HMCS YORK WEBSITE AND SOCIAL MEDIA TERMS OF USE

These Terms of Use (the “Terms of Use” or the “Agreement”, as applicable) are a legal agreement between you, and The His Majesty’s Canadian Ship York, its related corporations, foundations, trusts as well as the Canadian Armed Forces (the “CAF”), the Department of National Defence (“DND”), and the Government of Canada generally, as applicable (collectively “YORK”).

The Terms of Use state the terms and conditions under which you may access and use any website which YORK chooses to link to this Agreement or any YORK related social media platforms (each a “Website”). By accessing and using a Website, you are indicating your acceptance of, and agreement to be legally bound by, this Agreement. If you do not accept this Agreement, you must not access or use a Website. 

YORK may revise these Terms of Use at any time by updating this posting. Use of a Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review the Terms of Use.

Ownership of Content

All materials displayed or otherwise accessible through the Website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials (collectively, "Content") are protected by copyright and trade-mark laws, and are owned by a YORK identity, CAF, DND, the Government of Canada and/or their licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of any Content, whether in whole or in part, is prohibited without the express prior written consent of the applicable YORK entity. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any Content, and except as expressly provided, nothing herein or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license under any YORK or any third party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved. 

Limited Licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such Content. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). You agree that you will not use the Website or any Content for any purpose that is unlawful.

Links

The Website may contain links to third-party websites and social media platforms. These links are provided solely as a convenience to you and not as an endorsement by YORK of the contents of such third-party websites. YORK is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites; and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

You also understand and agree that the YORK Privacy Policy (as defined below) is applicable to YORK and while you are using the Website and is not applicable to your use of third-party websites. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information (as defined in the Privacy Policy). 

Limitation of Liability

Subject to applicable law, in no event shall YORK, or any of its members, employees, consultants, representatives, officers, agents, volunteers or licensors (“YORK Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, arising from your use of, reliance upon, or inability to use the Website and/or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if YORK knew of or ought to have known of the possibility of such damages. 

Disclaimer of Warranties

Subject to applicable law, the Website and the Content is provided "as is" and “as available”, without warranty or condition of any kind, either express or implied. YORK expressly disclaims all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. Without limiting the generality of the foregoing, while YORK endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or the Content will be compatible with your computer, mobile or other device and/or software; (ii) the Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content will be corrected, (v) that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.

Release and Indemnity

To the fullest extent permissible under applicable law, you hereby agree to release each of the YORK Released Parties from, and in no event shall any or all of the YORK Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will indemnify and hold each of the YORK Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the YORK Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website. You agree that the applicable YORK Released Party(ies) may assume the defense and control of any matter for which you are required to indemnify the YORK Released Parties and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of the applicable YORK Released Party(ies). 

Privacy Policy

YORK treats personal information that you submit through this Website in accordance with the Department of National Defence and the Canadian Armed Forces Terms and Conditions and Privacy Policy (as set out at http://www.forces.gc.ca/en/terms-conditions.page#social ), and which are specifically incorporated by reference within these Terms of Use)(the “Privacy Policy”).  By using a Website or providing us with personal information, you consent to the use of your Personal Information by YORK in accordance with the terms and for the purposes set forth in the Privacy Policy.

Personal information that you provide to YORK via social media accounts is collected under the authority of the Privacy Act. This information is collected to capture conversations (e.g. questions and answers, comments, “likes”, retweets) between you YORK, CAF and DND. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes. Comments posted that violate Canadian law or these terms of use, will be deleted and disclosed to law enforcement authorities.

Security and Confidentiality

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. YORK cannot guarantee security of any communication to or from the Website. YORK does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. Unless we have confirmed in writing that we represent or act for you, in no event will any information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. YORK does not assume any responsibility or risk for your use of the internet.

Comments and Interaction

We will read comments and participate in discussions on any Website when appropriate. We ask that your comments be relevant and respectful. YORK reserves the right to delete comments that, in the sole discretion of YORK, violate these terms of use, and, at the sole discretion of YORK, the user of any Website may be blocked and reported to prevent further inappropriate comments.

Following, Favouriting and Subscribing

The decision by YORK to “follow,” “favourite” or “subscribe” to another social media account does not imply an endorsement of that account, channel, page or site, and nor does the sharing (re-tweeting, reposting or linking to) by YORK of content from another user.

Trademarks

“His Majesty’s Canadian Ship York”, “Bon Espoir” and similar registered and un-registered trademarks, and the YORK logos, flags, badges and other graphical content displayed on the Website are trade-marks of YORK. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trade-marks of YORK or third parties. Our trade-marks may be unregistered or registered in Canada, the United Kingdom, and in other countries as applicable. Any use of such trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Website (including, without limitation, the Content) may be construed as granting, by implication, estoppel, or otherwise, any license to use any trade-mark(s). You agree that you will not take any actions inconsistent with YORK ownership of, or any third party’s ownership of, the trade-marks.

While certain trade-marks of third parties may be used by YORK under licence, the display of third party trade-marks on the Website should not be taken to imply any relationship or licence between YORK and the owner of said trade-mark or to imply that YORK endorses the wares, services or business of the owner of the said trade-mark.

Intellectual Property Concerns 

If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Website by providing a written notice with the following information:

• Identification of the copyrighted work or trade-mark that you claim has been infringed;

• Identification of the allegedly infringing content, and information reasonably sufficient to permit YORK to locate it;

• A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;

• A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and

• Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). 

Deliver the notice to us at the following address:

His Majesty’s Canadian Ships

659 Lakeshore Blvd W

Toronto, ON, M5V 1A7

ATTN: Adjutant

Governing Law and Jurisdiction

Subject to applicable law, by accessing or using a Website, from Canada, you agree that all matters relating to your access to, or use of, such Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles, and you agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of such Website. 

Termination

YORK may, in its sole discretion, cancel or terminate your right to use any or all Websites, or any part of any Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to access the applicable Website, the part of the Website, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. YORK shall not be liable to any party for such termination.

Third Party Rights

For the purposes of Canadian law, the YORK Released Parties shall be recognized as third party beneficiaries in respect of the benefit of the indemnities given by you in this Agreement.

Entire Agreement

Except for any agreement in respect of Content, this is the entire agreement between you and YORK relating to your access and use of the Websites and the Content herein.

General

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. YORK will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by the applicable YORK entity. No delay or omission by YORK in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of YORK to enforce the strict performance of any provision of this Agreement will not constitute a waiver of the right of YORK to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.