Terms of Use and Copyright¶

CWF Canada¶

Terms of Use¶

PLEASE READ THESE TERMS OF USE (“APP TERMS”) CAREFULLY BEFORE USING THIS MOBILE APPLICATION (“APP”). BY USING THIS APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS APP.

These App Terms apply exclusively to your access to, and use of the Canadian Fish Passage Assessment app (CANFISHPASS), which is a product of the Canadian Wildlife Federation (“CWF”). If you are using CANFISHPASS on behalf of any entity, you represent and warrant that you are authorized to accept these App Terms on such entity’s behalf, and that such entity agrees to indemnify you and CWF for violations of these App Terms.

CWF reserves the right to change or modify any of the terms and conditions contained in the App Terms or any policy or guideline of the App, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the App. Your continued use of the App following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the App Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the App. If you do not agree to the amended terms, you must stop using the App.

How we use personal information¶

The personal information collected by CWF from App users is used to:

Attribute appropriate sources to Canadian Aquatic Barriers Database (CABD site; https://aquaticbarriers.ca/) data and updates.
Track and report on the types of users and number of individuals or entities utilizing the App.
Evaluate, develop or improve the App, the CABD site, or associated tools.
Respond to questions and comments.
Maintain our information technology security and the physical security of our facilities.
Meet our legal responsibilities.
Achieve a specific purpose where we have obtained appropriate consent to collect or use your information for that purpose.

Privacy Policy¶

Please refer to our privacy policy for information on how CWF collects, uses and discloses personally identifiable information from its users.

User Content and Services¶

The App also includes user generated content and services for the purposes of uploading information to the CABD site. This includes areas or services in which you or other users create, post or store any content, data, information, text, images or materials through the App (“User Content”). You are solely responsible for your use of such services and use them at your own risk.

By using these services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the App any of the following:

User Content that is unlawful, libelous, defamatory, false, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
User Content that, in CWF’s sole judgment, may endanger or otherwise affect CWF’s tax-exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;
Promotions, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of CWF, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the App, or which may expose CWF or its users to any harm or liability of any type.

CWF takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CWF liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity you may encounter. Your use of the App is at your own risk. As a provider of interactive services, CWF is not liable for any statements, representations or User Content provided by its users in any way on the App or CABD site.

Although CWF has no obligation to screen, edit or monitor any of the Content uploaded, CWF reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored through the App at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store through the App at your sole cost and expense. Any use of the App or other portions of the CABD site in violation of the foregoing violates these App Terms and may result in, among other things, termination or suspension of your rights to use the App.

You retain all rights in User Content (other than Feedback) you post to the Site. Unless we indicate otherwise, you grant CWF a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the App, CABD site, and any related Services. You grant CWF the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content through the App; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these App Terms and will not violate any rights of or cause injury to any person or entity.

Copyright and Creative Commons copyright¶

Unless otherwise indicated in the App, the App and all content and other materials on the App, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, the “App Materials”) are the proprietary property of CWF and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

Permission is granted to access and use, download, copy and print the data, including information submitted through the App, from the CABD database for personal or commercial uses, in accordance with these App Terms and the other rules and restrictions contained in the App and CABD site, as well as under a Creative Commons license (the specific license is CC BY-SA, and we recommend you read these terms).

Importantly, under this Creative Commons license, if you adapt or build upon the material, you must license the modified material under identical terms.

Trademarks¶

The CWF logo, the CWF initials, and any other product or service name or slogan contained in the App are trademarks of CWF, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CWF or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “Canadian Wildlife Federation,” the CWF initials, or any other name, trademark or product or service name of CWF without our prior written permission. Reference to any products, services, promises or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Accuracy of information¶

All reasonable endeavours have been used to ensure the accuracy of the content collected through the App and stored on the CABD site. However, as the database grows and evolves, no warranty is given to that effect, nor is any liability accepted by CWF for any loss or damage arising from the use of App or CABD site. If your project requires the most relevant or up-to-date information or quotes, please contact us before publishing.

Disclaimer¶

Your use of the App, the App materials and the services provided on or through the App, is at your own risk and are provided “as is”, without warranties of any kind. CWF does not represent or warrant that the App, CABD site, the site materials or the services are accurate, complete, reliable, current or error-free or that the site or its servers are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download. CWF is not responsible for typographical errors or omissions. Reference to any products, services, programs or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CWF. To the fullest extent allowed by the law, CWF expressly disclaims any and all warranties, conditions and other terms either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for particular purpose.

Feedback and Materials¶

Any comments or materials sent to CWF (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this App or any other products or programs of CWF (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of CWF. You hereby assign all rights in the Feedback to CWF, and CWF shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, CWF shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

Limitation of Liability¶

Activities associated with the App can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that, to the fullest extent permitted by applicable law, CWF cannot and does not assume responsibility for any such personal injury, death, or property damage resulting from your use of the App.

In no event shall CWF, any other party (whether or not involved in creating, producing, maintaining or delivering the App), and/or the officers, directors, employees, shareholders or agents of any of them, be liable for any direct, incidental or consequential damages of any kind, including, without limitation, loss of use, loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, loss of, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the App, the services, the content or the materials contained in or accessed through the App or CABD site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from CWF, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CWF’s records, programs or services. In no event shall the aggregate liability of CWF, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App exceed any compensation you pay, if any, to CWF for access to or use of the App.

Indemnity¶

You agree to defend, indemnify and hold CWF, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective its officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions, any User Content you post, store or otherwise transmit on or through the App or CABD site, or your use of or inability to use the App, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.

Termination; Removal of User Content¶

Notwithstanding any of these App Terms, CWF reserves the right, without notice and in its sole discretion, to discontinue the App or any Services offered through the App or CABD site and to terminate your license to use and block your access to the App at any time without notice. In addition, CWF reserves the right to delete, edit or modify any and all User Content contained in the App or CABD site and any services offered through the App or CABD site at any time without notice.

Severability/Waiver¶

If any provision of these App Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these App Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these App Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law and Jurisdiction¶

These App Terms and your use of the App are governed and construed in accordance with the laws of the Province of Ontario, applicable to agreements made and to be entirely performed in the Province of Ontario, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these App Terms shall be filed only in the provincial and federal courts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these App Terms.

Questions & Contact Information¶

Questions or comments regarding our site terms of use should be directed to CWF.