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Terms and Conditions

Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the OurManitoba.org website ("Website"). By accessing or using the Website, you accept and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Website. We reserve the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes acceptance of those changes. We will post the updated Terms on this page with a revised "Last Updated" date.

User Eligibility

You must be at least 13 years of age to use this Website. Users between the ages of 13 and 17 must have parental or guardian consent to use the Website. By using the Website, you represent and warrant that you meet these age requirements.

If we discover that a user under 13 has provided personal information without parental consent, we will delete that information immediately.

User Account and Registration

Certain features of the Website may require you to create an account. When creating an account, you agree to:

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  • Provide accurate, current, and complete information

  • Maintain and promptly update your account information

  • Keep your password secure and confidential

  • Notify us immediately of any unauthorized use of your account

  • Accept responsibility for all activities under your account

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We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

Acceptable Use and User Conduct

5.1 Permitted Use

You may use the Website for lawful purposes only. Specifically, you agree to:

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  • Use the Website in compliance with all applicable laws and regulations

  • Respect the intellectual property rights of OurManitoba.org and other users

  • Provide truthful and accurate information

  • Treat other users with respect and courtesy

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5.2 Prohibited Activities

When using the Website, you must NOT:

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  • Violate any applicable federal, provincial, or local laws or regulations

  • Infringe upon the intellectual property rights of others

  • Upload or transmit viruses, malware, or any other malicious code

  • Engage in any form of harassment, bullying, hate speech, or discriminatory behaviour

  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity

  • Collect or harvest personal information from other users without consent

  • Use automated systems (bots, scrapers, spiders) to access the Website without permission

  • Attempt to gain unauthorized access to the Website, servers, or networks

  • Interfere with or disrupt the Website or servers

  • Upload content that is illegal, offensive, obscene, defamatory, or inappropriate

  • Engage in any commercial activity without our express written permission

User-Generated Content

6.1 Content You Submit

The Website may allow you to submit photographs, comments, reviews, or other content ("User Content"). By submitting User Content, you represent and warrant that:
 

  • You own or have the necessary rights to submit the content

  • Your content does not infringe any third-party intellectual property rights

  • Your content complies with all applicable laws and these Terms

  • You have obtained all necessary permissions, including model and property releases where applicable
     

6.2 License Grant

By submitting User Content to the Website, you grant OurManitoba.org a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, modify, display, and distribute your content in connection with operating and promoting the Website. You retain ownership of your content.
 

Note: Contest submissions are subject to additional terms outlined in the separate Contest Rules page.
 

6.3 Content Standards

All User Content must:

  • Be respectful and appropriate for all audiences

  • Not contain illegal, offensive, obscene, or defamatory material

  • Not promote violence, hatred, or discrimination

  • Not contain spam, advertising, or commercial solicitations (unless authorized)

  • Not include personal information of others without consent
     

6.4 Content Moderation

We reserve the right to:

  • Review, monitor, and moderate User Content

  • Remove or refuse to post any content that violates these Terms

  • Terminate accounts of users who repeatedly violate these Terms

  • Cooperate with law enforcement regarding illegal content
     

We are not obligated to pre-screen content, but reserve the right to do so.

Intellectual Property Rights

7.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by OurManitoba.org, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
 

7.2 Limited License to Users

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. This license does not include:

  • Any commercial use of the Website or its content

  • Copying, reproducing, or distributing Website content (except as expressly permitted)

  • Modifying or creating derivative works based on the Website

  • Using data mining, robots, or similar data-gathering tools

  • Removing or altering any copyright or proprietary notices
     

7.3 Copyright Infringement

We respect the intellectual property rights of others. If you believe that material on the Website infringes your copyright, please contact us at copyright@ourmanitoba.org with:
 

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the material claimed to be infringing and its location on the Website

  • Your contact information (name, address, telephone number, email)

  • A statement that you have a good faith belief that the use is not authorized by the copyright owner

  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

  • Your physical or electronic signature

Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by OurManitoba.org. We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services.

You acknowledge and agree that we are not liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Disclaimers and Limitation of Liability

9.1 Website Provided "As Is."

The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to:
 

  • Warranties of merchantability or fitness for a particular purpose

  • Warranties that the Website will be uninterrupted, error-free, or secure

  • Warranties regarding the accuracy, reliability, or completeness of content

  • Warranties that defects will be corrected
     

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, OurManitoba.org, its directors, employees, agents, and affiliates shall not be liable for:
 

  • Any indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, use, goodwill, or other intangible losses

  • Damages resulting from unauthorized access to or use of our servers and/or personal information

  • Interruption or cessation of transmission to or from the Website

  • Bugs, viruses, or other harmful code transmitted through the Website

  • Errors or omissions in any content

  • Any loss or damage arising from the use of content posted, emailed, transmitted, or otherwise made available via the Website
     

9.3 Maximum Liability

Our total liability to you for any claims arising from your use of the Website shall not exceed the amount you paid us, if any, to access the Website, or $100 CAD, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless OurManitoba.org, its directors, officers, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

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  • Your violation of these Terms and Conditions

  • Your violation of any third-party rights, including intellectual property or privacy rights

  • Your User Content or submissions

  • Your use of the Website

  • Your negligence or willful misconduct

Privacy and Data Protection

Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, and protect your information.

Modification and Termination of Website

We reserve the right to:

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  • Modify, suspend, or discontinue any part of the Website at any time

  • Change or remove content, features, or functionality

  • Impose limits on certain features or restrict access to parts or all of the Website

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We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

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13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Website shall be resolved through the following process:

  1. Informal Negotiation: Contact us first to attempt to resolve the dispute informally

  2. Mediation: If informal resolution fails, disputes may be submitted to mediation

  3. Jurisdiction: If mediation is unsuccessful, disputes shall be subject to the exclusive jurisdiction of the courts of Manitoba

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13.3 Class Action Waiver

You agree that any claims must be brought in your individual capacity and not as part of any class or representative action.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any Contest Rules, constitute the entire agreement between you and OurManitoba.org regarding your use of the Website and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of OurManitoba.org.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.

Contact Information

For questions about these Terms and Conditions, please contact us:
 

OurManitoba.org

Website: www.ourmanitoba.org/contact

Acknowledgment

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use the Website.

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