Canada’s Ocean Summit 2016 – Terms of Use Agreement

Effective Date: December 9, 2015; Updated: December 9, 2015.

Welcome to the online service of World Wildlife Fund Canada (“WWF,” “WWF-Canada,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement (including the policies and procedures referenced herein). If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Service Rules

In connection with your use of our Service, you may not and you agree that you will not:

(1) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions; (2) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (3) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (4) use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Service; (5) distribute email to individuals other than personal contacts or family relationships; (6) "stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user (except as expressly permitted by the Service); (7) register for more than one Account or register for an Account on behalf of an individual other than yourself; (8) recruit or otherwise solicit any other user to join third party services or websites that are competitive to WWF, without WWF’s prior written approval; (9) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (10) use automated scripts to collect information or otherwise interact with the Service; (11) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honor; (12) use, display, mirror or frame the Service, or any individual element within the Service, WWF’s name, any WWF trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WWF’s express written consent; (13) access, tamper with, or use non-public areas of the Service, WWF’s computer systems, or the technical delivery systems of WWF’s providers; (14) attempt to probe, scan, or test the vulnerability of any WWF system or network or breach any security or authentication measures; (15) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WWF or any of WWF’s providers or any other third party (including another user) to protect the Service or any content thereon; (16) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or (17) advocate, encourage, or assist any third party in doing any of the foregoing.

WWF has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WWF may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.

Account Registration

In order to access certain features of the Service and book a Listing, you must register to create a Universe Account.

You may register to join the Listings directly via the Service. You can also register to join by logging into your account with certain third-party social networking sites (for example, Facebook). By connecting to Company with a third-party service, you give Universe permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WWF and Universe reserve the right to suspend or terminate your Account and your access to the Service for any reason or no reason. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Universe Account, whether or not you have authorized such activities or actions. You will immediately notify WWF, via Gayle McClelland at gmcclelland@wwfcanada.org of any unauthorized use of your Account.

No Endorsement

WWF does not endorse any users or any Listings. In addition, although this Agreement require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Service. WWF will not be responsible for any damage or harm resulting from your interactions with other Users. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from WWF with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Service regarding any bookings made by you.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

General Booking and Financial Terms

Transaction Fees

WWF collects transaction fees from Buyers (“Transaction Fees”). Transaction Fees are charged to the Buyer based upon a percentage of the amount of the Listing Fees (General Access – $115, including HST). Where applicable, taxes may also be charged in addition to the Transaction Fees. Listing Fees are remitted to WWF’s account, within 48 hours of when the occurrence of the Listing concludes. Transaction Fees are, as noted above, included in the Total Fees.

WWF reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending WWF’s reasonable investigation of such breach. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify WWF in writing within thirty (30) days of any such payment; failure to so notify WWF shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by WWF. No other measurements or statistics of any kind shall be accepted by WWF or have any effect under this Agreement.

Except as otherwise provided herein, Transaction Fees are non-refundable. No refunds or credits will be provided once the Buyer’s credit card has been charged.

Cancellations and Refunds

Tickets and transaction fees are non-refundable but are transferrable.

If WWF cancels the event, WWF opts to refund buyers through Universe. WWF will be responsible for credit card fees incurred by refund transactions. Refunds and cancellations are managed by WWF.

Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Canada.

WWF Content and User Content License

Subject to your compliance with the terms and conditions of this Agreement, WWF grants you a limited, non-exclusive, non-transferable license, to access and view any WWF content solely for your personal and non-commercial purposes solely for the purposes expressly permitted by the Service. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WWF or Universe, except for the licenses and rights expressly granted in this Agreement.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing Gayle McClelland at gmcclelland@wwfcanada.org or by calling 613-232-2512. You acknowledge and agree that all Feedback will be the sole and exclusive property of WWF and you hereby irrevocably assign to WWF and agree to irrevocably assign to WWF all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At WWF’s request and expense, you will execute documents and take such further acts as WWF may reasonably request to assist WWF to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Third Party Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that WWF is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WWF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Indemnification

You agree to release, defend, indemnify, and hold WWF and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; and (c) your (i) interaction with any User, (ii) booking of a Listing, (iii) creation of a Listing or (iv) the use, condition or rental of a Listing by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Listing.

Reporting Misconduct

If you interact or transact with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WWF by contacting us with your police station and report number to Gayle McClelland at gmcclelland@wwfcanada.org or call 613-232-2512; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. If as a User you find a Listing that looks misleading or is not in line with this Agreement, then you should flag such Listing using the flag tool.

Entire Agreement

This Agreement, the WWF Privacy Policy, as well as any policies or procedures referenced herein, constitute the entire and exclusive understanding and agreement between WWF and you regarding the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between WWF and you with respect to the Service.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by WWF (i) via email (in each case to the address that you provide) or (ii) by conspicuous posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of WWF to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WWF. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

Contacting WWF

If you have any questions about this Agreement or the Service, please contact Gayle McClelland at gmcclelland@wwfcanada.org or call 613-232-2512.