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Terms and Conditions for Use of the Civic Mirror Website


A. Acceptance of Terms and Conditions

Welcome to the Civic Mirror™, owned and operated by Action-Ed Inc. ("Action-Ed"). This Terms and Conditions Agreement ("Terms") states the terms and conditions under which you ("you" - an individual, and/or any entity you represent) may use the Civic Mirror™ website and any services it provides (collectively, the "Website"). These Terms apply to all users and viewers of the website and you should read them carefully. By using the Website, you signify your agreement to these legally binding terms and conditions. Your accessing of this site is the equivalent of your signature and indicates your intention to be legally bound by these provisions. If you do not agree to these Terms, your only recourse is to stop using the Website. Those who choose to use the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Action-Ed may revise these Terms at any time, so please revisit this page periodically to review the Terms. By continuing to use the Website, you agree to be bound by any such revisions, whenever they may occur.


B. Ownership

All content and materials associated with the Website not submitted by users or other third parties (see User Content, below), including trademarks, text, names, logos, service marks and software are owned by Action-Ed, and are protected under Canadian and foreign intellectual property and other laws. While Action-Ed assumes no obligation to update the content of the Website, it may change the content without notice to you. You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Website or any of its content, whether in whole or in part, other than expressly set out herein, without the written permission of Action-Ed.


C. User Content and Your Use of the Website

The Website provides features that allow you to post, without limitation, comments, questions, ideas, feedback, suggestions, information, submissions, and interact in other ways with the Website and its users (collectively, "User Content").

When posting, submitting, uploading or linking any User Content, it is a condition of your use of the Website that you do not:

(i) attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of Action-Ed imposes an unreasonable or disproportionately large load on the Website infrastructure; (ii) include in any User Content information that is unlawful, libelous, defamatory, indecent or pornographic; (iii) include in any User Content information that promotes bigotry, hatred, or harm against any group or individual, or provides instructions about illegal activities; (iv) include in any User Content information that is confidential, or which violates or infringes upon the rights, including without limitation copyright, patent, trademark, moral or other intellectual property rights of others, without first obtaining permission from the rights holder; or (v) use the Website for commercial or promotional purposes of any kind.

By posting, submitting, uploading or linking User Content to the Website, you represent and warrant that you have all necessary and appropriate rights in such User Content to and you hereby grant Action-Ed a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to:

(i) use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display such User Content for any purpose; and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

By posting, submitting, uploading or linking User Content to the Website, you also agree to:

(i) waive all moral rights in any submitted User Content in favour of Action-Ed; (ii) consent to your username appearing in association with any of your User Content; and (iii) acknowledge and agree that Action-Ed is not responsible for any loss, damage, or corruption that may occur to your Submissions.


D. Additional Terms Concerning Your User Content and Use of the Website

Action-Ed reserves the right, in its sole discretion, to remove any User Content, whether or not the User Content is in violation of these Terms. You agree that Action-Ed may, in its sole discretion, monitor the Website and your account and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website.

User Content represents the views and opinions of the person(s) submitting the User Content and does not represent the views or opinions of Action-Ed. By using the Website, you may be exposed to content that the indecent, harmful to minors or objectionable, and you use it at your own risk.

Your use and/or visiting of the Website restricts you from doing the following:

(a) Assigning or otherwise granting your rights under this license to another party; (b) Modifying, creating derivative works of, reverse engineering, decompiling, disassembling or hacking the Website or any associated software in any manner; and/or (c) Using the Website (including its software) in such a way as to adversely interfere with the functionality of the Website or services or other products provided by Action-Ed.

Action-Ed reserves the right, in its sole discretion, to terminate any user's account without notice and for any reason. The disclaimers, limitations on liability, ownership, termination, your licences, your warranties and the indemnity provisions of this agreement shall survive the termination of your account and the termination of this agreement by any other means.


E. Confidentiality

You acknowledge and agree that any user name, login code, identifier or password (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not they are themselves a member of the Website, to access the Website using your Password. You acknowledge and agree that you are responsible for any use of your username, user ID, login and / or Password in connection with the Website including any submission of User Content to the Website. You agree to notify Action-Ed immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Action-Ed.

You acknowledge an understand that Action-Ed cannot be responsible for, and disclaims all liability in connection with, the use of any information that you submit, post or display on the Website, including User Content. You agree that you are responsible for posting any information, including personally identifiable information to the Website.


F. No Warranty

The Website is provided "as is" and without warranties of any kind, either express or implied, or statutory. Every effort is made to update the information contained on this Website; however, neither Action-Ed nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website. Action-Ed reserves the right at any time to change or discontinue, without notice, any aspect or feature of this Website. No information shall be construed as advice, and information is offered for information purposes only. You and any person you represent rely on the information contained on this Website at your own risk. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


H. Representations

You represent and warrant that you are authorized to enter into this agreement, that you will comply with the terms of this agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable Action-Ed policies, which may be updated from time to time. You warrant and represent that you are not within or normally resident or domiciled in one of the following restricted countries; namely Cuba, Iran, Iraq, Libya, Nigeria, North Korea, Sudan, or Syria.


I. Limitations on Liability and Disclaimers

IN ADDITION TO ANY OTHER LIMITATIONS ON ACTION-ED'S RESPONSIBILITY UNDER THESE TERMS, YOU FURTHER AGREE THAT ACTION-ED (AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES) SHALL NOT BE LIABLE FOR THE FOLLOWING, AND IRREVOCABLY WAIVE ANY CLAIMS IN CONNECTION WITH:

1) THE CONTENT AND OPERATION OF ANY OTHER WEBSITES THAT MAY BE HYPERLINKED TO OR FROM THE WEBSITE, INCLUDING THE CONTENT OF THEIR INTELLECTUAL PROPERTY, TERMS OF USE AND PRIVACY NOTICES; 2) ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES , HOWEVER CAUSED, FOR LOST PROFITS OR LOST SAVINGS; 3) THE TRANSMISSION OF VIRUSES (OR OTHER HARMFUL MECHANISMS), DATA CORRUPTION, FAILED MESSAGES, AND ANY TRANSMISSION ERRORS OR PROBLEMS, INCLUDING IN RESPECT OF SUBMISSIONS; 4) ANY INACCURACIES OR PERIODS WHEN THE WEBSITE IS NOT OPERATIONAL; AND 5) ANY OTHER DAMAGES ARISING FROM THE USE, OR INABILITY TO USE, THE WEBSITE.

THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


J. Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD ACTION-ED AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (INCLUDING LEGAL FEES AND DISBURSEMENTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USER CONTENT, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR BREACH OF ANY OF THESE TERMS, OR YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH ACTION-ED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


K. Term and Termination

This Agreement is effective until terminated by Action-Ed, with or without cause, in its sole and unfettered discretion. You may also terminate the agreement by simply closing your account and/or discontinuing your use of the Website. Action-Ed may terminate this agreement without notice to you if you fail to comply with any of its terms. Any such termination by Action-Ed shall be in addition to and without prejudice to such rights and remedies as may be available to Action-Ed including injunction and other equitable remedies. Action-Ed reserves the right to discontinue the Website at any time and you agree in such event that Action-Ed is not liable for any damages arising from such discontinuance.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to Action-Ed, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.


L. Entire Agreement

The terms and conditions of this agreement, constitute the entire agreement between you and Action-Ed with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.


M. Severance

If any provision of this agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the agreement.


N. No Waiver

Action-Ed's failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If Action-Ed waives a breach of any term of this agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.


O. Applicable Legal Regime and Forum

Action-Ed operates from British Columbia, Canada and makes no representation that the Website is appropriate or available for use in any particular location. This agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and Action-Ed agree to submit any disputes or otherwise concerning your use of the Website to the exclusive jurisdiction of the courts within the province of British Columbia, Canada.


P. Enurement

This agreement shall enure to the benefit of and be binding upon each party and their respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement.


Q. Survival

Any provisions of this agreement that are expressed to survive or operate in the event of termination of this agreement shall so survive the termination of this agreement.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING OR ACCESSING THE WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.