CAREFULLY BEFORE USING THIS WEBSITE
This Agreement a contract between you and Sustainability TV and applies to all users of this Website. In this Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 19 years of age (“Age of Majority”), it also includes such person’s parent or legal guardian.
PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT A COPY FOR YOUR RECORDS. IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN), MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ACCESSING THE WEBSITE AND BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
If you have any questions relating to the Website, they can be sent to the attention of our Customer Service Representative at Sustainability Television Inc., 3665 - 349 West Georgia Street, Vancouver, BC, V6B 3X8. You may also contact STV by email at: firstname.lastname@example.org.
We may amend or supplement this Agreement at any time. Please check this Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this Agreement, we may notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Agreement, you may not continue to access or use the Website. Notwithstanding the foregoing, we may make changes, additions, deletions, or modifications to this Agreement from time to time without further notice to you. It is your responsibility to check https://www.sustainabilitytelevision.com/terms-of-use for the most up-to-date version of this Agreement.
“Individual Member Accounts” are for your individual personal use. “Corporate Member Accounts” are for use by the sponsor corporation and it’s authorized users only. Individually and collectively, the foregoing are referred to hereafter as “Account” and “Accounts”. In either case, as an individual or corporate member, you agree to provide complete and accurate data in your user profile, maintain your password and online pokies australia security information and promptly inform Sustainability TV of any suspected unauthorized security breach. You agree to be responsible for all account activity and will observe all copyright and other intellectual property laws, third party rights, and are solely responsible for the backing up of any files related to your account. You may not upload or republish any Website content, other than your own, save and except for the “bookmark/search this post” feature which specifically allows for others to link to this information.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
Your account does not confer any rights beyond what is specifically authorized herein and is revocable at Sustainability TV’s sole discretion, at any time without prior notice.
You represent, warrant and agree that no submission of any kind posted, transmitted, or shared by you violates or infringes upon the rights of any third party. This includes but is not limited to personality rights, moral rights and rights of publicity, privacy, copyright, intellectual property, trademark, or other personal rights; unless you are the owner of these rights or have obtained the prior written consent of the owner.
If you are found to be in violation of any of the prohibited conduct criteria, your submission may be removed and your Account may be subject to termination without further notice.
Additionally, you agree that you will at no time whatsoever engage in any of the following
Spamming or engaging in any activities that may harass or threaten other users.
Submitting or posting on the Website any content that you did not create or have previous written authorization to post, including private third party information.
Use of any automated scripts in relation to the Website or soliciting Sustainability TV members for any advertising, sales, or promotional purposes, using any data mining functions, junk mail or pyramid schemes, robots, spiders, or any other data gathering or information extraction methods.
Hacking into or submitting any material containing viruses or otherwise engage in activities designed to interfere in any way with Website operation or interfere with any Website security features.
Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are fraudulent, defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
Registering an account in someone else’s name, a fictitious name, misrepresenting yourself or your account information in any way, or registering more than one account.
Soliciting a minor, engaging in unlawful activity or encouraging or advocating unlawful activity, or counselling criminal activities either domestically or internationally.
Doing anything, which in the sole opinion of Sustainability TV, would generally be considered objectionable or not to be in the best interest of the company, its members, or the public good.
Sustainability TV may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Sustainability TV or other third parties, or (ii) Sustainability TV determines to cease its operations and/or its provision of any applicable products or services in connection with this Website.
PUBLIC NATURE OF THE SUSTAINABILITY TV WEBSITE AND THE INTERNET
You acknowledge that the features offered by Sustainability TV are for public communication, and as such Sustainability TV makes no assurance as to the privacy or security of any submitted content. All information you disclose or content you submit - is done so at your own risk.
Sustainability TV has no duty to monitor any submitted content. The Website is enabled with a flag function that enables members to flag content that violates any of these terms. Flagged content will be reviewed, and in the case of violation will be removed. Repeated content violations will result in account termination.
Sustainability TV does not guarantee the accuracy of any information provided by others, and the reliance upon or use of any submitted content is done so at your own risk.
Additionally, Sustainability TV is not responsible for, nor does it endorse, the views or opinions of it's members in any submitted content and we (Sustainability TV) specifically disclaim any and all liability in connection therein.
Corporate Membership terms are governed by this Agreement as well as additional documentation found in the “Corporate Member Agreement”. https://www.sustainabilitytelevision.com/corporate-member-agreement All corporate membership payments are, without exception, non-refundable, non-redeemable for cash, and non-transferable.
All sales are final.
We thank you for your submissions to Sustainability TV. In submitting your content to Sustainability TV this does not mean that your submitted content has or must be chosen to be included in any Sustainability TV programming. All submitted content may be screened by Sustainability TV for consideration, and all decisions to include any submitted content in Sustainability TV’s programming are at our sole discretion.
Before we can make any use of any submitted content including video productions, we need to make sure that we have the legal right to do so. These are the terms and conditions on which you are submitting your submitted content to Sustainability TV.
Specifically, you are granting to Sustainability Television Inc. and its affiliates, agents, successors, assigns and subsidiaries (collectively, “Sustainability TV”) the non-exclusive irrevocable, perpetual, world-wide right, permission and licence, with respect to the “submitted content;” including video productions you submit and all original materials you have created or licensed from their creators which are incorporated into the submitted content, including without limitation artwork, dialogue, and musical works, to:
(a) produce, reproduce, perform, publish, translate, adapt, publicly present, communicate by telecommunication, or otherwise exploit the submitted content or any part of the submitted content in any media (whether known or unknown); and
(b) utilize and exploit your name, voice, likeness, biographical information, appearance and performance in connection with the submitted content (collectively “Personality Rights”) in or in connection with any of Sustainability TV’s programs, formats or productions (whether or not related to Sustainability TV) (collectively, the “Programs”).
Without limiting any other wording in this Agreement, you agree that this grant of rights includes, without limitation, the non-exclusive right to exploit any or all portions of the submitted content or the Personality Rights in commercials, advertisements, promotions, and product endorsement and merchandising (without limitation as to the products promoted), whether or not related to Sustainability TV.
You also agree that Sustainability TV may use any or all portions of your submitted content and the Personality Rights to publicize and promote each Program.
Modifications. You grant to Sustainability TV the unlimited right: (i) to edit or modify the submitted content in any manner, including without limitation by adding visual or aural effects or other elements; and (ii) to use, adopt and modify any or all portions of the submitted content and Personality Rights in combination with other materials in any Programs.
Waiver of Rights. You irrevocably waive all rights you may have in the submitted content, including all Personality Rights, moral rights and rights of publicity or privacy.
Release. You release and discharge Sustainability TV, any broadcasters of the Programs, and all other persons from all claims, demands, suits or actions (whether in law or equity) that you may have at any time arising out of or in connection with any exercise or non-exercise of any right granted to Sustainability TV in this document.
Remuneration. You acknowledge and agree that, unless you and Sustainability TV enter into a separate Sustainability TV “Payment Schedule”, you are granting all the rights set out in this document to Sustainability TV on a fully-paid-up and royalty-free basis, that you will receive no further financial or other remuneration, and that Sustainability TV may exercise all of its rights set out in this document without providing any further financial or other remuneration to you.
Damages for Sustainability TV’s Breach. You acknowledge that if Sustainability TV breaches any term or condition in this document in any way, any damage you suffer due to such breach will be measurable in monetary damages and will not be irreparable or otherwise sufficient to entitle you to seek or obtain injunctive or other equitable relief. You acknowledge and agree that your rights and remedies in the event of any such breach by Sustainability TV will be strictly limited to the right, if any, to recover damages in an action at law.
Representations, Warranties and Covenants. You represent, warrant and covenant that:
(a) you are the sole and exclusive owner of the submitted content, and you have the full right and authority to grant the above rights;
(b) the production you submit is original, and Sustainability TV will not infringe or violate any third party’s intellectual property, privacy, personality or other rights when Sustainability TV copies, publishes, distributes, edits, modifies, displays or otherwise uses the submitted content as permitted above;
(c) you have not falsely identified any individual involved in creating the submitted content or any individual whose likeness or voice is incorporated into the submitted content;
(d) the submitted content does not contain any content or material which is obscene, defamatory, libellous, abusive, threatening, or otherwise illegal;
(e) you have obtained, in writing, all necessary consents and permissions (including without limitation those required by any professional organizations or unions) from all individuals (or if they are minors, their parents’ consent and permission) (i) who were involved in creating the submitted content or (ii) whose likeness or voice is incorporated into the submitted content, to grant Sustainability TV the above rights without payment to them, and will provide signed copies of all such documents to Sustainability TV if requested.
(f) that all executed third-party consents, releases or licenses which you provide to Sustainability TV contain true and accurate information for the signing party or parties, and have actually been signed by the legal owner of the rights being granted to you.
Indemnity. If any of the above representations and warranties is or becomes untrue, you agree to indemnify Sustainability TV against all damages, costs and expenses (including legal fees) that Sustainability TV incurs as a result. Furthermore you agree to defend indemnify and save harmless Sustainability TV it’s directors it’s officers, employees and agents, from any and all costs, claims, damages, debt, expenses, liabilities and losses arising from a) Use of the Website b) Your violation of this Agreement c) Any third party right violation, or damages arising from your use of the Website.
THIRD PARTY WEBSITES
Sustainability TV encourages all users to educate themselves about the risks associated with Internet usage through websites like; www.getcybersafe.gc.ca. Sustainability TV also recommends reviewing the applicable terms and policies of any site you visit. As you may be able to link to other third party websites through Sustainability TV, we must make it clear that Sustainability TV makes no representation as to the accuracy of content available on third party sites, and if members choose to visit other sites, they do so at their own risk.
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
All content on the Sustainability TV website is the property of Sustainability TV, and its members or its licensors as the case may be with all rights reserved. No content may be copied, distributed, downloaded, modified, removed, reproduced, republished, sold or otherwise transmitted, or in any form or by any means (known or unknown), in whole or in part, without Sustainability TV's prior written consent or as may be permitted by way of the (embedding and sharing) features on the Website.
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, digital images, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Sustainability TV Materials”) are the property of Sustainability TV, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively “Sustainability TV”), and are protected, without limitation, by Canadian and other foreign laws. Without limiting the generality of any other provisions of this Agreement, the use of any Sustainability TV Materials on any other website or networked computer environment is prohibited.
This Agreement grants to you a limited license to access and use this Website and certain public materials for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Sustainability TV Materials in a manner that suggests an association with Sustainability TV unless the parties agree in writing otherwise. You may not make any modifications to any Sustainability TV Materials other than as expressly permitted by Sustainability TV.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Sustainability TV Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Sustainability TV or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Sustainability TV or its licensors.
Sustainability TV has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. Sustainability TV may make available and upgrade this Website and any such upgrades will form part of this Website and be governed by the terms and conditions of this Agreement.
CONSENT TO THE COLLECTION OF COOKIES
CONSENT TO COMMUNICATIONS VIA EMAIL
All member accounts (individual and corporate) specifically consent to receiving communications from Sustainability TV via email and or via other information provided in your member account.
All members of www.SustainabilityTelevision.com expressly agree to receiving our monthly newsletter via email, unless you choose to opt-out via the unsubscribe feature found in the newsletter or by requesting via email or internal member mail to be unsubscribed.
Sustainability Television reserves the right, and you expressly agree to allowing Sustainability TV the right to contact you via the contact information you supply to us as long as you maintain a member account on SustainabilityTelevision.com.
From time-to-time you may have the opportunity to opt-in to receive offers, promotions or other information from Sustainability TV, in which case your information will be used to provide you with promotional offers for Sustainability TV products that we believe may interest you and to solicit your opinion on our products and services. If you have opted-in to receive these offers, we may also use your Personal Information to ensure that your contact information is accurate and up to date.
(For more information visit: https://www.sustainabilitytelevision.com/privacy-policy )
(For more information visit: https://www.sustainabilitytelevision.com/privacy-policy )
If you are a copyright owner and believe your rights have been infringed upon, or if you have had a submission removed from your account, you may submit a notification of infringement, or an appeal to:
RE: COPYRIGHT INFRINGEMENT
3665 - 349 West Georgia Street
Vancouver BC V6B 3X8,
Or via email to:
LIMITATION OF LIABILITY
For greater certainty, Sustainability TV is not responsible for, nor does it endorse, the views or opinions of it’s members in any submitted content and Sustainability TV specifically disclaims any and all liability in connection therewith.
Furthermore Sustainability TV does not accept liability for any loss or damage of any submissions (howsoever caused) nor for any other loss or damage resulting directly or indirectly from your use of the Website.
Sustainability TV is not responsible for: (1) incorrect or inaccurate transcription of entry information or lost, incomplete, misdirected submissions, or submissions received through illegitimate channels, all of which will be deleted; (2) without limitation; technical failures of any kind (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention; (5) electronic or human error (6) any injury or damage to persons or property, including without limitation your computer, which may be caused, directly or indirectly, in whole or in part, from use of the Website or from downloading or uploading any material from or to the Website.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SUSTAINABILITY TV DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
SUSTAINABILITY TV DOES NOT WARRANT THAT THIS WEBSITE, THE CONTENT THEREIN, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH SUSTAINABILITY TV’S CUSTOMER SERVICE DEPARTMENT OR AN SUSTAINABILITY TV REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND THIS DISCLAIMER AND THIS AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
FINALLY, SUSTAINABILITY TV DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SUSTAINABILITY TV BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE SUSTAINABILITY TV MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF SUSTAINABILITY TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SUSTAINABILITY TV IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF SUSTAINABILITY TV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE SUSTAINABILITY TV MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, OR (II) CAD$100.
You agree that: (a) any and all disputes, claims and causes of action arising out from use of the Sustainability TV website shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of the Province of British Columbia, Canada, without giving effect to any of its principles in respect of conflict of laws; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Website, but in no event legal fees; and (c) you waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, or indirect damages.
If the dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Vancouver, British Columbia, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
Please go to https://www.sustainabilitytelevision.com/terms-of-use to find the most up-to-date version of these policies.
Effective Date: June 30, 2014