citysoup.ca

WELCOME

Welcome to citysoup.ca. The Cities of Coquitlam and Port Moody (the "Cities") provides the citysoup.ca web site and web pages (collectively the “Site”) and all information written for hosted websites, supplied from non-hosted websites, Content Management Server (CMS) content, Geographical Information Systems (GIS) data, photos, graphics, video, or audio presented (collectively the “Content) as a community service.

The Cities also provides all citysoup.ca users with a variety of information, products, services, tools and resources including, but not limited to community discussion forums, groups, newsletters, advertising opportunities, community news and information services, a community calendar, community registration services, a community directory, email, polling, surveys, and information found through links to other websites (the "Services").

Your access and use of the Site and the Services is subject to the following terms of use.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE ACCESSING AND USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE (THE "TERMS") AND THAT YOU ACCEPT AND WILL BE BOUND BY THE TERMS.

1. Content Contributor

You are welcome to browse about the Site and use the information and resources found on citysoup.ca, subject to these Terms. However, at citysoup.ca, the Content Contributor category has its own set of extended privileges and responsibilities.

2. Description of Services

You understand and agree that the Cities provides a venue for the Services solely as a community service. As result, the Site, the Services and the Content are provided on an "AS-IS" basis and the Cities assumes no responsibility for the timeliness, unavailability, deletion or miss-delivery of the Services or the failure to store any user communications or personalization settings.

3. Changes to Terms of Use

From time to time, it may become necessary for the Cities to change these Terms. Accordingly, you agree that the Cities hereby may change these terms at any time and from time to time without further notice to you. In the event of such a change, all changes to the Terms shall take effect upon the notice of change being posted on this Site. You are responsible for regularly reviewing the Terms, and your use of the Site following the posting of any such change to the Terms constitutes your acceptance of such changes.

You agree that the Cities shall not be liable to you or any third party for any changes to, or suspension or discontinuation of the Service.

Unless otherwise expressly provided, any new features that augment or enhance the current Site or Services shall also be subject to the Terms.

4. Use of Site

The Cities grants you a non-exclusive, non-transferable, limited license to view or print a single copy of the individual screens you see when you use the Site and the Services without alterations and solely for your personal, non-commercial use (the “License”). You agree not to distribute or transfer copies to others in exchange for money or other consideration. You may not and you agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Site or the Services. You agree not to sub-license, assign, or convey the License or any rights granted out of the License.

Except for allowing you to use the Site and the Services for your personal use in the manner described above, you agree that you are not receiving a transfer, license or any other rights from the Cities or its third party providers including, without limitation, any intellectual property or other proprietary rights of the Cities or any of its third party providers.

YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS TO THE SITE, THE SERVICES OR THE CONTENT OR ANY OTHER PROPERTY OF THE CITIES AND ITS THIRD PARTY PROVIDERS EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.

5. Intellectual Property Ownership

The Site, the Services and all Content thereon is and shall continue to be owned exclusively by the Cities or its third party content providers and is protected under applicable Canadian and international copyrights, patents, trade-marks, trade dress and other proprietary rights.

The Cities, citysoup.ca and other trade marks, trade names, logos, service marks and other names identifying the Cities, the Site, the Services or the Content and third parties are the trade-marks of the Cities and its third party providers (content contributors or otherwise) (the "Marks"). Without the prior written permission of the Cities or its third party providers (content contributors or otherwise) (as applicable) you agree not to display or use the Marks in any manner.

6. Conduct of Users

The Cities will ensure that all users can enjoy their access to and use of the Site and the Services. Accordingly, you agree to abide by the following rules when accessing and using the Site and the Services:

a. You will comply with these Terms and all laws, statutes and regulations applicable to your access and use of the Site and the Services;

b. You will not harass, threaten or abuse other persons in any manner when using the Site and the Services;

c. You will not interfere with others' use of the Site and Services including, without limitation, interrupting other users' sessions, scrolling down (automatically or manually), or otherwise using any device, software or technique in a way that negatively affects other users' enjoyment of the Site and the Services;

d. You will not take any action (including placing a unreasonable or disproportionately large load on the Site or the Services) that adversely affects the performance or availability of the Site or the Services;

e. You will not post or transmit to the Site or through the Services any content that: (i) is unlawful or promotes the violation of any law, statute or regulation; (ii) is libelous, defamatory or violates or infringes the rights (including, without limitation, privacy, proprietary and intellectual property rights) of any person; (iii) is or is likely to be perceived as hateful or offensive on racial, ethnic, sexual or other grounds; (iv) abuses, harasses, stalks or threatens any person; (v) is fraudulent, deceptive, misleading, counterfeit or stolen; (vi) is profane, vulgar, obscene, pornographic or otherwise offensive; (vii) is harmful or unsuitable for minors (persons under the age of 18 years) in any manner or encourages or constitutes an interaction with a minor of sexual nature; or (viii) contains any virus, bug, Trojan horse, time bombs, worms, cancel boot, harmful component or corrupted data or other computer program routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data;

f. Except as contemplated by the License, you will not harvest or otherwise collect information from the Site, the Services or other users including without limitation e-mail addresses, without other users’ prior consent;

g. You will not collect or store personal information about another individual or otherwise stalk or harass another user;

h. You will not impersonate any other person or misrepresent a relationship with a person or entity, including misrepresenting a relationship with the Cities;

i. You will not create, adopt or use a false identity for the purpose of misleading, deceiving or defrauding others;

j. You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers or otherwise modifying any other possible identifier);

k. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including, without limitation, junk mail, "spam", chain letters or pyramid schemes of any sort) to any person or entity through the use of the Services except in areas of the Services that specifically authorize you to do so (such as auction forums);

l. You will not publish, perform, distribute, prepare derivative works, copy, reverse engineer or use any information or content contained on the Site or accessed through the Services except in the manner expressly permitted by these Terms;

m. You will not attempt to gain unauthorized access to the Site, accounts of other users, computer systems or networks connected to the Site through any means whatsoever including, without limitation, using any device, technology or technique to obtain access.

If you violate any of the guidelines set out above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to access and use of the Site and the Services without further notice to you.

7. Right to Regulate

You acknowledge that the Cities does not pre-screen Content on the Site and that the Cities have the right, but not the obligation, to monitor the Site and the Services. You further acknowledge that the Cities have the right to disclose any Content or other information necessary to operate the Site and the Services, to protect the Cities and others and to comply with legal obligations.

The Cities reserves the right to refuse to post or to remove any information in whole or in part on the Site.

You agree that you must evaluate and bear all risks associated with the use of Content from the Site and the Services including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content.

You acknowledge that the technical processing and transmission of the Site and the Services including any Content you may provide may involve: (i) transmission over various networks of computers which may be controlled by third parties; (ii) changes to your Content to conform to and adapt to technical requirements of connecting networks or devices. Accordingly, you agree that in no event will the Cities be responsible for lapses in online security and that the Cities do not assume liability for improper use of your Content or any content.

8. Access to Site

You are responsible for obtaining access to the Site and the Services. You acknowledge that such access may involve establishing an account with an internet service provider and that you will be responsible for any third party fees associated with such access (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment (including computer, modem and other communication devices) and software necessary to access the Site and use the Services.

9. Use by minors

Parents or legal guardians are solely responsible for supervision of anyone under the age of 18 years that attempts to access and use the Site or the Services. The Cities are not responsible for the Content contained on the Site or obtained through the Services. You agree that the Cities and its third party providers (content contributors or otherwise) have no obligation to monitor or regulate the Site, the Services or the Content. However, the Cities reserves the right to take such action it deems appropriate if it becomes aware of inappropriate use of the Site.

10. Disclaimer of Products or Services

You understand that, except for information, products or services clearly identified as being supplied by the Cities, the Cities do not operate, control or endorse any information, products or services on the Site or obtained through the Services. Except for the City - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties. You also understand that the Cities cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You agree that you are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost or corrupt data.

11. International Use

You acknowledge the global nature of the Internet and hereby agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

12. Indemnity

You agree to indemnify and hold the Cities, and its members, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of: Content you submit, post, transmit or make available through the Services; your use of the Services; your connection to the Services; your violation of the Terms; or your violation of any rights of another.

13. Links

The Site or the Services may contain or provide, or third parties may provide, links to other World Wide Web sites or resources. Since the Cities have no control over such sites and resources, you acknowledge and agree that the Cities are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Cities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. Privacy

You acknowledge that you have read the citysoup.ca Privacy Policy, the terms of which are incorporated herein by reference, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in the Privacy Policy.

15. Disclaimer or Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

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

b. THE CITIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) THE SITE IS OR WILL BE COMPATIBLE WITH ANY SOFTWARE YOU USE IN CONJUNCTION WITH THE SITE.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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 THE CITY, THE SITE, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITIES SHALL NOT BE LIABLE 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 THE CITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

17. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties, representations or conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

18. Notices

Notices to you may be made via either email or regular mail. The Cities may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the site or through the Services.

19. Miscellaneous

Governing Laws: These Terms shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia.

Equitable relief: You acknowledge that any breach by you of the provisions of these Terms will cause irreparable damage to the Cities or others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, The Cities and others will be entitled to injunctive relief for any breach of these Terms.

Severability: Any provision hereof which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Entire Agreement: These Terms and any additional terms that are incorporated by reference herein from time to time constitute the entire agreement between you and the Cities pertaining to the subject matter hereof. You agree to review these Terms prior to any use of the Site, and each Site use by you shall constitute and be deemed to be your unconditional acceptance of these Terms.

Survival of certain provisions: All provisions or obligations contained in these Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of these Terms will survive the termination of these Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees.

Waiver: No delay or omission to exercise any right or remedy accruing to the Cities upon any breach or default by you shall constitute a waiver by the Cities or any breach or default. No waiver by the Cities shall be deemed to have been made unless expressed in writing and signed by the Cities .

Headings: The division of these Terms into article, sections, paragraphs and other divisions and the insertion headings are for convenience of reference and shall not affect the construction or interpretation hereof.

No agency: You and the Cities are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Conflicts: If these Terms conflict with a provision of any other contract between you and the Cities relating to the Site, the provision of such other contract shall govern, but only insofar as is necessary to resolve such conflict.

ADDITIONAL TERMS OF USE FOR CONTENT CONTRIBUTOR

These Additional Terms of Use for Content Contributors, (the “Additional Terms”) and the citysoup.ca Terms of Use govern your use of the citysoup.ca site, the content found on the site, and the services provided through the Site.

You may wish to contribute content to the site by becoming a “Content Contributor”. A Content Contributor must satisfy the Content Contributor eligibility criteria.

When you submit content, you grant the Cities the right to present and repurpose your content on citysoup.ca. Content is defined as all data that is contained or referenced by citysoup.ca, including:

• Information written for hosted websites
• Information scraped from non-hosted websites
• CMS Content
• Suppliers of original content by individuals, organizations, or businesses
• Photos, graphics, video, or audio presented through citysoup.ca

Content repurposing is the process whereby a piece of content is classified through the various categories and then presented through citysoup.ca channels. The Cities reserves the right for final approval and classification of the content.

1. citysoup.ca Content Contributor Eligibility Criteria

a. Founding partners of the Cities :
• City of Coquitlam
• City of Port Moody
• School District #43
• Douglas College

b. Community organizations and business located within the geographic boundaries of Port Moody or Coquitlam.

c. Community organizations and businesses located outside the geographical boundaries of Port Moody or Coquitlam, but provide a service, information or product that is not otherwise available to the residents of Port Moody or Coquitlam.

d. Individuals residing within the geographic boundaries of Port Moody or Coquitlam.

e. Individuals residing outside the geographical boundaries of Port Moody or Coquitlam, but provide information that is not otherwise available to the residents of Port Moody or Coquitlam.

2. citysoup.ca Content Contributor Limitations

Provided there are no Port Moody or Coquitlam individuals, organizations or businesses that provide the same information, there will be no limit to the number approved as Content Contributors from outside the boundaries of Coquitlam or Port Moody.

However, if an individual, organization or business that provides similar or same information establishes themselves in either of the two communities, no additional individuals, organizations or businesses from outside the boundaries of Coquitlam or Port Moody will be approved as a Content Contributors.

3. Application Procedure

The Cities staff will contact the Content Contributor applicant with the first content submission to validate the personal profile. Content Contributor status will be granted simultaneously with the first approved content contribution.
The City reserves the right to either edit or refuse any content contributions to citysoup.ca.

4. Content Eligibility

The Cities reserves the right to refuse content submitted for publication on citysoup.ca.

The Cities reserves the right to approve the publication as well as the classification of all submitted content.

All content published within citysoup.ca will have the author’s full name associated with it.

All approved content must comply with the Conduct of Users clause [add link] established in the citysoup.ca Terms of Use.

5. Representations

If you provide any information that is untrue, inaccurate, not current or incomplete or the Cities have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Cities have the right to refuse any and all current or future use of the Site and the Services without further notice.

6. Description of Services

The Cities currently provide all citysoup.ca users with a variety of information, products, services, tools and resources including, advertising opportunities, community news and information services, a community calendar, community registration services, a community directory, and information found through links to other websites (the “Services”).

You acknowledge that the Site and Services may include certain communications from the Cities about service announcements and administrative messages, about technical questions you may have about the Services, or any other matter relating to the Site or Services. These communications are essential to our relationship with you and to our ability to provide you with Services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our Site or Services. Accordingly, you will not be able to opt out of viewing or receiving these communications. Unless otherwise expressly provided, any new features that augment or enhance the current Services shall also be subject to the Terms.

You understand and agree that theCities provides a venue for the Services solely as a community service. As a result, the Site, the Services and the Content are provided on an "AS-IS" basis and the Cities assumes no responsibility for the timeliness, unavailability, deletion or miss-delivery of the Services or the failure to store any user communications or personalization settings.

7. Additional Terms of Use

There are a variety of resources and services available through the citysoup.ca portal. When using certain resources or services available on the Site, such as the Community Calendar or Community Directory, you may be subject to specific guidelines and rules applicable to such resources or services. All such additional guidelines and rules will be posted on the Site, and these guidelines and rules are hereby incorporated by reference into these Terms. In the event of a conflict between such additional guidelines and rules and these Terms, the additional guidelines and rules shall govern, but only to the extent that they concern such specific resources and services.

8. citysoup.ca Content Contributor Relationship with the Cities

When you submit content to the citysoup.ca environment, you grant the Cities the right to present your content on citysoup.ca.

The options for contributing content to citysoup.ca are via a:

a. Hosted website:
A community organization or business may have a website hosted in citysoup.ca and the Cities extracts content from the hosted website to be published in citysoup.ca. If you have a hosted website in citysoup.ca, you will create connected pages within the Content Management
System for the content you wish to have presented in citysoup.ca. You will always have the right to a listing of areas of content being used from your website.

b. Non-Hosted website:
An individual, community organization or business may have a website hosted outside the citysoup.ca environment that the Cities extracts content from for presentation in citysoup.ca.

If you do not have a hosted website within citysoup.ca and want to provide content, you will be provided with an XML template. This template will enable your content to become accessible to the citysoup.ca portal.

c. Manual Submission:
You can also submit content to citysoup.ca via email, mail or other manual submission methods.

9. Content Submissions

The Cities do not claim ownership of Content you submit or make available for inclusion on the Services. However, you hereby grant the Cites the following world-wide, royalty free and non-exclusive license(s), as applicable:

a. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site or Services, the license to use, distribute, reproduce within the citysoup.ca environment, modify, adapt, publicly perform and publicly display such Content on the Site and Services solely for the purposes of providing the specific portion of the Site and Services to which such Content was submitted or made available and promoting the Site and Services generally. This license exists only for as long as you elect to continue to include such Content on the Site or Services and will terminate at the time you or the Cities remove such Content from the Site or Services.

b With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce within citysoup.ca, modify, adapt in whole or any part thereof, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Services are those areas of the Site that are intended by the Cities to be available to the general public. By way of example, publicly accessible areas of the Services would include the Community Calendar, Community Directory, citysoup.ca content, and hosted websites. However, publicly accessible areas of the Services would not include portions of Services intended for private communication such as mail or messenger.

10. Intellectual Property Rights and Indemnification

By granting to the Cities the world-wide, royalty free and non-exclusive license(s) referred to in the Content Submission section , you hereby represent and warrant that

a. you have the requisite rights to grant the license(s); and

b. that exercise of the license(s) does not and will not infringe the intellectual property rights of any person.

Accordingly you hereby indemnify and hold the Cities , and its members, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party in respect of any alleged infringement of intellectual property rights resulting from the exercise of the license(s) granted in the Content Submission section.

11. Termination

You agree that the Cities , in its sole discretion, may suspend your password, account (or any part thereof) or use of the Services, and remove any Content within the Services, for any reason (including without limitation, for lack of use or if the Cities believes that you have violated or acted inconsistently with the letter or spirit of the Terms). The Cities may also in its sole discretion and at any time discontinue provision of any or all of the Services with or without notice to you.

You acknowledge and agree that any suspension of your access to the Services under any provision of these Terms, and deactivation of your account and all related information and files in your account and/or barring further access to such files or the Services pursuant to a breach of the letter or spirit of any of these Terms may be effected without further notice. You agree that the Cities may ultimately delete your account and all related information and files in your account and/or bar any further access to such files or the Services upon issuance of notice to you. Further, you agree that the Cities shall not be liable to you or any third-party for any termination of your access to the Services, your account and the file in your account, and all related information.

12. Privacy

You acknowledge that you have read citysoup.ca Privacy Policy, the terms of which are incorporated herein by reference, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in citysoup.ca Privacy Policy