Terms of Use
Effective Date: Oct. 20, 2022
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH HELIX OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND OTHER SERVICES.
These Terms of Use (“Terms”) are a legal agreement between you and Helix Town, together with its affiliates and partners (hereinafter collectively referred to as “Helix”, “we”, “us”, or “our”) relating to any website(s), mobile application(s), platform and services of Helix (collectively, hereinafter referred to as the “Services”). By using any of our Services, you agree to comply with and be legally bound by the Terms, whether or not you become a registered user of any of the Services. By agreeing to the Terms you further agree to our Privacy Policy available at [https://www.helixtown.org/privacy-policy] that is incorporated herein by reference.
Accessing and/or using any of the Services is the equivalent of your signature and indicates your acceptance of the Terms and that you intend to be legally bound by the Terms. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to the Terms.
You agree that it is solely your responsibility to ensure that your access to and use of the Services complies with the laws of your jurisdiction. We make no representation that the Services are appropriate for use outside Canada.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.
Minors
Minors must not use the Services for any purpose where it is indicated that a parent or guardian is required to provide authorization. In the event that you a minor uses the Services for any such purpose, the parent or guardian of such minor is fully responsible for: (a) the online conduct of that minor; (b) controlling the minor’s access to and use of the Services; and (c) the consequences of any misuse of the Services by the minor.
Changes and Amendments
We reserve the right at any time and from time-to-time to modify, edit and update these Terms and any of our policies. If we decide to change these Terms, we will post a notice of the changes on the Services and update the Effective Date listed at the top of these Terms. You should review these Terms and all policies regularly to make sure that you are aware of any changes. Your access and use of the Services on and after the date on which we post any revised version of the Terms or any policies constitutes your acceptance of the Terms as revised as well as of any revised policies.
Prohibited Uses
When using the Services and in all activities relating thereto, you agree not to do any of the following:
submit false or misleading information to the Services;
download, copy, or re-transmit any or all of the Services without, or in violation of, a written license or agreement with us;
use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;
use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Services for any purpose including monitoring or copying any of the material on the Services, or use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services, or use automated scripts to collect information or otherwise interact with the Services;
use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the web/Internet;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Services are hosted;
attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
attempt to interfere with the proper working of the Services, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Services;
use the Services to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Services with that person’s knowledge or consent;
distribute the content of the Services for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
post or transmit any content or submissions, about yourself or another person or entity, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child or other person’s present or future location, that contain language that is otherwise deemed offensive by us, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
use the Services in any manner that promotes and/or enables illegal or unlawful activities;
permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or the rights of our licensors, or allow any third-party to access the content, including without limitation, intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
use the Services other than for its intended purpose, or in any manner not expressly permitted in these Terms;
remove any copyright, trademark, or other proprietary rights notice from the Services or any content thereof;
create a database by downloading and saving content from the Services;
delete or revise any content on the Services;
transmit, disclose, collect or store personal information about others;
attempt to defeat any security measures that we take to protect the Services;
violate any local, municipal, provincial, national, or other law or regulation, or any order of a court;
register for more than one user account or register for a user account on behalf of an individual other than yourself; or
advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or take other appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.
Unauthorized use of the Services, including but not limited to such uses as are set out above, is a material breach of these Terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You hereby represent and warrant to us that you will utilize the Services and any content, data or other information provided to you thereby in accordance with applicable laws, being those laws applicable to the Services and those laws that are applicable in accordance with the jurisdiction where you are located. The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.
Consent to Advertisement; No Endorsements
By using the Services, you consent to us posting advertisement materials on portions of the Services. Unless expressly stated, we do not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Services.
Your Account and Your Use of Services
An account may be required to access and utilize certain portions of the Services. If you have an account for any Services you are responsible for your account: keep your password and other login information private.
All information you provide to us must be accurate and complete, including but not limited to all account information. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using the Services is not permitted. We reserve the right to revoke or deactivate your account, username and/or password at any time.
You hereby agree to provide accurate and current information about yourself, and any minor for whom you are a parent or guardian, as required by the registration process and the Services, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind is a violation of these Terms may result in the termination of your account.
We will not be liable or responsible in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section of these Terms.
Do not provide any information or other submissions to us other than those expressly requested by us or any third party assisting with the Services. All information and submissions provided to us shall be utilized in accordance with our Privacy Policy, and you hereby grant us all rights and authorizations required for us to use such submissions for the Services.
Donations
Some of our Services will provide you with the option to make a donation to Helix, and you may be given the option to make a donation via an electronic payment service. Such electronic payment service may be facilitated by a third party service provider on our behalf. You are responsible for providing all information required for such payments, and for compliance with such third party service provider’s terms of use and other policies and requirements. We bear no obligation or liability relating to such third party service provider or any actions or omissions of such third party service provider.
We Are Not Responsible for Any Third Party Content, Links or Services
We may engage third party service providers to assist with the provision of the Services. For example, third party service providers may store information or provide content via their platforms, and if we obtain your credit card information for donations, we may employ third party payment processors to receive such information and process payments therewith. Third party services that are incorporated in or linked to the Services, or provided by third party service providers for the Services, whether linked to via the Services in apps, websites or any other environment or format (collectively “External Content”), are outside of our control.
We do not control, endorse, verify the truth or accuracy of, or review any External Content, and we are not responsible for such External Content, whether or not any link or reference thereto is incorporated in the Services. By using the Services, you expressly release Helix from any and all liability arising from your use of any External Content. Accordingly, when you leave the Services or submit information to any External Content accessible from the Services, the terms and conditions, privacy policy and other policies relating to such External Content will apply to you. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Services. Your linking to any other off-site websites is at your own risk.
Risk of Transferring Information via the Internet
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information or other data transmitted to or from the Services. Any transmission of personal information and other data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.
Intellectual Property Rights
We own or license all rights to the Services, including all content therein, and all intellectual property rights therein, including without limitation copyright, trademark, patent, industrial designs, trade secrets and all other intellectual and proprietary rights therein. We hereby grant you a non-exclusive, revocable, non-transferable license right, without any right of sublicense, to access and use the Services solely for non-commercial and personal purposes in accordance with the Terms and all applicable laws during the period of time when such Services are made available to you by Helix. All rights not expressly granted in these Terms are reserved by Helix.
You are authorized to view, download and print portions of the Services solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Services, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.
You agree not to infringe our or any other contributor to the Service’s intellectual property rights. You may not reproduce, create derivative works of, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, publicly perform or publicly display the content or the Services, or any portion thereof, or otherwise use the Services or any of our data or systems in any manner not expressly permitted in these Terms without our prior written consent. Moreover, you shall not, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented for use of the Services. Furthermore, you shall not assist or induce any third party in any of the foregoing. You may, however, use the Services as they are designed and intended to be used.
Monitoring
You acknowledge and agree that Helix has no obligation to monitor the Services or any content, Submissions, data or other information accessible through the Services, but it does have the right to monitor any Services and any content, Submissions, data or other information accessible through the Services. We may undertake such monitoring pursuant to law, regulation or other reasonable governmental requests, as well as pursuant to our own interests, at our sole discretion.
Feedback
Should you provide any feedback or commentary to us relating to the Services, our business or otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, you will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.
Termination
Your permission to use the Services ends immediately if you violate any clause or section of the Terms. We may place limits on, modify, or terminate your right to access and use of the Services and/or content at any time. This suspension or termination may involve the deletion of information, files, and other previously available content, data and/or Submissions. We reserve the right to terminate your rights to the Services without any notification to you, in our sole discretion
The restrictions imposed on you with respect to the Services, the disclaimers, and limitations of liabilities set out in this Agreement and other sections that by their nature survive, shall survive termination of this Agreement. We shall not be liable to you or to any third party for such termination.
You may terminate the Terms: (i) in accordance with any agreement in place relating to the provision of the Services to you; (iii) in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination; or (iii) if you are only accessing our website and do not have any account at any time, with immediate effect by ceasing use of the Services and uninstalling and removing all local software components thereof, if any, from your systems, including removing the Services from your mobile device, if applicable.
No Warranties
THE SERVICES ARE PROVIDED “AS IS”. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY WARRANTY THAT CONTENT ON THE SERVICES OR THE SERVICES SATISFY GOVERNMENT REGULATIONS. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY REPRESENTATION CONCERNING THE SERVICES OR CONTENT WHEN USED IN ANY COUNTRY.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in the terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make the terms with such prohibitions.
Limitation of Liability
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of the Services or any content, Submissions, data, or other information submitted, transmitted, or received via the Services.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100).
UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE SERVICES, WILL WE, OR OUR AFFILIATES OR LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR HARM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither we, nor our affiliates, employees, directors, or officers, or our licensors or third party service providers, are or will be liable for any personal injury, including death, attributable to or caused by your use or misuse of the Services, or content posted or made available through or in relation to the Services.
Any limitations of your liability in the Terms do not apply to breaches of confidentiality, data security or intellectual property by you, or breaches of any of your obligations in the Terms, or any of your indemnification obligations in the Terms.
Indemnity
You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors, harmless from any claim or demand, including attorneys' fees (on a solicitor and client basis), including but not limited to any made by any third party, as a result of any of the following: (i) any submissions, content or other information made available via the Services that is provided by you; (ii) any results, harm or damages arising from your use of the Services, content or information made available via the Services; (iii) any violation of any law that occurs due to your use of the Services, the submissions, content or information posted or made available via the Services; (iv) anything you do using the Services, or any submissions, content or information made available via the Services; (v) any breach or alleged breach by you relating to confidentiality, privacy, data security, or intellectual property; and (vi) your willful misconduct or negligence.
Remedies
IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SERVICES. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims under the Terms, including any and all arising in connection with your use of the Services, must be brought within one (1) year of the first date of the event giving rise to such claim. Remedies under the Terms are exclusive and are limited to those expressly provided for in the Terms.
Compliance with Investigations
We will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.
General Legal Terms
Additional Terms: If you have an account, additional terms may be imposed when you create and utilize the account, could be provided in writing to you by us, or may be imposed within any order form or other agreement you enter with us for the Services (the foregoing collectively the “Additional Terms”). All Additional Terms are hereby incorporated by reference into the Terms.
Entire Agreement: The Terms is the entire agreement between you and us relating to the Services. The Terms replace any prior agreements. If there is any conflict between the Terms and a mutually signed written agreement between you and us related to the Services, the signed written agreement will control.
Modify/Discontinue Services: We reserve the right to modify or discontinue our Services with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiary: Other parties may have rights under the Terms. A “third party beneficiary” is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. For example, our licensors may be third party beneficiaries to the Terms pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to the Terms, the rights and protections provided to us under this Terms inure to their benefit.
Translation: If we provide you with a translation of the English language version of the Terms, the English language version of the Terms will control if there is any conflict.
Enforcement: If we choose not to enforce any provision of the Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of the Terms does not constitute a waiver of that provision. If any provision in the Terms is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
Assignment: The Terms are not assignable, transferable, or to be sublicensed by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.
Severability: Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
Governing Law: These Terms are subject to the laws of the Province of Ontario and other applicable Canadian federal and provincial laws. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts.
Contacting Us: Questions or comments regarding the Services should be directed to us at: info@helixtown.com
© Helix Town, 2024.