These general terms and conditions of use (the “Terms of Use”) is an agreement between you (“You”) and Time and Knowledge Nazrana Central Office (“TKN”), governing the use of www.timeandknowledge.org (the “Website”) owned by TKN. “We” and “Us” means both You and TKN.  The effective date of these Terms of Use is when You accept or are deemed to accept these Terms of Use in accordance with the procedure set out in these Terms of Use.  These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.
 
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail.  If You have an account profile with TKN, TKN will send You information and documents to the e-mail address in Your account profile on the Website.  You will send information and documents to TKN by email to the addresses given to you by TKN.
 

Ownership and Copyright

 
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, logos, and trade names contained on this Website and all intellectual property rights related thereto, including, without limitation, registered and unregistered trade-marks copyrights, (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, TKN or its licensors, as the case may be.
 
TKN grants You a personal, non-transferable and non-exclusive license to access and read the Content.
 
You agree that You will not:
 
  • (a) Distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;
  • (b) Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
  • (c) Allow any third-party to access the Content.
 
You give TKN a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”).  You waive all moral rights in any UGC.  You will not post UGC that infringes any intellectual property rights including copyright or trade-mark, contains any defamatory, libelous, obscene, abusive, false or misleading statements, or depicts people without their permission.
 

Limitations on Liability and Disclaimers

 
This Website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.
 
This Website may contain links to other sites. TKN does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk.  In providing links to the other sites, TKN is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that TKN is affiliated or associated with same.  TKN does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites.  The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.
 
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
 
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action.
 
IN NO EVENT WILL TKN, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF TKN OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
 
TKN assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. TKN is not responsible for any Content that You may find undesirable or objectionable. TKN disclaims any liability for unauthorized use or reproduction of any portion of the Website.
 
Accessing the Content from territories where it may be illegal is prohibited.
 

No Warranty

 
TKN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER, SYSTEMS OR NETWORK THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  
 
TKN DOES NOT REPRESENT OR WARRANT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE OR THAT THE CONTENT IS CORRECT, ACCURATE, OR RELIABLE.
 

Indemnity

 
You agree at all times to indemnify, defend and hold harmless TKN, its agents, suppliers, affiliates, service providers and its or their respective directors, officers, members and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by TKN directly or indirectly, that result directly or indirectly from:
 
  • (a) Any UGC You provide on or through this Website or which is sent to TKN electronically;
  • (b) Your use, misuse, reliance on or inability to access the Content or this Website; or
  • (c) Your breach of these Terms of Use.
 

Termination

 
TKN may terminate these Terms of Use and restrict or suspend your use of the Website for any reason without notice within its sole discretion. Any such termination by TKN shall be in addition to and without prejudice to such rights and remedies as may be available to TKN, including injunction and other equitable remedies.
 
Any terms of these Terms of Use which contemplate survival beyond termination shall survive, except to the extent not permitted by law.
 

Governing Law and Attornment

 
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
 
For the purpose of all legal proceedings relating to these Terms of Use and Your use of this Website, these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under these Terms of Use. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.
 

Type of Proceeding

 
You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against TKN related to the Content or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against TKN.
 

Notices

 
Every notice that TKN is required or permitted to be given or made under these Terms of Use to You shall be written and shall be made to the email address in Your account profile with this Website. Every notice that You are required or permitted to be given or made under these Terms of Use to TKN shall be written and shall be made through the “Contact Us” form on the Website.
 

Amendment

 
TKN reserves the right to change these Terms of Use at any time.  As a result, TKN requests that You visit the Website from time to time in order to be informed of possible changes in these Terms of Use.  Each time these Terms of Use are modified, the date of the Terms of Use will be updated to reflect that changes were made.  Changes will take effect on the 31st day from the date of posting such changes.  In addition to modifying the date, TKN will post all updates to these Terms of Use on the “Terms of Use” page of the Website.
 

Severability

 
Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.
 

Personal Information

 
The use by TKN of Your personal information is governed by TKN’s privacy policy (the “Privacy Policy”) which can be found on www.timeandknowledge.org/privacy-policy. You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.
 

Assignment

 
TKN may assign these Terms of Use to a third party without notice to You and without Your consent.
 

No Waiver

 
TKN’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any of these terms or TKN’s right to enforce these terms.
 
Last modified:  November 8, 2013