor is there any intention whatsoever to offend, harm, or misrepresent the product, service, or entity involved. All designs are donated to ToG freely, without copying trademarked materials. A strict policy questioning donors about design originality exists. These designs are copyrighted by the respective donors, often intending to create, promote, and/or enhance appreciation of widely known brands, games, or geek culture. We do our utmost to protect the brands we love: No malice, defamation, or other form of harm (copyright infringement or otherwise) is intended. In the event you feel any ToG material rightfully belongs to you, or if would like them credited or removed, please contact us at: complaints@torontogaymers.ca. You must specify the item(s) and allow appropriate time (up to two weeks) to remove or credit the work before taking further action. ToG is a non-profit organisation dedicated to promoting and appreciating games and geek culture in safe spaces. Any and all profits derived our Services explicitly go towards further appreciation of games, geekery, and associated culture, or protecting the groups we serve.

Limitation of Liability

Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither ToG nor any of its donors, licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, administrators, employees, consultants, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the services and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the services or any linked website is to stop using the services, or linked website, as applicable. Neither ToG nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives will have any liability to you for any damages, expenses, or other liability incurred by you as a result of (1) any inaccuracy, incompleteness, or misrepresentation of any information, content, postings, or submissions provided or posted on the services by third parties or (2) your purchase of any third-party products or services through the services.

Some provinces and territories do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

Indemnification

You agree to fully indemnify, defend, and hold ToG, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (“Toronto Gaymers Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your negligence or willful misconduct.

Release

If you have a dispute with one or more other users of the Services, you agree to release the Toronto Gaymers Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

Jurisdictional Issues

ToG makes no representation that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations.

Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof are illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The services are operated from Canada. If you are located outside of Canada and choose to use the services or provide your information to us, your information will be transferred, processed and stored in accordance with Canadian privacy laws. Canadian privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this agreement followed by your submission of information in connection with the services represents your agreement to this practice. If you do not want your information transferred to or processed or stored in Canada and/or the United States, you should not use the services. Use of the services by users outside of Canada is at your own risk. You may wish to consult a legal professional in your own jurisdiction about the exact implications of using the Services outside of Canada.

Dispute Resolution

ToG operates from Toronto, Ontario Canada. These Terms of Use shall be governed and construed in accordance of the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim in law or equity arising out of, or related to, your use of the Services shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, in the Federal Court of Canada, located in Toronto, Ontario, Canada.

Regardless of any statute or law to the contrary, any claim in law or equity against us arising out of, or related to, your use of the Services must be filed within one (1) year after such claim arose, or be forever barred.

If you have a dispute with one or more Service users, you hereby agree to release ToG from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way related to such disputes.

Personal Information and Privacy

All information provided by to or collected by us in connection with your use of the Services, including information that may identify your (“Personal Information”) will be collected, used and disclosed in accordance with our Privacy Policy, which is incorporated by reference. Our Privacy Policy may be amended or updated from time-to-time, in our sole discretion, and become immediately effective upon our notification to you, which can be in any manner including but not limited to being made available on the Services, such as being posted online. Each time you use our Services, you consent to the collection, use and disclosure of your Personal Information by ToG in accordance with our Privacy Policy, as amended.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived, or modified except by us as provided herein or otherwise by written instrument signed by ToG. Representatives of ToG are not authorized to modify the terms of this Agreement, either orally or in writing. If any representative of ToG offers to modify this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an official representative of ToG or anyone else purporting to act on ToG’s behalf. This Agreement is between you and ToG; there are no third-party beneficiaries.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ToG may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on ToG’s national registered agent (in the case of ToG) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

Contact Us

If you have any questions, comments, or concerns relating to these Terms of Use, please contact us at info@torontogaymers.ca.

Effective May 1st, 2017