Nature Explorers Terms of Use

1. Introduction

Welcome to the NatureExplorers.ca website (the “Nature Explorers Site”). By using the Nature Explorers Site you agree, without limitation or qualification to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of a Nature Explorers Site. If you do not agree with these Terms and Conditions, you may not use the Nature Explorers Site.

2. Registration

Various services may be available on the Nature Explorers Site (the “Services”), and access to such Services including any related material, software, information, data images, photographs, audio, video, text and other content (“Content”) may require you to register or subscribe. If you are required to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information in order that it is kept accurate and complete. You further agree that you are responsible for : (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Nature Explorers Site, and (b) all activities that occur, including transactions effected, under such password or account. Further, you agree to notify Nature Explorers of any unauthorized use of your password or account. Without limiting Section 7, Nature Canada will not be responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

3. User Conduct

As a user of the Nature Explorers Site, and in consideration for the availability and your use of the Nature Explorers Site, you agree to comply with all applicable laws and these Terms and Conditions when using the Nature Explorers Site. You agree not to:

  • misrepresent your identity;
  • post material intended to further commercial purposes;
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would be harmful or could constitute a criminal offense or give rise to civil liability;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; and
  • post, transmit, link to, or otherwise distribute any information, material (including for greater certainty, software) which becomes a virus, cancelbot, trojan horse, work or other harmful or disruptive component.

4. Ownership of Website Content

Nature Canada either owns or is a licensee of the Content contained on the Nature Explorers Site, including all images, photographs, audio, video, and text. Except as expressly provided for in these Terms and Conditions you are not permitted to copy, reproduce, alter, or modify the Content found on the Nature Explorers Site.

5. Use of Comment Features

The Nature Explorers Site provides various Comment Features that you may use in accordance with the Terms and Conditions that are provided herein. When posting any message upon the Nature Explorers Site, you agree not to:

  • post messages that mention real names, or the name of a location or school in reference to an individual, or the contact information of any individual including their email address, phone number and home address, even if posted without explicit reference to the individual;
  • post messages that include profanity, vulgarity or swearing;
  • post messages that are in any way demeaning or cruel, or which attack any individual, whether or not a user of the Nature Explorers Site;
  • post messages that comprise links to materials or content that does not pertain to the topic or theme of the discussion; and
  • post messages that are of a commercial nature.

You should be careful when using any comment or chat feature. Nature Canada cannot be responsible for the content or accuracy of any information that are posted by users upon the Nature Explorers Site.

Please note that the Nature Explorers Site is moderated, and Nature Explorers reserves the right to refuse to post any message to the Nature Explorers Site, and may also, in its sole discretion, remove a message, or part of a message that has already been posted, if such message, or part of such message is in its sole discretion undesirable, unacceptable or in violation of these Terms and Conditions.

6. Submissions to Nature Explorers Site

The Nature Explorers Site may provide mechanisms by which materials may be uploaded by users. For any material that you upload to the Nature Explorers Site, you represent that you are the author of that material and automatically grant Nature Canada the non-exclusive, unrestricted, royalty-free, perpetual right to use, reproduce, communicate, modify and display the materials (in whole or in part) for purposes related to the Nature Explorers program without any fee or other form of compensation, and without further notification or permission.

7. Disclaimer and Limitation of Liability

NOTE: Please read this disclaimer in its entirety before using our web site. For the purpose of this disclaimer, Nature Canada will be referred to as "The COMPANY"

General Disclaimer of Liability THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE OWNER OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

User agrees to indemnify, defend and hold Owner and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer's fees and expenses, related to a User's violation of this Agreement or use of the Web site.

All responsibility or liability for any damages caused by viruses contained within the electronic files or at the site is disclaimed.

Hyperlinks

This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by the COMPANY.

8. Modifications

Nature Canada reserves the right, in its sole discretion to add to, remove from, modify or otherwise change any part of these Terms of Use, in whole or in part at any time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the Nature Explorers Site. Please check these Terms of Use regularly for updates. If any change is not acceptable to you, you must discontinue your use of the Nature Explorers Site immediately. Your continued use of the Nature Explorers Site after any such changes are posted will constitute acceptance of those changes.

9. Links to Third Parties

There may be links on the Nature Explorers Site which take you to other websites, including advertisers and sponsors which are not under the control of Nature Canada (“Third Party Sites”). These links are provided only as a convenience, and Nature Canada does not endorse such Third Party Sites, or any offerings or content found upon such sites. Without limiting Section 7, you are solely responsible for your decision to visit such Third Party Sites, and Nature Canada is not liable in any way for the accuracy, relevancy or legality of material contained in such sites.

Some Third Party Sites may offer products or services available through that site. You acknowledge and agree that your correspondence or dealings with any third parties, including advertisers on the Nature Explorers Site, are solely as between you and such third parties. Nature Canada assumes no responsibility whatsoever for any costs incurred by you, or products purchased by you through such Third Party Sites. You agree that Nature Canada will not be responsible for any loss or damage of any kind as a result of, or in connection with, any such dealings or transactions.

10. Privacy

For information on how user information is collected, used and disclosed by Nature Canada in connection with your use of the Nature Explorers Site, please consult our Privacy Policy.

11. Nature Explorers Termination

Nature Canada reserves the right to suspend or terminate your access to the Nature Explorers Site, at any time for convenience, or for any other reason, including without limitation if Nature Canada has determined in its sole discretion that the use by you, or of third parties using your passwords or accounts of the Nature Explorers Site was in breach of these Terms of Use.

12. Governing Law

These Terms of Use will be governed by the laws of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

13. General Provisions

These Terms of Use you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms of Use constitute the entire agreement between you and Nature Canada pertaining to your use of the Nature Explorers Site and Content, and supersede any prior agreements between you and Nature Canada relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms of Use are determined to be void, invalid or other unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein.