CN Tower Viewfinder Terms and Conditions of Use

Please read the following information carefully before using this software application. You may not use the software application without accepting these Terms and Conditions of Use. 

Welcome to the CN Tower Viewfinder Application (“Application”). These Terms and Conditions of Use govern your rights and responsibilities and our rights and responsibilities relating to the use of the Application. 

Acceptance of Terms and Conditions of Use

BY CLICKING ON "Continue" ON THE Welcome PAGE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE. 

If you do not agree to the Terms and Conditions of Use, you may not use the Application. In consideration of being able to use the Application, your electronic acceptance of the Terms and Conditions of Use (by clicking on "Continue" on the Welcome page) (“Agreement”) has the same effect as if you had actually signed a written agreement. The effective date of this Agreement is the date that you click on "Continue". 

Fee for Application Use

The Application is provided "free of charge" as a value added service to the employees, visitors, and business partners of Canada Lands Company CLC Limited. Usage may be subject to participation in a short online survey. 

Your Responsibilities

You must (1) provide all equipment (including computer hardware and software, smartphones, tablets, personal digital assistants, wireless network cards, etc.) to use the Application, and (2) comply with local, provincial, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Application and (2) all communications that you send or receive via the Application. Canada Lands Company CLC Limited does not undertake the security of any data you send through the Application and it is your responsibility to secure such data. 

Acceptable Use Policy

All users of the Application must comply with this Acceptable Use Policy (“AUP”). This AUP is intended to prevent unacceptable uses of the Application. Canada Lands Company CLC Limited does not actively monitor the use of the Application. Similarly Canada Lands Company CLC Limited does not exercise editorial control over or review the content of any related Web site, electronic mail transmission, newsgroup or other material created or accessible through the Application. However, Canada Lands Company CLC Limited may remove, block, filter or restrict by any other means any materials that, in its sole discretion, may be illegal, may subject Canada Lands Company CLC Limited to liability or may violate this AUP. Canada Lands Company CLC Limited may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your use of the Application. 

The following constitute examples of violations of this AUP. You agree to not use the Application to: 

1.Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; 

2.Harm, or attempt to harm, minors in any way; 

3.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Application; 

4.Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements); 

5.Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

6.Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; 

7.Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

8.Interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; 

9.Intentionally or unintentionally violate any applicable local, provincial, national or international law, or any regulations having the force of law; 

10."Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; 

11.Resell the Application without Canada Lands Company CLC Limited's authorization; or 

12.Use the Application for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server. 

You understand and agree that Canada Lands Company CLC Limited may disclose your communications and activities using the Application in response to lawful requests by governmental authorities and judicial orders. You further understand that Canada Lands Company CLC Limited is subject to the Access to Information Act (R.S., 1985, c. A-1) and the Privacy Act (R.S., 1985, c. P-21) and that information provided to Canada Lands Company CLC Limited in connection with this Agreement may be subject to the provisions of these acts.

Canada Lands Company CLC Limited requests that anyone who believes that there has been a violation of this AUP direct the information to helpdesk@cntower.ca and include "Viewfinder Application" in the subject line. If available, please provide the following information: 

1.the IP address used to commit the alleged violation; 

2.the date and time of the alleged violation, including the time zone; 

3.evidence of the alleged violation; and 

4.your contact details including full name, email address and telephone number. 

When reporting an issue regarding unsolicited email, please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. 

Termination

You agree that Canada Lands Company CLC Limited may terminate this Agreement and cancel your access to the Application at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or your use of the Application to perform any illegal activity. You further agree that in the event of termination for any reason, Canada Lands Company CLC Limited will have no liability to you. 

Notice of Problems or Complaints

If you experience a problem using the Application, report the problem by emailing helpdesk@cntower.ca and include "Viewfinder Application" in the subject line.

Modifications

Canada Lands Company CLC Limited may, at its sole discretion, modify the terms and conditions of this Agreement, including the AUP, at any time. Such modifications shall be binding and effective upon posting on the Application Terms and Conditions page. You agree to periodically review the Application Terms and Conditions page to maintain awareness of any modifications. By continuing to use the Application after such postings, you accept and agree to any and all such modifications. 

Indemnification

You hereby agree to defend, indemnify and hold Canada Lands Company CLC Limited and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Application or any breach of this Agreement. 

No Warranty

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. CANADA LANDS COMPANY CLC LIMITED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANADA LANDS COMPANY CLC LIMITED MAKES NO EXPRESS WARRANTIES AND CUSTOMER HEREBY WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CANADA LANDS COMPANY CLC LIMITED, THE APPLICATION OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN SOFTWARE, WIRELESS COMMUNICATIONS AND TECHNOLOGY AND CANADA LANDS COMPANY CLC LIMITED DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY CANADA LANDS COMPANY CLC LIMITED OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. 

Limitation of Liability

CANADA LANDS COMPANY CLC LIMITED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND LICENSORS SHALL NOT BE LIABLE FOR, AND YOU HEREBY AGREE TO RELEASE CANADA LANDS COMPANY CLC LIMITED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS AND LICENSORS FROM, ANY AND ALL COSTS, CLAIMS, EXPENSES, LOSSES AND DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.