Terms of Reference
Please Read before you continue.
1. General Provisions
1.2 Modification of Terms. TDSB reserves the right in its sole discretion, and without notice, to change the terms, conditions, and notices under which the use of the Site is offered. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on particular sites or pages within the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.
2. Registration and Membership
2.3 Security of Communications. You acknowledge that any unprotected email or other communication (including your actions or communications related to any interactive Services and including any applications, registrations, or completion of on-line forms) over the Internet is not secure and confidential, is subject to possible interception or loss, and is also subject to possible alteration. You accept sole responsibility for the security and confidentiality of all electronic communications between you and TDSB. TDSB is not responsible for and will not be liable to you or any one else for any damages in connection with any communication sent by you to TDSB or any communication sent by TDSB to you at your request.
2.4 Passwords and Member Privileges. Upon registering, you may receive a password and ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify TDSB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TDSB will not be liable for any loss or damage arising from your failure to comply with these requirements. In particular, and without limiting the generality of the foregoing, TDSB will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TDSB or another party due to someone else using your account or password. You may not use anyone else's account at any time, with or without the permission of the account holder.
2.5 Minors/Parental Controls. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Site; and (c) the consequences of any misuse by the minor.
2.6 Payment for Services. Some Content and/or Services on the Site may be offered to you conditioned on your purchase of a subscription and/or the payment of fees. If you elect to purchase subscription -based or fee-based Content or Services and transmit to TDSB a subscription purchase request or subscribe for fee-based services, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. Your subscription is personal to you, and you may not transfer or make available your account name and password to others, including without limitation other students and/or your co-workers. Any distribution by you of your account name and/or password is a breach of this agreement, and in addition to all other legal consequences may result in cancellation of your subscription without refund and, in addition, charges based on unauthorized use.
3. Use of Site
3.1 Personal Use. The use of the Site is solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. Without limiting the generality of the foregoing, without the advance express written permission of TDSB you may not 'meta-search' the Site, send, or cause to be sent, any automated queries of any sort to the Site, or use the Site in any other commercial manner.
3.2 No Unlawful or Prohibited Use. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Without limiting the generality of the foregoing, and in addition to the specific prohibitions in section 3.3 hereof, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Service (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of any part of the Site or any Content or Service. You may not attempt to gain unauthorized access to the Site or any Content or Service, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
3.3 Prohibited Conduct. Without limiting the generality of any other prohibition or restriction contained herein, you agree that you will not use the Site to:
3.3.1 Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
3.3.2 Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3.3.3 Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
3.3.4 Harm minors in any other way.
3.3.5 Make any sexual request on behalf of a minor or make any sexual request of a minor.
3.3.6 "Stalk" or otherwise harass another.
3.3.7 Collect or store personally identifying information about other users for commercial or unlawful purposes.
3.3.8 Impersonate any person or entity, including, but not limited to, a TDSB official, employee, forum leader, guide, teacher or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3.3.9 Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site.
3.3.10 Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
3.3.11 Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
3.3.12 Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
18.104.22.168 Making available copyrighted software or other Content that has had the copyright protection removed.
22.214.171.124 Making available serial numbers for software that can be used to illegally validate or register software.
126.96.36.199 Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
188.8.131.52 Making available any software files for which the user does not own the copyright or have the legal right to make available.
3.3.13 Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
3.3.14 Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site, the Content, or the Services.
3.3.15 Use automated means, including spiders, robots, crawlers, or the like to download data from the Site.
3.3.16 Conduct your own contests and promotions.
3.3.17 Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
3.3.18 Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content, including, without limitation, by incorporating Content into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
3.3.19 Sell, distribute, or make any commercial use of Content or make any other use of Content in a manner which could be expected to offend any person for whom the data is relevant.
3.3.20 Disrupt the normal flow of dialogue in a chat room or on a bulletin board, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
3.3.21 Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
3.3.22 Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, and any regulations having the force of law.
3.3.23 Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
3.3.24 Access any Content or Service after your account or access has been terminated by TDSB.
3.3.25 Fail to complete any transaction after submitting an order to purchase any goods or services from TDSB, or breach any terms and conditions governing such transactions.
3.3.26 Purchase any Services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
3.3.27 Use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of TDSB or the party from whom such software may be licensed.
3.3.28 Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site.
3.3.29 Advertise, offer for sale, or sell any product or service.
3.4 Code of On-Line Conduct. In addition to the provisions contained herein, all users of the Site must comply at all times with the Code of On-Line Conduct of the TDSB as it is in force from time to time. The Code of On-Line Conduct can be viewed at: http://WWW.TDSB.ON.CA/tdsb/initiatives/OCCfinal.htm.
3.6 Other Jurisdictions. It is important to note that not all of the Content or Services are available in provinces outside of Ontario or in jurisdictions outside Canada. Content and Services are expressly not being made available and not offered, and TDSB hereby expressly denies you the right to use them, in any jurisdiction in which they are not lawful. It is your responsibility to be aware of the laws of your province or country or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of Ontario, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations, including but not limited to the export laws and regulations of Canada in force from time to time.
4.1 Generally. Content provided by TDSB and other sources on the Site (including but not limited to Content with respect to schools and Content contained in Services including automated learning systems) is believed to be accurate and reliable when placed on the Site, but TDSB cannot guarantee it is accurate or complete or current at all times. Content on this Site is for informational purposes only and is not intended to provide any type of advice and should not be relied upon in that regard. Where the accuracy, completeness or currency of any information contained in any Content is important to you, it is your responsibility to verify it from other sources selected by you and known by you to be reliable.
4.2 Third Party Content. Some of the Content available on the Site, including but not limited to Content that is part of the Services, is obtained from, or posted by, third parties. Such third parties are solely responsible for the information or content they make available through the Site.
4.3 Links. Links from or to web sites outside the Site are meant for convenience only. TDSB does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and TDSB will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and TDSB is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
5.1 Reasonable Efforts. TDSB will use its reasonable efforts to ensure that any Services (whether provided free or on a fee-for-service basis) are designed and implemented to operate in accordance with their specifications and accomplish their intended goals. Notwithstanding the foregoing, under no circumstances will TDSB have any liability for any failure of any Service to operate properly or to accomplish its intended or stated goals or any of them. Without limiting the generality of the foregoing, you agree that TDSB has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by or in respect of any Service.
5.2 Personal Work. If you are participating in any Service that includes submission of any work (including but not limited to narrative or selected answers to questions, essays, reports, graphical materials, responses, comments, analyses, or any other materials of any sort whatsoever), you represent and warrant at the time of such submission that such work complies in all respects with the plagiarism and copyright policies of TDSB in force at that time. Without limiting the generality of the foregoing, you agree, represent and warrant that all work submitted by you is the sole result of your personal effort, and is not a copy, abstract, precis, paraphrasing, extract, excerpt or other duplication of any sort whatsoever of the work of any other person, unless the work submitted is clearly labeled as such.
5.3 Evaluation and Results. To the extent that any Service involves the evaluation by or on behalf of TDSB of any work or activity by you as a user thereof, TDSB does not warrant or guarantee the accuracy or appropriateness of any mark, evaluation, assessment or other opinion of progress or quality, and shall have no liability for any failure of any such evaluation to be fair or accurate. TDSB will use its reasonable efforts to ensure that all marking, evaluation, assessments and opinions of progress or quality related to any of the Services shall, if carried out by qualified teachers on an individual basis, be in compliance with the policies of the TDSB from time to time relating to assessment of student performance. Where any marking, evaluation or assessment is automated, TDSB does not represent or warrant that the automated system will be accurate, complete or fair, nor that any quality control or other system in place with respect to such automated system will operate effectively. TDSB shall have no responsibility to manually review the results from any automated marking, evaluation or assessment system.
5.4 Use of Services. In addition to any other provisions herein with respect to use of the Site, you agree that you will use any Service, whether free or fee-based, solely for its intended purpose and solely in the manner that it is intended to be used.
6. Intellectual Property
6.3 Trademarks. Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-marks owned by TDSB, or trade names or trade-marks licensed to them. The trade-marks are distinguished from one another and accompanied, at first-time use, with the appropriate trade-mark symbol: ®/T/*. These symbols are keyed to their respective legend which describes the owner or licensee of the trade-mark. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted to anyone else.
7. Disclaimer of Warranties and Limited Liability
7.1 Disclaimer of Warranties. THE SITE, ALL CONTENT, AND ALL SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TDSB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TDSB DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF CONTENT ON THE SITE. TDSB DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT OR SERVICE. TDSB DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
7.2 Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TDSB BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, ANY CONTENT, OR ANY SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TDSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR ANY PART THEREOF, FROM INABILITY TO USE THE SITE OR ANY PART THEREOF, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE USE OF THE SITE OR OF ANY SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
7.3 Force Majeure. UNDER NO CIRCUMSTANCES SHALL TDSB BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
7.4 Intent of Limitations. All limitations of the liability of TDSB contained herein are intended to be cumulative. In the event that any court of competent jurisdiction determines that any limitation on the liability of TDSB is unlawful or unenforceable in any applicable jurisdiction, you and TDSB hereby agree that the limitations of liability of TDSB hereunder shall, with respect to such jurisdiction, be deemed to be those limitations that most fully limit the liability of TDSB within the laws of that jurisdiction.
7.5 Indemnity. By using the Site you agree to indemnify TDSB and its trustees, officers, employees and independent contractors hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the Site (including for greater certainty you use of any Content or Services), or your submission of information (personal or otherwise), ideas and/or related materials to TDSB or from any person's use of any account or password you maintain, regardless of whether such use is authorized by you. By using the Site, you are hereby agreeing to release TDSB and its trustees, officers, employees and independent contractors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the use of the Site, Content or Services or to any disputes regarding use of ideas and/or related materials submitted to TDSB. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
8.1 Proper Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You and TDSB each hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario.
8.3 Additional Remedies of TDSB. In addition to any other remedy TDSB may have for any breach by you of the provisions of this Agreement, TDSB may in its sole discretion terminate your access to all or any part of the Site, Content or Services without notice, and shall have no liability to you in the event that it does so.