TERMS AND CONDITIONS OF SERVICE
Last Revised: May 29, 2020
Application and Acceptance of Terms and Conditions of Service
These terms and conditions (“Terms of Service”) govern each Client’s use of the Service and each User’s access to the FNG website. These Terms of Service form a contract between the Commission, as the owner and operator of the FNG and the FNG website, and each Client and User.
By using the Service, or by accessing the FNG website, each Client and User accepts and agrees to be bound by and comply with these Terms of Service. If a Client or User does not agree to these Terms of Service, the Client or User should not use the Service or access the FNG website.
Modifications to Terms of Service without Notice
The Commission may modify these Terms of Service at any time without prior notice and without any liability to any Client or User. Any and all modifications are effective immediately upon being posted on the FNG website, without further notice to Clients or Users. If the Client or User continues to use the Service or access the FNG website after such modifications are posted, the Client or User will be deemed to have acknowledged and accepted all such modifications. Clients and Users should check the FNG website regularly for such modifications.
In these Terms of Service:
- “Client” means a person who submits Third Party Content for publication on the FNG website;
- “Client Content” means a notice or other content (such as First Nations laws, by-laws or other enactments by First Nations), submitted by a Client for publication on the FNG website.
- “Commission” means the First Nations Tax Commission established under the First Nations Fiscal Management Act;
- “Commission Parties” means the Commission and its commissioners, officers, employees, advisors, agents, affiliates, service providers, content providers or licensors;
- “Content” means all content or materials contained on the FNG website from time to time, including Third Party Content;
- “External Website” means any website operated by an organization other than the Commission;
- “FNG” means the First Nations Gazette, a Commission publication;
- “FNG website” means the website of the First Nations Gazette, being, https://www.fng.ca;
- “Policies” means the Policy respecting the First Nations Gazette Public Notification Service and the Policy respecting Publication in the First Nations Gazette, as created and amended by the Commission from time to time;
- “Service” means the service for the publication of Third Party Content on the FNG website;
- “Submission Guide” means the First Nations Gazette Public Notification Service Submission Guide, as created and amended by the Commission from time to time;
- “Third Party Content” means a Client Content or other content submitted to the FNG for publication on the FNG website by any person other than the Commission;
- “Trademark” means any name, mark, brand, title, slogan, logo, icon, graphic, trade dress or trade name, design and other designation;
- “User” means a person who accesses the FNG website; and
- “Website Privacy Notice” means the Commission’s Website Privacy Notice that applies to all websites owned and operated by the Commission.
References in these Terms of Service to “including” means “including without limitation”.
Use of the Service and Access to FNG Website
As a condition of a Client’s or User’s right to access the FNG website, each Client or User represents that they are of legal age to enter into a binding contract and that they are not barred from accessing the FNG website and the Content under the laws of Canada or another country.
In order to submit Third Party Content for publication on the FNG website, each Client is required to provide contact information to the Commission, including name, email address and mailing address. When submitting Third Party Content, each Client agrees to provide accurate, current and complete personal and other information as required. The Commission may refuse to publish Third Party Content if it discovers, or has a reasonable basis to believe, that any of the information provided is inaccurate, incomplete or untrue.
Acceptable Use of Service and Content
The following standards apply to all Third Party Content submitted by a Client for publication using the Service. All such Third Party Content must comply with all applicable federal, provincial, local and international laws, regulations and terms of service.
When using the Service and accessing the FNG website, the Client or User will not:
- provide any false, inaccurate, misleading or fraudulent information;
- impersonate or attempt to impersonate the Commission Parties, another user, or any other person or entity (including by using email addresses associated with any of the foregoing);
- in any manner violate any applicable federal, provincial, local, or international law or regulation including any laws regarding the export of data or software, patent, Trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit any Third Party Content that contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service or the Website Privacy Notice;
- attempt to harm another person;
- give the impression that any Third Party Content originates from or is endorsed by the Commission or any other person or entity, if this is not the case;
- transmit or procure the sending of any advertisements, promotions or sales, or encourage other commercial activities, including any “spam”, “junk mail”, “chain letter”, contests, sweepstakes or any other similar solicitation;
- submit any Third Party Content that contain material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, libelous, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground, that encourages conduct that could constitute a criminal offense, or that is otherwise objectionable, such determination to be made in the Commission’s sole discretion;
- knowingly transmit any data, or send or upload any Third Party Content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- reproduce, republish, distribute, modify, catalogue, duplicate, copy or re-sell any part of the Content except as expressly permitted by these Terms of Service or as permitted pursuant to any fair use, fair dealing or similar provisions under applicable laws; or
- access without authority, interfere with, damage or disrupt any part of the FNG website, any equipment or network on which the website is stored, any software used in the provision of the website, or any equipment or network or software owned or used by any third party.
Clients and Users will at all times use the Service and access the FNG website in strict compliance with these Terms of Service, the Policies, the Submission Guide and the Website Privacy Notice.
The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between any Client or User and the Commission or the FNG website cannot be ensured. The Commission is not responsible for any damages a Client or User suffers if the Client or User communicates confidential information over the Internet or if the Commission communicates such information to a Client at the request of the Client or as part of the provision of the Service.
Provision of Website and Service
The Commission reserves the right to modify, suspend or discontinue all or any portion of the FNG website or any aspect of the Service with or without notice. The Commission will not be liable to any Client or User, or any third party, should the Commission exercise such right.
The Commission does not represent, warrant or guarantee continuous, uninterrupted or secure use of the Service or access to the FNG website, or that the operation of the Service or the FNG website will be uninterrupted or error free. Use of the Service or access to the FNG website or Service may be interfered with or adversely affected by numerous factors or circumstances outside of the Commission’s control.
Limitation of Liability Respecting FNG Website
The Service, the FNG website and the Content are provided on an “as is” and “as available” basis, and are subject to service interruptions, both planned and unplanned. Each Client and User expressly understands and agrees that Clients’ use of the Service and Users’ access to the FNG website is at the Client’s or User’s own risk, and each Client accepts full and sole responsibility for the use of the Service, including a Client’s reliance on the Service to publish Third Party Content, and each User accepts full and sole responsibility for access to the FNG website.
To the fullest extent permitted by law, the Commission Parties expressly disclaim all warranties, representations and conditions of any kind respecting the Service, the FNG website and the Content, whether express, implied or statutory including all implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title or non-infringement, or arising from a course of dealing, usage, or trade practice. The Commission Parties are not responsible to Clients, Users or any person for the timeliness of delivery of the Service, any failures, errors or omissions in providing or failing to provide the Service, or any erroneous deletion or failure to store a Client’s personal settings or communications.
Under no circumstances will the Commission Parties be liable to a Client, User or any person or entity claiming through any of them for any loss or damage (including loss of profit, loss of contracts and other indirect or consequential loss) arising out of or in connection with that person’s access to, use of, inability to use, or reliance on the FNG website, the Service or any Content, whether caused by the negligence of the Commission Parties or otherwise.
Under no circumstances will the Commission Parties be liable for any damages to a User’s or Client’s computer equipment or other property, including from any viruses that may infect computer equipment or other property, arising out of or in any resulting from use of the Service or access to the FNG website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, or any loss of data, goodwill, revenue or profits, or loss or misuse of payment or financial account data. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if an authorized representative of any Commission Party has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies. If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the Commission Parties under such circumstances to a Client, User, or any person or entity claiming through any of them for liabilities that otherwise would have been limited, will not exceed one hundred dollars.
Each Client and User agrees to indemnify and hold the Commission Parties harmless from any claim or demand, including reasonable legal fees and costs, due to or arising out of that Client’s or User’s use or misuse of the Service or the FNG website, including an actual or alleged violation of these Terms of Service by the Client or User, or infringement of a third party’s intellectual property or other rights by the Client or User, or another person using the Client’s or User’s computer.
Notice of Intellectual Property and Right to Use
Except where expressly stated to the contrary, all Content (other than Third Party Content) included or available on the FNG website, including the text, graphics, information, motifs, logos, designs and databases, as well as the domain names, organization and layout of the site and the software, is the intellectual property of the Commission, as between the Commission and each Client or User. Any use of Content on the FNG website, including any reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written consent of the Commission or as expressly permitted in these Terms of Service, is strictly prohibited. The FNG website, including any Content, is provided for general informational purposes only.
All Trademarks on the FNG website are registered and unregistered trademarks of the Commission and other parties in Canada and other countries. No person will use any Trademark without the prior written consent of Commission or the applicable Trademark owner. Nothing contained on the FNG website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the FNG website without the prior written consent of the Commission or the applicable Trademark owner. Use or misuse of any Trademark or the Content by any User or Client, except as expressly authorized, is strictly prohibited and will constitute an infringement or violation of the rights of the Commission or the applicable Trademark owner and may be a violation of federal or other laws.
Ownership of Third Party Content
Subject to these Terms of Service, the owner of the Third Party Content retains any and all rights that may exist in such Third Party Content. Where Third Party Content is a Client’s original work, the Client owns the copyright in that work. However, by submitting Third Party Content to the FNG website for posting, the Client grants to the Commission an irrevocable, perpetual, transferable, world-wide, non-exclusive, royalty-free license to use, copy, adapt, transmit, communicate, publish, distribute publicly, incorporate and prepare derivative works of such Third Party Content in any medium or form (including the FNG print publications), without any obligation of notice, attribution or compensation to the Client. Each Client waives any moral rights or other rights of authorship they have in the Third Party Content as a condition of submitting such Third Party Content for publication.
By submitting Third Party Content to the FNG website for posting, each Client represents and warrants that they has the necessary rights to submit the Third Party Content and the right to grant the licence stated above to the Commission and the Commissions’ licensees, successors and assigns. Each Client also represents and warrants that such Third Party Content complies with applicable laws and regulations, these Terms of Service, the Policies, the Submission Guide and the Website Privacy Notice.
Each Client is solely responsible for Third Party Content that such Client submits, including in combination with any other Trademarks, text or other materials, including any Content (other than Third Party Content). Each Client will not include any text, Trademark or any copyrighted work of any third party in any Third Party Content, unless the Client has obtained the appropriate authorizations from any third party owners. Each Client represents and warrants that any Third Party Content submitted by the Client does not infringe upon any rights of any third party, including rights in copyright, Trademark, publicity or privacy, and other intellectual property, and that the Client has all required rights or permissions necessary to incorporate such third party materials into the Third Party Content. By submitting Third Party Content, the Client represents and warrants that the Client has all necessary permission, right and authority to do so. The Client, and not the Commission Parties are fully responsible and liable, including to third parties, for such Third Party Content. The Commission is not responsible or legally liable to any third party for the Content or accuracy of any Third Party Content submitted by Clients using the Service.
All questions, comments, suggestions and other communications provided by a Client regarding the Content or any information on the FNG website will be deemed to be non-confidential and the Commission will have no obligation of any kind with respect to any such communication, and will be free to reproduce, use, disclose, and distribute such communication or otherwise, without limitation. Furthermore, the Commission will be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose.
Permission to Use and Reproduce
Clients and Users may use and reproduce Content solely for personal and non-commercial use, without further consent from the Commission, provided that such Content is not modified, no Trademark, copyright or other notice from such Content is removed, and the complete title and the source of the materials is included. Clients and Users may not use or reproduce any part of the Content for any commercial purpose except with the prior written consent of the Commission.
If a Client or User prints, copies or downloads any part of the Content in breach of these Terms of Service, the User or Client will lose the right to use the Service or access the FNG website and must, upon request by the Commission, return or destroy any copies of such Content.
External Hyperlinks Disclaimer
The FNG website may include links to External Websites for convenience and informational purposes. The Commission does not control or guarantee the accuracy, relevance, timeliness or completeness of any External Websites or information contained on such External Websites, and may in its sole discretion establish or remove external links from the FNG website at any time. External Websites are entirely independent of the FNG website and will not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by Commission of such External Website or entity or the content contained in such External Website. The reproduction and use of any content linked to an External Website is subject to the conditions that the owners of External Websites may impose, and is at a User’s or Client’s own risk.
Where a Client or User is directed to an External Website, for example a payment processor, the Client or User may be asked to provide information including name, email address, mailing address and credit card number. The Commission is not responsible for the terms and condition or privacy practices of External Websites, and the Commission recommends that Clients and Users review the posted terms and conditions and privacy practices of External Websites prior to use.
Each Client and User acknowledges and agrees that the Commission Parties will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the User’s or Client’s use of or reliance on External Websites or content found on External Websites.
Disclaimer Regarding Accuracy of Content
Some Content, including Third Party Content, has been provided by or obtained from parties other than the Commission. The Commission makes no representations or warranties as to the accuracy or reliability of any Content on the FNG website, including Third Party Content.
Linking to the FNG Website
Clients or Users may include a link to the FNG website homepage on an External Website, provided:
- the External Website on which such link is featured is accessible to the general public and not provided through a subscription service or for a fee, except with the prior written consent of the Commission;
- the link is featured in a fair and legal manner that does not damage the reputation of the FNG or the Commission;
- the presentation and content of the link does not establish or imply any form of association between a Client or User and the Commission or approval or endorsement by the Commission;
- the presentation and content of the link does not suggest that the Commission has created any of the content of such External Website; and
- the FNG or Commission Trademarks is not reproduced on such External Website without the prior written consent of the Commission.
The Commission reserves the right to revoke the right to link to the FNG website, at any time, with or without cause, effective immediately without notice.
Governing Law and Jurisdiction
By accessing the FNG website, each Client and User agrees that the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia will govern these Terms of Service and apply to any issue that may arise regarding the use of the FNG website or the Service. Clients and Users agree to attorn exclusively to the jurisdiction of the courts of British Columbia.
The Commission’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or rights it may have under these Terms of Service. The Commission’s single or partial exercise of any rights it may have under these Terms of Service does not preclude it from exercising any other right, remedy, power or privilege.
If any term or provision of these Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision in these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms of Service constitute the entire agreement between each User or Client and the Commission with respect to the Service, the FNG website, the Content and any information obtained through communication with the Commission Parties.