ABOUT THE SERVICE
The My ISWO Portal allows you to:
- * Search for events, either by region, interest or age.
- * Register for events and receive updates regarding the event.
- * Participate in group and forum discussions with other users (restricted to Indigenous youth between the ages of 12-24).
- * Track achievements and volunteer hours.
- * Track progress in the Standing Bear Youth Leadership Program, for certification purposes.
- * Download course materials and other resources.
- * Contact ISWO staff for details regarding events and programs.
- * Find ISWO stakeholder opportunities geared towards Indigenous youth (internships, employment opportunities, free workshops and courses, certification programs, and scholarship and other post-secondary education programs).
REGISTRATION, RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 14 years old and a resident of Ontario, Canada to register for and use the Service. Youth aged 14 and under will require parental or guardian consent (an email will be sent to your parent or guardian for confirmation) to use the Service.
Users of the Website (“Users”) will be required to create a personalized account which includes a unique username and password to access the Service and to receive messages from the Organization. You agree to notify us immediately of any unauthorized use of your password and/or account. The Organization will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the My ISWO Portal is conditioned upon the following restrictions.
You agree that you will not under any circumstances:
- * Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service’
- * Collect or harvest any personal data of any user of the Website or the Service;
- * Use the Website or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- * Distribute any part or parts of the Website or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- * Use the Service for any unlawful purpose or for the promotion of illegal activities;
- * Attempt to, or harass, abuse or harm another person or group;
- * Use another User’s account without permission;
- * Intentionally allow another user to access your account;
- * Provide false or inaccurate information when registering an account;
- * Interfere or attempt to interfere with the proper functioning of the Service;
- * Make any automated use of the Website, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- * Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- * Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of any content on the Website including the Service’s Content, or enforce limitations on use of the Service or the content accessible via the Service; or
- * Publish or link to malicious content of any sort, including that intended to damage or disrupt other Users’ browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide information regarding your achievements in relation to ISWO’s sport, recreation and leadership programs, in addition to uploading of assignments, artwork, and other materials related to the completion of requirements for obtaining certifications and recognition of said achievements (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Organization, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
- * You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- * You will not post information that is malicious, libelous, false or inaccurate;
- * You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- * You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- * You hereby agree that we have the sole and unfettered right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- * You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users with no notice to you.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by ISWO or the Website, are those of their respective authors, and should not necessarily be relied upon. Such authors, including Users, are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Website or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties, including Users. We take no responsibility and assume no liability for any User Content that you or any User or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent:
- 1. The date of your notification;
- 2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- 5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- 1. Your physical or electronic signature;
- 2. A description of the content that has been removed and the location at which the content appeared before it was removed;
- 3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- 4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [insert state of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Organization a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
All information, data, text, graphics, images, software, code, metadata, links, audio and video files, any online functionality to assist users of the Service and all other materials forming part of the Service’s Content are the property of ISWO or the respective suppliers of such Service’s Content. The Service’s Content is protected by copyright laws and other laws. Certain names, graphics, logos, icons, designs, words, titles, or phrases displayed in this Website may also constitute trade names, trademarks, or service marks registered in Canada, or elsewhere. The display of trademarks on the Website does not imply any licence has been granted to you for their use. Any unauthorized downloading, re-transmission, or other copying, or modification of trademarks and/or any of the Content herein may be a violation of federal or common law, and/or trademark and/or copyright laws and could subject the person to legal action.
The Website provides the capability to access, view, download and print Service’s Content and to use your email account. ISWO grants you a non-exclusive, non-transferable, royalty-free licence to access and print a single copy of the Service’s Content (other than software) for your own personal, non-commercial use in associated use of and access to the Service in accordance with this Agreement. You may not assign or transfer this license. You must maintain all copyright and other proprietary notices included in such Service Content. Except as is expressly permitted in this Agreement or as may be authorized in writing by a Service Content supplier, you shall not (and shall not permit any other person) to, in any way or by any means:
- * use Service Content in any manner that is competitive with the business activities of supplier of such Service Content as a licensor and/or reseller of its such Service Content;
- * sell, lease, rent, market, license, sub-license, export or transfer such Service Content;
- * reproduce, redistribute, retransmit, publish, transfer, upload, post, frame or commercially exploit such Service Content;
- * remove, alter or obscure any proprietary notices or disclaimers displayed with the Service Content; modify or prepare derivative works of the Service Content (or any portions thereof) except as is expressly permitted herein
- * reverse-engineer, decompile or disassemble the Service Content (or any portions thereof); or use the Service Content in violation of any applicable laws or regulations.
You agree to abide by all copyright notices, and license or use restrictions contained on the Website and in any Service Content on or material accessed through the Website. Modification of the Service Content or use of the Service Content for any purpose (including use of any such Service Content on any other website or networked computer environment) other than expressly permitted herein is a violation of copyright and other proprietary rights. You will not use the Website or the Service Content to collect, transmit, store, or exchange any material in violation of any applicable law or regulation, including material protected by copyright, trademark, trade secret, or other intellectual property rights, without proper authorization. You will use the Website and the Service Content ethically.
You acknowledge that we respect the intellectual property rights of others and requires that the Users do the same and ISWO may, in appropriate circumstances, immediately terminate the right of any Users to have access to or the right to use the Service who are deemed in ISWO’s sole determination to be repeat infringers. For greater clarity, you acknowledge and agree that ISWO may terminate all access for Users, including you, to the Website and the Service, who are found to have repeatedly provided or posted protected third party content without necessary rights and permissions.
From time to time, ISWO in its sole discretion may make certain software expressly available to you for downloading through the Website (the “Downloadable Software”). All Downloadable Software will be clearly identified as such by ISWO. ISWO may require you to agree to certain additional terms and conditions specific to the use of the Downloadable Software before downloading it. If you are not required to agree to any further terms and conditions of a license agreement specific to that Downloadable Software before being permitted to download it, then your use of that Downloadable Software is subject to the terms and conditions of this Agreement as if it were Service Content other than software, and you may use that Downloadable Software solely in connection with the Website. You may not redistribute, sell, decompile, reverse-engineer or disassemble Downloadable Software expressly made available for download by ISWO on the Website or otherwise expressly made available in relation to the Website. Except as expressly set out in this Agreement, you are not granted any rights in the Service Content. ISWO and the respective Service Content suppliers retain full and complete copyright in and title to the Service Content and all other intellectual property rights therein.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to ISWO, the Website, the Service, or any of ISWO’s officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Website or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email or mail to the following postal address:
Indigenous Sport & Wellness Ontario
1090 Aerowood Drive, Unit1A
Mississauga, Ontario L4W 1Y5
You acknowledge and agree that your opting out as provided herein may prevent you from receiving messages regarding the Website, the Service or special offers.
Unless otherwise expressly stated, the Website and all Service Content is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, statutory or otherwise. ISWO shall not be responsible for any detrimental reliance you may place on the Website or the Service Content. To the fullest extent permitted by applicable law, ISWO disclaims all warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and reasonably acceptable quality, title, non-infringement with respect to the Website and or any Service Content obtained or accessible there from, any website with which the Website is linked and any products or services made available to you in connection with the Website. The entire risk as to the accuracy and use of any of the Service Content available on or through the Website and the results and performance of the Service Content, are assumed by you. ISWO does not represent or warrant that the Website or any of the Service Content is accurate, complete, reliable, current or secure. Without limiting the foregoing, ISWO does not warrant that: the functions, information or links contained on the Website or the Service Content will meet your requirements or expectations; that the Website or the Service Content, are fit for any particular purpose; or that the operations of the Website or the Service Content will be uninterrupted or error-free or accurate; that defects will be corrected, or that the Website (including the software, server(s) or other components that make up the Website), and the Service Content available are free of viruses, worms or other harmful components. You acknowledge and agree to assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Website and the Service Content.
You acknowledge and agree that: 1) the Internet is not a secure medium and that accordingly, the privacy of your communications (including, but not limited to communications by secure e-mail), the privacy of your visits to the Website, and the privacy of your use of User Content cannot be guaranteed and 2) the nature of Internet communications means that your communications (including, but not limited to communications by secure e-mail service) may be susceptible to data corruption, unauthorized access, interception and delays; the Website and the Service Content may include incomplete information, inaccuracies or typographical errors; and that ISWO and any other party involved in the management of the Website may make changes to the Website and the Service Content at any time without notice.
ADVERTISEMENTS AND PROMOTIONS
To the extent that you choose to deal with advertisers or participate in promotions that appear on the Website, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the advertiser. You acknowledge and agree that ISWO has and continues to disclaim any responsibility or liability in respect of such dealings.
LIMITATION OF DAMAGES; IDEMNIFICATION AND RELEASE
To the extent permitted by applicable law, in no event shall ISWO, the Website, the Service, its affiliates, directors, or employees, or its licensors or partners, (either jointly or severally) be liable to you for any claim of damages for loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages or costs, however arising, from: (a) the use, disclosure, or display of your User Content; (b) your use or inability to use the Service generally or the software or systems that make the Service available; or (c) any interactions with any other of the Users of the Website or the Service, whether such claim is based on breach of warranty or contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage. Without limiting the generality of the foregoing you further agree that under no circumstances – including, but not limited to, shall ISWO’s total liability to you for all damages, losses, interests and costs for any claim or causes of action (whether in contract, tort, or otherwise) arising from your use of the Website in any form or manner exceed the amount paid by you, if any, to access or use the Website.
If you have a dispute with one or more of the Users, using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, whether direct or indirect or whether known and unknown, arising out of or in any way connected with such disputes.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold ISWO harmless from and against any and all claims, liability, and expenses, including all legal fees and costs, arising from: (i) any material breach of this Agreement by you, (ii) your use or misuse of the Website, the Service’s Content, or any product or service available through the Website; and (iii) User Content submitted by you and its inclusion on the Website.