The City of Saint John (hereinafter the “Copyright Holder”) owns the information and design of this site. Except for a single temporary copy in a single computer’s memory and a single permanent copy to be used by user, the information contained herein may not be used, copied, performed, distributed, rented, sublicensed, altered or stored for subsequent use, in whole or in part, in any manner, without the express prior written consent of the Copyright Holder (unless such use constitutes fair use under the Copyright Act, R.S.C. 1985, c. C-42). All information contained herein is believed by the Copyright Holder to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Copyright Holder is not responsible for any errors or omissions, either its own or its information providers’. All information is provided “as is” without warranty of any kind. The Copyright Holder makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party, including as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
The Copyright Holder (and affiliates) have no liability in tort, contract, or otherwise (and, as permitted by law, product liability), to user or any third party. The Copyright Holder (and affiliates) shall under no circumstance be liable to user or any third party for any lost profits or lost opportunity, or any indirect, special, consequential, incidental, or punitive damages whatsoever, from any application of the information provided within this site, even if the Copyright Holder has been advised of the possibility of such damages. Some Canadian provinces, and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be provincial provisions that supersede the above. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by an authorized officer of the Copyright Holder and are governed by the laws of Canada and the Province of New Brunswick.
1. Web Site Terms and Conditions of Use
The Copyright Holder may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If you do not accept the Terms and Conditions stated here, do not use this web site (hereinafter the “Web Site”).
2. Use of Material
(1) The Copyright Holder authorizes you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.
(2) The contents of this Web Site, such as text, graphics, images and other material (hereinafter the “Material”), are protected by copyright under both Canadian and foreign laws. Unauthorized use of the Material may violate copyright, trade mark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is strictly prohibited.
(3) If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
3. Copyright Holder’s Liability
(1) The Material may contain inaccuracies or typographical errors. The Copyright Holder makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
(2) COPYRIGHT HOLDER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COPYRIGHT HOLDER IS NOT RESPONSIBLE FOR THOSE COSTS.
(3) THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COPYRIGHT HOLDER AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COPYRIGHT HOLDER AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
4. Disclaimer of Consequential Damages
IN NO EVENT SHALL COPYRIGHT HOLDER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COPYRIGHT HOLDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. User Submissions
(1) Generally, any communication that you post to the Web Site is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Copyright Holder as confidential, that fact will be stated in “Legal Notices” on those pages. By posting communications to the Web Site, you automatically grant Copyright Holder a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
(2) The Copyright Holder does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Copyright Holder does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, the Copyright Holder may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Copyright Holder has no liability or responsibility to Users for performance or non-performance of such activities. The Copyright Holder reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
6. Links to Other Sites
The Web Site contains links to third party web sites. The Copyright Holder of the contents on such third party Web sites provides these links solely as a convenience to you and not as an endorsement. The Copyright Holder is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party web sites, you do so at your own risk.
7. Software Licences
All software that is made available for downloading from the Web Site (hereinafter “Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated “Legal Notice” accompanying such software (hereinafter “Licence Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.
8. Photographic and Other Content
Images on the Web Site are posted pursuant to licence or other agreements with third party creators (hereinafter the “Protected Images”). The Protected Images are protected by copyright and by the terms of the applicable licence or other agreement. By using the We Site, users agree not to download or reproduce any Protected Images for any purpose whatsoever without prior written approval from the Copyright Holder.
9. Limitation of Liability
Unless otherwise expressly provided in a Software Licence or Legal Notice, the Copyright Holder has no aggregate liability to you for all claims arising from the use of the Materials (including Software).
You agree to defend, indemnify, and hold harmless the Copyright Holder, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. Copyright Holder shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
11. Export Control
Some countries, such as the United States and Canada, control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
12. User Information
The Copyright Holder may use the information it obtains relating to you, including your IP address, name, mailing address, e-mail address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
This Web Site is based in the Province of New Brunswick. The Copyright Holder makes no claims the Materials are appropriate or may be downloaded outside of Canada. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of Canada and the Province of New Brunswick, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software Licence or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Copyright Holder with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Copyright Holder.