ODHA Website > Social Hub Terms and Conditions – Content – EDIT THIS (if necessary)

Terms and Conditions of Use of the Ontario Dental Hygienists’ Association (“ODHA”) Social Media Website (“our Social Media Website”)

  1. Introduction 1.1  These terms and conditions shall govern your use of our Social Media Website. 1.2  By using our Social Media Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Social Media Website. 1.3  If you register with our Social Media Website, submit any material to our Social Media Website or use any of our Social Media Website services, we will ask you to expressly agree to these terms and conditions. 1.4  You must be at least 19 years of age to use our Social Media Website; by using our Social Media Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 19 years of age. 1.5 Our Social Media Website uses cookies; by using our Social Media Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy (which includes policies relating to cookies).

2. Disclaimer Of Warranties

THE SITE AND THE CONTENT ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.   3. Copyright Notice 3.1 Copyright (c) 2019 ODHA. 3.2 Subject to the express provisions of these terms and conditions: (a) Except for third party software including without limitation open source software, we, together with our Collaborators, own and control all the copyright and other intellectual property rights in our Social Media Website and the material on our Social Media Website; and (b) all the copyright and other intellectual property rights in our Social Media Website and the material on our Social Media Website are reserved.   4. Licence To Use Our Social Media Website 4.1 You may: (a) view pages from our Social Media Website in a web browser; (b) download pages from our Social Media Website for caching in a web browser; (c) print pages from our Social Media Website; (d) stream audio and video files from our Social Media Website; and (e) use our Social Media Website services by means of a web browser, subject to the other provisions of these terms and conditions. 4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Social Media Website or save any such material to your computer. 4.3 You may only use our Social Media Website for your own personal and business purposes, and you must not use our Social Media Website for any other purposes. 4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Social Media Website. 4.5 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our Social Media Website (including republication on another social media website); (b) sell, rent or sub-license material from our Social Media Website; (c) show any material from our Social Media Website in public except as expressly permitted; (d) exploit material from our Social Media Website for a commercial purpose; or (e) redistribute material from our Social Media Website. 4.6 We reserve the right to restrict access to areas of our Social Media Website, or indeed our whole Social Media Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Social Media Website.   5. RSS Feed 5.1 You may access our RSS feed using an RSS reader or aggregator. 5.2 By accessing our RSS feed, you accept these terms and conditions. 5.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial social media website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 5.3. 5.4 It is a condition of this licence that you include a credit for us and hyperlink to our Social Media Website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). 5.5 We may revoke any licence set out in this Section 5 at any time, with or without notice or explanation.   6. Acceptable Use 6.1 You must not: (a) use our Social Media Website in any way or take any action that causes, or may cause, damage to our Social Media Website or impairment of the performance, availability or accessibility of our Social Media Website; (b) use our Social Media Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our Social Media Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Social Media Website without our express written consent; (e) access or otherwise interact with our Social Media Website using any robot, spider or other automated means, except for the purpose of search engine indexing; (f) violate the directives set out in the robots.txt file for our Social Media Website; or (g) use data collected from our Social Media Website for any direct marketing or sales activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 6.2 You must not use data collected from our Social Media Website to contact individuals, companies or other persons or entities. 6.3 You must ensure that all the information you supply to us through our Social Media Website, or in relation to our Social Media Website, is true, accurate, current, complete and non-misleading.   7. Registration and Accounts 7.1 To be eligible for an account on our Social Media Website under this Section 7, you must be resident or situated in Canada. 7.2 You may register for an account with our Social Media Website by completing the account registration on our Social Media Website. 7.3 You must not allow any other person to use your account to access our Social Media Website. 7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account. 7.5 You must not use any other person’s account to access our Social Media Website, unless you have that person’s express permission to do so.   8. User Login Details 8.1 If you register for an account with our Social Media Website, we will provide you with a user ID. 8.2 You must keep your password for your account confidential. 8.3 You must notify us in writing immediately if you become aware of any disclosure of your password. 8.4 You are responsible for any activity on our Social Media Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.   9. Cancellation and Suspension of Account 9.1 We may: (a) suspend your account; (b) cancel your account; or (c) edit your account details, at any time in our sole discretion without notice or explanation. 9.2 You may cancel your account on our Social Media Website using your account control panel on our Social Media Website.   10. Social Networking 10.1 Registered users will have access to such additional features on our Social Media Website as we may from time to time determine, which may include: (a) facilities to complete a detailed personal profile on our Social Media Website, to publish that profile on our Social Media Website, and to restrict the publication of that profile to particular groups or individuals registered on our Social Media Website; (b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members; (c) the facility to send private messages via our Social Media Website to particular groups or individuals registered on our Social Media Website; and (d) the facility to post and publish text and media on our Social Media Website. 10.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off our Social Media Website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and, subject to Section 16.1, you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information. 10.3 You agree to the publication of posts relating to you, by others, on our Social Media Website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 16.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.   11. Personal Profiles 11.1 All information that you supply as part of a personal profile on our Social Media Website must be true, accurate, current, complete and non-misleading. 11.2 You must keep your personal profile on our Social Media Website up to date. 11.3 Personal profile information must also comply with the provisions of Sections 6 and 13 and the other provisions of these terms and conditions.   12. Your Content: Licence 12.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Social Media Website for storage or publication on, processing by, or transmission via, our Social Media Website. 12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to our Social Media Website and any successor social media website. 12.3 You grant to us the right to sub-license the rights licensed under Section 12.2. 12.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2. 12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. 12.6 You may edit your content to the extent permitted using the editing functionality made available on our Social Media Website. 12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.   13. Your Content: Rules 13.1 You warrant and represent that your content will comply with these terms and conditions. 13.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). 13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. 13.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet. 13.5 You must not use our Social Media Website to link to any other social media website or web page consisting of or containing material that would, were it posted on our Social Media Website, breach the provisions of these terms and conditions. 13.6 You must not submit to our Social Media Website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 13.7 The Social Media Website must not be used as a vehicle to discuss or reference fees charged for dental hygiene services.  Posts that violate this policy will be deleted.  Questions, comments or concerns about the dental hygiene fee guide should be addressed to the ODHA directly via [email protected]   14. Report Abuse 14.1 If you learn of any unlawful material or activity on our Social Media Website, or any material or activity that breaches these terms and conditions, please let us know. 14.2 You can let us know about any such material or activity by email: [email protected]   15. Limited Warranties 15.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our Social Media Website; (b) that the material on our Social Media Website is up to date; or (c) that our Social Media Website or any service on our Social Media Website will remain available. 15.2 We and our Collaborators reserve the right to discontinue or alter any or all of our Social Media Website services, and to stop publishing our Social Media Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our Social Media Website services, or if we stop publishing our Social Media Website. 15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we and our Collaborators exclude all representations and warranties relating to the subject matter of these terms and conditions, our Social Media Website and the use of our Social Media Website.   16. Limitations and Exclusions of Liability 16.1 Nothing in these terms and conditions will: (a) limit any liabilities in any way that is not permitted under applicable law; or (b) exclude any liabilities that may not be excluded under applicable law. 16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions: (a) are subject to Section 16.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions. 16.3 YOUR USE OF OUR SOCIAL MEDIA WEBSITE SERVICES AND ITS CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT, OR YOUR USE OF OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT, OR THESE TERMS OF USE, EVEN IF OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHE. PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT, OR YOUR USE OF OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY CANADIAN DOLLARS ($50) IN AGGREGATE, EVEN IF OUR SOCIAL MEDIA WEBSITE OR ITS CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 16.4 We and our Collaborators will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 16.5 We and our Collaborators will not be liable to you in respect of any loss or corruption of any data, database or software. 16.6 We and our Collaborators will not be liable to you in respect of any special, indirect or consequential loss or damage. 16.7 You accept that we have an interest in limiting the personal liability of our officers and employees; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Social Media Website or these terms and conditions.   17. Indemnity 17.1 You hereby indemnify us and our Collaborators, and undertake to keep us and our Collaborators indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Social Media Website or any breach by you of any provision of these terms and conditions.   18. Breaches of These Terms and Conditions 18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we and/or our Collaborators may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our Social Media Website; (c) permanently prohibit you from accessing our Social Media Website; (d) block computers using your IP address from accessing our Social Media Website; (e) contact any or all of your internet service providers and request that they block your access to our Social Media Website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our Social Media Website. 18.2 Where we suspend or prohibit or block your access to our Social Media Website or a part of our Social Media Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating or using a different account).   19. Third Party Social Media Websites 19.1 Our Social Media Website includes hyperlinks to other social media websites owned and operated by third parties; such hyperlinks are not recommendations. 19.2 We have no control over third party social media websites and their contents, and, subject to Section 16.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.   20. Trade Marks 20.1 ODHA, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 20.2 The third party registered and unregistered trade marks or service marks on our Social Media Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.   21. Competitions 21.1 From time to time we may run competitions, free prize draws or other promotions on our Social Media Website. 21.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).   22. Variation 22.1 We may revise these terms and conditions from time to time. 22.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Social Media Website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Social Media Website.   23. Assignment 23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these terms and conditions. 23.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these terms and conditions.   24. Severability 24.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. 24.2 If any unlawful or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.   25. Third Party Rights 25.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 25.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.   26. Entire Agreement 26.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Social Media Website and shall supersede all previous agreements between you and us in relation to your use of our Social Media Website.   27. Law and Jurisdiction 27.1 These terms and conditions shall be construed under the laws of the Province of Ontario, without regard to its principles of conflicts of law. 27.2 You agree that all claims and disputes will be heard and resolved exclusively in courts sitting in Ontario, Canada. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).   28. Our Details 28.1 Our principal place of business is at Suite 108, 3425 Harvester Road, Burlington, Ontario L7N 3N1. 28.2 You can contact us: (a) by post, using the postal address given above; (b) using our Social Media Website contact form; (c) by telephone, on the contact number published on our Social Media Website from time to time; or (d) by email, using the email address published on our Social Media Website from time to time.