Terms of Service
An Introduction to AlbertaOutdoors.com’s Terms of Service (Updated April 14, 2021)
Welcome to AlbertaOutdoors.com! Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to share and grow the great Alberta Outdoors. The AlbertaOutdoors.com platform offers a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the outdoors.
- You own the content that you post; you also grant us and other users of the AlbertaOutdoors.com platform certain rights and license to use it. The details of these licenses below.
- You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
- You can repost content from AlbertaOutdoors.com elsewhere, provided that you attribute the content back to the AlbertaOutdoors.com platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
- We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the AlbertaOutdoors.com platform. Posts on the site should not be treated as a substitute for professional advice for your specific situation.
- You agree to alternative dispute resolution. You agree to attempt initially to resolve matters cooperatively with us and, if that fails, to use individual arbitration, except in limited situations.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or AlbertaOutdoors.com’s policies, please report the post and contact us right away.
We are pleased that you want to join the AlbertaOutdoors.com platform and encourage you to read the full Terms of Service.
AlbertaOutdoors.com Terms of Service
Last Updated: April 14, 2021
Welcome to AlbertaOutdoors.com! AlbertaOutdoors.com is a platform to gain and share knowledge, empowering people to learn from others and better understand the Alberta Outdoors.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Damingo.com Technology Inc. (“AlbertaOutdoors.com” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “AlbertaOutdoors.com Platform”).
Please make sure to read it, because, by using the AlbertaOutdoors.com Platform, you consent to these Terms of Service.
IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN CANADA OR THE UNITED STATES, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALBERTAOUTDOORS.COM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW IN SECTION 10.
- The Mission of the AlbertaOutdoors.com Platform
AlbertaOutdoors.com’s mission is to share and grow your knowledge of the Alberta Outdoors. The AlbertaOutdoors.com Platform is a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the Outdoors.
- Using the AlbertaOutdoors.com Platform
- Who Can Use It. Use of the AlbertaOutdoors.com Platform by anyone under 18 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
- Acceptable Use Policy. In your interaction with others on the AlbertaOutdoors.com Platform, you agree to follow our Terms of Service all times.
- Termination. You may close your account at any time by going to account settings and deleting your account. After you delete your account, it will no longer be visible or accessible on our platform. We reserve the right to retain account information, posts and related data for security or law enforcement reasons from your deleted account. We may terminate or suspend your AlbertaOutdoors.com account if you violate any AlbertaOutdoors.com policy or for any other reason.
- Changes to the AlbertaOutdoors.com Platform. We are always trying to improve your experience on the AlbertaOutdoors.com Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome your feedback and suggestions about how to improve the AlbertaOutdoors.com Platform. Feel free to submit feedback by Contacting Us. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. The AlbertaOutdoors.com Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the AlbertaOutdoors.com Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the AlbertaOutdoors.com Platform, Your Content may be viewed by the general public.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the AlbertaOutdoors.com Platform, you grant AlbertaOutdoors.com and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the AlbertaOutdoors.com Platform or the promotion, advertising or marketing of the AlbertaOutdoors.com Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for AlbertaOutdoors.com to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with AlbertaOutdoors.com for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the AlbertaOutdoors.com Platform or through other media or distribution methods. This license also includes the right for other users of the AlbertaOutdoors.com Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt out of translation in your profile settings or you can designate certain answers not for translation.
- Once you post an answer to a question, you may edit or delete your answer at any time from public display on AlbertaOutdoors.com, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of AlbertaOutdoors.com. AlbertaOutdoors.com may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by AlbertaOutdoors.com at any time. Any edits and changes made by you may be visible to other users. The right for AlbertaOutdoors.com to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that AlbertaOutdoors.com may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of AlbertaOutdoors.com, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the AlbertaOutdoors.com Platform or in violation of our Terms of Service.
- Your Responsibilities for Your Content. By posting Your Content on the AlbertaOutdoors.com Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate AlbertaOutdoors.com’s Terms of Service or other published AlbertaOutdoors.com policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the AlbertaOutdoors.com Platform (specifically including, but not limited to our software, the AlbertaOutdoors.com marks, the AlbertaOutdoors.com logo, but excluding Your Content) is the property of AlbertaOutdoors.com, Inc., or its subsidiaries and affiliates, or content posted by other AlbertaOutdoors.com users licensed to us (collectively “Our Content and Materials”).
- Data. All data AlbertaOutdoors.com collects (“Data”) about use of the AlbertaOutdoors.com Platform by you or others is the property of AlbertaOutdoors.com, Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You.
- We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the AlbertaOutdoors.com Platform in connection with your use of the AlbertaOutdoors.com Platform, subject to the terms and conditions of this Agreement.
- AlbertaOutdoors.com gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the AlbertaOutdoors.com Platform after April 14, 2021; (b) the user who created the content has not explicitly marked the content as not for reproduction on the AlbertaOutdoors.com Platform; (c) you do not modify the content; (d) you attribute AlbertaOutdoors.com by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content AlbertaOutdoors.com on every page that contains Our Content and Materials; (e) upon request, either by AlbertaOutdoors.com or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by AlbertaOutdoors.com or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the AlbertaOutdoors.com Platform; and (g) upon request, either by AlbertaOutdoors.com or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the AlbertaOutdoors.com Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by AlbertaOutdoors.com, or any AlbertaOutdoors.com user, without separate, express prior written permission from us.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the AlbertaOutdoors.com Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the AlbertaOutdoors.com Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the AlbertaOutdoors.com Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the AlbertaOutdoors.com Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of AlbertaOutdoors.com.
- No Endorsement or Verification. Please note that the AlbertaOutdoors.com Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the AlbertaOutdoors.com Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the AlbertaOutdoors.com Platform by anyone.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of AlbertaOutdoors.com’s users or AlbertaOutdoors.com. The content, information and services made available on the AlbertaOutdoors.com Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- More About Certain Offerings on the AlbertaOutdoors.com Platform
- Advertisements. The AlbertaOutdoors.com Platform may include advertisements, which may be targeted to content or information on the AlbertaOutdoors.com Platform, queries made through the AlbertaOutdoors.com Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by AlbertaOutdoors.com are subject to change. In consideration for AlbertaOutdoors.com granting you access to and use of the AlbertaOutdoors.com Platform, you agree that AlbertaOutdoors.com and its third-party providers and partners may place such advertising on the AlbertaOutdoors.com Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the AlbertaOutdoors.com Platform.
- Spaces. Spaces is a feature that allows a user to curate content and form communities around shared interests and tastes.
- Subscriptions. Certain content in Spaces or from other areas of the AlbertaOutdoors.com Platform may be available only by subscription, subject to supplemental terms and conditions.
- Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. AlbertaOutdoors.com has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
- Buttons, Links and Widgets. You have permission to use AlbertaOutdoors.com’s buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the AlbertaOutdoors.com Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that AlbertaOutdoors.com endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate AlbertaOutdoors.com’s Terms of Service.
- Web resources and third-party services. The AlbertaOutdoors.com Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
- DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ALBERTAOUTDOORS.COM ENTITIES TO YOU.
“ALBERTAOUTDOORS.COM ENTITIES” MEANS DAMINGO.COM TECHNOLOGY INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- WE ARE PROVIDING YOU THE ALBERTAOUTDOORS.COM PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ALBERTAOUTDOORS.COM ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- ALBERTAOUTDOORS.COM MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE ALBERTAOUTDOORS.COM PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE ALBERTAOUTDOORS.COM PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. ALBERTAOUTDOORS.COM MAKES NO WARRANTY THAT: (a) THE ALBERTAOUTDOORS.COM PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE ALBERTAOUTDOORS.COM PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE ALBERTAOUTDOORS.COM PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE ALBERTAOUTDOORS.COM PLATFORM WILL BE SATISFACTORY.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALBERTAOUTDOORS.COM ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALBERTAOUTDOORS.COM ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ALBERTAOUTDOORS.COM PLATFORM.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ALBERTAOUTDOORS.COM PLATFORM IS TO STOP USING THE ALBERTAOUTDOORS.COM PLATFORM.
- WITHOUT LIMITING THE FOREGOING, ALBERTAOUTDOORS.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ALBERTAOUTDOORS.COM PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO ALBERTAOUTDOORS.COM IN CONNECTION WITH THE ALBERTAOUTDOORS.COM PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend AlbertaOutdoors.com Entities from all third-party claims and costs (including reasonable lawyer fees) arising out of or related to: i) your use of the AlbertaOutdoors.com Platform, ii) Your Content, iii) your conduct or interactions with other users of the AlbertaOutdoors.com Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- General Terms
- Applications and Mobile Devices. If you access the AlbertaOutdoors.com Platform through a AlbertaOutdoors.com application, you acknowledge that this Agreement is between you and AlbertaOutdoors.com only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the AlbertaOutdoors.com Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the AlbertaOutdoors.com Platform and constitutes the entire agreement between you and us regarding the AlbertaOutdoors.com Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Site Purchases
- You have the option to purchase points to enhance your status and verify your identity on the platform. All sales are final and no refunds will be granted for any purchases made on the site.