Website User Agreement

This is an agreement between you ("You") and the Malvern Red and Black Society ("MRBS" or the "Society"). 'We' and 'us' mean both You and the Society. Reference to the 'website' means www.malverncollegiate.com.

Your access to this website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. By accessing the website You unconditionally and irrevocably accept and agree to be bound by the terms and conditions herein. The Malvern Red and Black Society reserves the exclusive right to revise, change or amend any portion of the terms of use for this website, or any policies or guidelines governing this site, at any time, in its sole discretion and without advance notice to You. Any changes will be effective upon posting of the revisions on the website. Your use of the website will be subject to the most current version of the terms of use posted on the website at the time of such use. Your continued use of the services following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the terms of use, please immediately discontinue use of this website.

Ownership and Copyright

You acknowledge that any and all information, content, databases, software, Society names, trademarks and logos (collectively the 'Content') including the manner in which the Content is presented or appears, are the property of their respective owners as indicated, the Society or its licensors, as the case may be.

Provide Accurate Information

You hereby consent to the collections, use and disclosure by the Society of and agree to provide true, accurate, current and complete information about yourself as requested in the www.malverncollegiate.com registration forms (to be called, 'registration data'). Please update the registration data in a timely manner to keep it current and accurate.

Permitted Use

The Society hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.

Restrictions on Use

You agree that You will not:

  • Distribute the Content for any purpose, without the prior written consent of the Society, which may be arbitrarily withheld.

  • You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Society or its licensors.

  • Use this website or the Contents in any way that violates the laws of Your jurisdiction, including, but not limited to, the use of the website for libelous, abusive, threatening, or obscene purposes, 'spamming', 'junk mail', 'chain letters', and all forms of unsolicited mass distribution.

License to Use Your Information

  • By submitting content, You irrevocably represent, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, the MRBS and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the Content. You further represent that all of the authors of the Content submitted by You have waived their moral rights in such Content. You may not submit materials that are subject to trademark or copyright rights of anyone other than yourself.

  • With the exception of personal information, You hereby grant to the Society a perpetual, unlimited, royalty-free, world-wide, irrevocable license to run, display, copy, reproduce, publish, distribute, transmit, outsource, host, share any information or other Content You provide on or through this website or which is sent to the Society by e-mail or other correspondence. This includes, without limitation, any intellectual property contained therein, for any purpose whatsoever. You represent and warrant that You have the right to grant the license set out above and that any information submitted by You does not infringe any intellectual property rights of any third party.

Limitations on Liability and Disclaimers

  • There is no guarantee that personal information and transactions on this website or on the Internet will be maintained confidential and secure. The use of this website and the Content is at your own risk, and the Society assumes no liability or responsibility pertaining to the Content, your use of the website or the receipt, storage, transmission or other use of your personal information.

  • This website or its content is provided for educational and informational purposes only.

  • This website may contain links to other sites. The Society does not assume responsibility for the accuracy or appropriateness of the content of such sites and in no way endorses the use of such third party websites.

  • The Society will not be responsible for any damages You or any third -party may suffer as a result of the transmission, storage, or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Society to make, or for any errors or any changes made to any transmitted, stored or received information.

  • You are solely responsible for the retrieval and use of the Content.

  • The Content may not be accurate, complete or untampered and is not to be relied upon.

  • The service is provided on an 'as is' and 'as available' basis. The MRBS and it third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, its implied warranties of merchantability and fitness for a particular purpose.

  • Any material obtained through the Society is done at your own discretion and risk, and You will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information either oral or written, obtained by You from the MRBS, will create any warranty not expressly stated herein.

Indemnity

You agree at all times to indemnify, defend and hold harmless the Society, its agents, and their respective directors and volunteers against all actions, proceedings, costs, damages, liabilities, and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred, or paid by the Society directly or indirectly in respect of:

  • Any information or other content You provide on or through this website or which is sent by You to the Society by e-mail or other correspondence, or

  • Your use or misuse of the Content of this website, including without limitation, infringement by You of intellectual property rights of other parties.

Governing Law

The Society, this website and the Content, excluding linked websites or Content are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the exclusive jurisdiction of the Ontario courts.

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February 13, 2005

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