TERMS AND CONDITIONS OF USE

Thank you for choosing our services, which include but are not limited to our site, software, applications, content, products and services (hereinafter referred to as “services”). The services are provided by Groupe Média TFO (hereinafter “TFO”), located at 21 College Street, Suite 600, Toronto, ON, M5G 2B3, Canada.

Our services are the property of and are operated by TFO. Our services are offered subject to your acceptance of these Terms and Conditions of Use. Please read them carefully.

As we offer a wide range of services, additional or particular terms and conditions may apply to certain specific services. You will be informed of any additional terms and conditions when you access such services. In choosing to use these services, you accept these additional terms and conditions as part of your contractual agreement with us.

1. Acceptance of the Terms and Conditions of Use

In using, viewing or browsing TFO services, you agree to comply with these Terms and Conditions of Use and to abide by the terms of our Privacy Policy. The Terms and Conditions of Use and Privacy Policy apply both to individual and institutional subscribers and to occasional users of our services.

TFO’s Privacy Policy explains how we handle your personal information and protect your privacy when you use our services. In using our services, you allow TFO to use this information in accordance with our Privacy Policy.

In accessing our services, you accept––or, if you are aged 18 or under, your parents and/or legal guardians accept on your behalf––the following terms and conditions. Teachers and other professionals who are responsible for the students of an educational institution and authorize these students to access our services in the context of a course will be considered their students’ legal guardians for the purpose of the following terms and conditions.

TFO reserves the right to modify the terms and conditions of use at any time by posting a notice of change online. Repeated use of our services after the changes have been posted constitutes your acceptance of the modified terms and conditions. If you do not accept the changes made to the terms and conditions of use for a certain service, you must cease all use of our services.

2. Limited Right of Use

Viewing, printing or downloading any content, visual element, form or document from any of TFO’s services only grants you limited, non-exclusive permission to use our services for your own educational, non-commercial purposes. If your user profile grants you such a privilege, you also have the right to share this content with others and/or create and publish new content in accordance with the limitations of your profile.

Apart from the rights specified in this section, you may not modify the content of TFO resources, nor may you copy, distribute, transmit, post, execute, reproduce, publish, transfer, offer to sell, grant permission to use, or create derivative products from any TFO resources unless the right to do so is explicitly granted to you by TFO.

Any illegal or unauthorized use of the resources, including collecting the user names or email addresses of members by any means, electronic or otherwise, in order to distribute unsolicited emails; using any information extraction systems, electronic or otherwise, in order to reproduce any content from our services other than for your own personal enjoyment; and framing our services or creating links to our services with no authorization, will be subject to an investigation and, if warranted, to legal action.

3. Your TFO Account

You may need a TFO account in order to use some of our services. You can create your own TFO account or have an administrator (such as your employer or educational institution) assign one to you. If you have been assigned a TFO account by an administrator, different or additional terms and conditions of use may apply, and your administrator may be able to access or deactivate your account.

You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. In all cases, whether they are downloading or simply viewing TFO resources online, users agree to never allow anyone to use their user name or password to access our services.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

4. Your Content and Our Services

Our services may include an interactive component that allows visitors and users to post and publish comments, information and other materials (hereinafter referred to as a “submission”).

You must hold all rights and licences to any content you submit, and you represent and warrant that your submission does not violate the rights of other users, including but not limited to copyrights and privacy rights. You must represent and warrant that your submission does not contain content that contravenes a law or is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law..

You grant TFO a non-exclusive, royalty-free, permanent, unrestricted, irrevocable copy of as well as a worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, copy, execute or publicly display, transmit or distribute, print, publish, comment on, translate, modify, adapt, publicly perform, make available, create derivative products from, and otherwise exploit any content you may submit, in whole or in part, in all media formats and channels now known or hereafter devised, including third-party sites and platforms, as well as the right to sub-license all or part of such rights to third parties, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

Although TFO reserves the right to monitor submissions posted on these services, it is under no obligation to do so. Notwithstanding the foregoing, TFO may delete any submission it deems inappropriate as per these Terms and Conditions of Use.

TFO also reserves the right to suspend or terminate your account and/or your access to our services without notice, at its sole and absolute discretion, if it deems that you have violated the terms and conditions of use.

TFO reserves the right to disclose details about any submission to the police or any other competent authority where such disclosure is required by law.

5. Unauthorized Use

The services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the services are owned by us or our licensors or licensees. Unauthorized use of TFO content may violate copyright, trademark, privacy and advertising laws, or the laws and regulations governing communications. TFO and its partners assume no liability for the unauthorized reproduction or use of the information found in our services.

Your use of TFO resources grants you no ownership rights over the intellectual property elements contained in our services and does not infringe upon TFO’s rights over the information and content included in our services.

6. Third Party Services and Content

TFO’s services may contain links to other websites or web resources. Even though TFO strives to carefully select the links it offers, it is not responsible for third parties’ accuracy or availability of information, or for their privacy policies. You are encouraged to conduct any verification you deem necessary before using these sites.

If you access a service using an Apple iOS, Android or Microsoft Windows-powered device or Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the services. You agree that your access to the services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

When you access the services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all services may work with your network provider or device.

7. Disclaimer of Warranty and of Liability

YOU ACCEPT THESE SERVICES AS SUCH AND YOU BROWSE OUR SERVICES AT YOUR OWN RISK.

TFO ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY OTHERS IN THESE SERVICES, AND YOU ACKNOWLEDGE THAT THE POSTS AND PUBLICATIONS CONTAINED IN THESE SERVICES DO NOT NECESSARILY REFLECT THE VIEWS OF TFO.

TFO PROVIDES NO WARRANTY THAT THE FUNCTIONS AND/OR RESOURCES CONTAINED IN THE SERVICES WILL BE FREE OF ERRORS OR INTERRUPTIONS, OR THAT DEFECTS WILL BE CORRECTED. TFO ALSO ASSUMES NO LIABILITY FOR ANY LOSS OF DATA OR OTHER DAMAGES OR PROBLEMS EXPERIENCED BY YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SERVICES.

8. Limitation of Liability

Under no circumstances, including but not limited to negligence, shall TFO or its administrators, directors and managers be liable, jointly or individually, for any direct, indirect, incidental or consequential damages of any kind, including but not limited to loss or use of data arising out of, or in connection with, the use of our services or any content in our services, or the impossibility to use these services, even if TFO or one of its representatives has been informed of the possibility of such damages.

9. Jurisdiction and Governing Law

Our services are operated and managed on TFO premises, located in Ontario, Canada. TFO makes no representation and assumes no liability for the availability or functionality of our services and content when used outside of Canada. Users accessing our services from outside of Canada use them at their own risk and are responsible for compliance with their local laws, where applicable.

These Terms and Conditions of Use and Privacy Policy set forth the entire agreement between you and TFO in relation to our services and supersede all previous agreements or communications about our services. This agreement shall be interpreted in accordance with and subject to the laws of the province of Ontario, Canada, and all applicable federal laws of Canada; any disputes between you and TFO will be resolved by the competent courts of Ontario.

To contact TFO:

By email: vos_questions@tfo.org

By phone: (416) 968-3536 or 1 (800) 387‑8435 (toll-free outside of Toronto)

Last updated: June 2017