Terms of Use

This version is dated May 1, 2019.

1. Introduction

Nanaamwin.ca (“Service”) is an online platform for visitors (“Visitors”) and other members of the general public who are registered to use the Service (“Users”). As a platform, the Service enables Users to learn the Anishinaabemowin language by accessing words and their related phrases, themed resource material and games as well as online classes supported by teaching material. As a platform, the Service enables Visitors to have restricted access to some but not all of the content that is available to registered Users. Visitors are not required to provide any personal information in order to have said limited experience of the platform. The Visitor experience will include messaging that is designed to encourage them to register as a User in order to access all available content on the platform.

The Service is operated by Synergiq Solutions Inc. (“Synergiq”) with content provided and managed by Wikwemikong Heritage Organization (“WHO”).

This Terms of Use Agreement ("Agreement"), as may be amended by WHO or Synergiq from time to time pursuant to section 9 below, is between WHO, Synergiq and you, as an individual in your own capacity as a Visitor or User (“You”).

By Using the Service, You agree to be bound by this Agreement. If You do not consent to and fully agree with this Agreement, You should not commence and must otherwise immediately cease to Use the Service.

2. Use of the Service

Subject to the terms and conditions of this Agreement, Synergiq grants You a limited, personal, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and Use the Service as a Visitor or User solely for its intended use as an online platform for members of the general public (“Purpose”).

All other use of the Service, including but not limited to, the sublicensing, assignment, resale, or transfer of the Service and the modification, publication, transmission, participation in the transfer of sale of, reproduction, distribution, performance, display, incorporation into another online platform, mirroring the Service, or in any other way exploiting the Service and any Content, as defined in section 4 below, in whole or in part other than for the Purpose, is prohibited.

3. Registration

Your registration to Use the Service as a User is subject to approval by the Service administrators. In all instances, Users must be at least thirteen (13) years of age. If a User is not of the age of majority in the province or country of residence, your acceptance of these Terms of Use will serve to confirm that you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request).

You will have to create a User Account to access member-restricted Community-related features (“Community Features”) or content that are being offered by the Service. Logging in for the first time via a social media account, e.g. Facebook or LinkedIn, constitutes the creation of a User Account that is then associated with that social media account. When You create Your account, You must provide accurate and complete information and undertake to keep the information current. You are solely responsible for the activity that occurs on Your account. You should keep your password secure and notify Synergiq immediately of any breach of security or unauthorized use of Your account. Synergiq will not be liable for any losses or damages to You or any third party caused by any unauthorized use of Your account.

Community Features of the Service may include User Profiles, Discussion Forums, Events Listings, Conferencing (Online meetings/presentation with audio/video) for Your access and use solely in relation to the Purpose. Discussion Forums include both General Forums, open to all Users, and Special Interest Groups, open to group members only. You acknowledge that Special Interest Groups are created, administered, and operated by Users and that the group leader User(s), and not the Service administrators, are responsible for the administration or operation of any such Special Interest Group.

Subject to any specific direction given by WHO, Synergiq reserves the right to limit and restrict registration and use of the Service from locations outside of Canada, including through the use of technical means to do so.

4. Content & Licensing of Content

"Content" is all information, data, text, comments, content ratings, graphics, messages, visual, written or audible communications, or other materials, including, where applicable, materials from third party sites that may be displayed and/or accessible on the Nanaamwin platform. All Content is protected under the copyright details indicated on the Content, if applicable, and as indicated in this Agreement.

"Content" includes (a) User-generated and uploaded Content, (b) Links to sites and information created and maintained by third-parties, and (c) Content that is posted by WHO or Synergiq.

By agreeing to these Terms and Conditions, you acknowledge and agree to abide by all copyright licenses in effect.

You also understand that all Content that is not posted by WHO or Synergiq, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated and represent the views of that person and not of WHO or Synergiq. This means that You, and not WHO or Synergiq, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service.

Unless otherwise indicated on the applicable material, the Content is licensed to You for Personal Use only by Wikwemikong Heritage Organization - the copyright owner. All Content is protected under the copyright details indicated on the Content, if applicable, and as indicated in this Agreement.

When available, You may download and print extracts from the Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Content for any other purpose without our prior written approval.

Any Content that is purchased directly from WHO - e.g. as per instructions given on the Service - will be subject to the copyright protection details as disclosed on the material itself or through any correspondence related to the transaction.

The Service may include links to sites and information created and maintained by third parties (“Third Party Sites”) for the convenience of Users, and Visitors where applicable, and as recommended resources for Users, and Visitors where applicable, in the context of using the Service. Notwithstanding this, WHO or Synergiq do not endorse or recommend any specific sites for any particular purposes and is not responsible for the contents or operation of Third Party Sites. Synergiq recommends that You carefully read the terms and conditions, copyright and privacy policy of any Third Party Sites that You visit.

You acknowledge that WHO and/or Synergiq may or may not pre-screen Content, but that Synergiq and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service. You and other Users may report any Content such as comments and other posts as inappropriate to the Service administrators. Without limiting the foregoing, Synergiq and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

You agree that You must evaluate, and bear all risks associated with the Use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You should not rely on any Content created by or submitted to the Service by WHO and/or Synergiq or any third party, including without limitation information in comments, and in all other parts of the Service.

WHO and Synergiq do not fully control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, including Community Features such as Conferencing, there is a risk that You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WHO or Synergiq be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the Use of any Content posted, emailed, transmitted or otherwise made available via the Service.

5. Your Content

When You submit Content to us, You agree and represent that You have created that content, or You have received permission from, or are authorized by, the owner of any part of the content to submit or make available for inclusion on the Service.

By making Your Content available on the Service, You represent and warrant that:

A. Unless otherwise specified at the time You submit the Content, You are granting WHO and Synergiq an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit Your Content in any format and on any platform, either now known or hereinafter invented.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHO AND SYNERGIQ EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. WHO AND SYNERGIQ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS SERVICE, ITS CONTENT AND CONFERENCING, AND THE SERVERS ON WHICH THE SERVICE AND CONTENT AND CONFERENCING ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHO, SYNERGIQ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY WHO AND/OR SYNERGIQ AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHO AND SYNERGIQ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHO AND/OR SYNERGIQ HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

8. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

9. Modifications to Service and Agreement

WHO and/or Synergiq reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WHO and/or Synergiq shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

WHO and/or Synergiq may change, add or remove any part of this Agreement, or any other terms associated with the use of the Service, at any time, by posting a notice of such changes to the Terms of Service page of the Service. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Service after the notice is posted, You are indicating Your acceptance of those changes.

10. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned or transferred by WHO and/or Synergiq without restriction.

11. Severability

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

12. Refusal or Discontinuance of Service

WHO and/or Synergiq reserves the right, in its sole and unfettered discretion, to refuse or discontinue service to You or any User or Visitor for non-compliance with this Agreement.

13. Headings for Convenience Only

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

14. Choice of Law and Forum

This Agreement will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from the terms of this Agreement or breach of this Agreement will be governed by the laws of the Province of Ontario, Canada and You agree to personal jurisdiction by the provincial and federal courts sitting Toronto, Ontario, Canada. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Agreement.

It is WHO’s and Synergiq’s policy to respond to applicable notices of alleged infringement that comply with the notice and take down provisions and processes of the applicable copyright legislation.

16. Disclosure of Content and Personal Information

You acknowledge, consent and agree that WHO and/or Synergiq may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WHO and Synergiq, the Users and Visitors of the Service and the public.

17. Privacy Notice

Certain information about You is subject to the Privacy Notice. For more information, see the Service privacy notice at Nanaamwin Privacy Notice.

18. Addresses for WHO and Synergiq