Terms of Use
By entering and using www.ourcommunitycheer.com (interchangeably, the “Community Website” or the “Website”) you agree to and are bound by the terms and conditions set out below. Molson Canada 2005 ("Molson") may revise these terms and conditions at any time – so check here periodically to note any changes.
- 1. This Website is offered to you conditionally upon your acceptance of the Terms of Use set out herein, as well as any amendments or additional terms, policies or procedures published on this Website from time to time by Molson. Molson reserves the right to make changes to its Website, these disclaimers and Terms of Use at any time. You should check these Terms of Use from time to time to keep informed of any such amendments or additions. By accessing and using this Website, you are deemed to have agreed to and are bound by these Terms of Use. Molson shall have the right at any time to change or discontinue any aspect or feature of this Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- 2. Copyright © 2011 Molson Coors Canada. All rights reserved.
Molson either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on our Website (including the organization and layout of this Website), or has obtained the permission of the owner of the intellectual property in such content to use the content on our Website. No reproduction, distribution, or transmission of the copyrighted materials at this Website is permitted without the prior written permission of Molson.
- 3. Purpose of Website
Molson believes that active communities are stronger communities. This Website was created to help individuals and/or groups promote active lifestyles in their communities across Canada. Molson maintains this Website for people of legal drinking age only. The presence of people, who are not of legal drinking age in their province of residence, is strictly forbidden.
- 4. Access and Termination You shall use this Website for lawful purposes only. Molson has the right to deny any person access to this Website or any portion thereof without notice. Without limiting the foregoing, Molson has the right to terminate your access to this Website for any reason at any time, namely if you remain inactive in the Website Community for any length of time. Without limiting the generality of the forgoing, Molson has the right to terminate your access immediately where your conduct is unacceptable, as determined by Molson in its sole discretion, or where you have breached any of these Terms of Use or any other rule applicable on this Website.
- 5. Submissions As a policy, Molson will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested from its agencies and suppliers. THIS COMMUNITY WEBSITE IS AN EXCEPTION. Molson welcomes your community project, including any comments and/or input about this Community Website. ALL PROJECTS MUST BE SUBMITTED ONLINE BY JANUARY 12TH 2012. “CHEERING” WILL RUN FROM JANUARY 12TH – FEBRUARY 10TH 2012. Projects that are approved for funding will be notified via email within the first week of March. However, you must know and understand that:
- (1) anything transmitted and/or uploaded by you to the Community Website is intended for Molson to help provide your project, if selected with financial support along with fundraising advice and assistance, and therefore all materials shall belong to and be the exclusive property of Molson;
- (2) Molson has the right to copyright, use, adapt, publish, distribute, translate, reproduce, alter the materials and create works derived from or based upon such material, for any purpose whatsoever, in or through any and all media, without any restrictions, without any limitations as to time and/or territory, and without further obligation, liability or duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such materials, however arising;
- (3) At Molson’s request, you will assign any materials to Molson, including the execution of a formal written assignment and the waiver of moral rights in the materials, and any other documentation that Molson may reasonably require in order to formalize its ownership in the materials.
Without limiting the foregoing, you understand and agree that everything you submit shall be assigned to and becomes the property of Molson, and when you do send us comments, ideas, suggestions, creative materials or other information, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trade mark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such submission including, but not limited to, an acknowledgment or credit.
- 6. User Generated Content.
You are responsible for your use of the Website, for any content that you post to the Website, and for any consequences thereof. Any content you submit, post or display can be viewed by other users of the Website.
- 7. Content Guidelines
You agree that the content you post, submit, store, transmit, download, upload or distribute on this Website shall be in compliance with these Terms of Use. Without limiting the foregoing, you agree that such content:
- (1) Does NOT disclose any non-public, sensitive, proprietary, confidential OR financial information about Molson, any other company, or anyone other than what is publicly available without the proper authorization to do so;
- (2) Does NOT disclose any Personal Information about any Molson employee, retiree, customer or anybody else;
- (3) Does NOT constitute false information;
- (4) Is NOT threatening, abusive, libelous, defamatory, obscene, or legally objectionable;
- (5) Does NOT constitute, encourage or condone:
- a criminal offense or give rise to civil liability;
- any form of violence, hatred or harassment;
- any form of discrimination on any ground covered by federal, provincial and territorial human rights legislation in Canada, such as religion, race, colour, sexual orientation, disability, etc.;
- (6) Does NOT contravene any applicable law, regulation, policy, guidelines or industry standard, as determined by Molson;
- (7) Does NOT communicate, depict or encourage:
- Immoderate or irresponsible consumption of alcohol;
- Consumption of alcohol by individuals who appear to be or are under legal drinking age;
- An association between consumption of alcohol and any skilled or dangerous activity;
- Consumption of alcohol in general;
- (8) Does NOT involve the unauthorized use of information, software, music, trademarks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right;
- (9) Does NOT contain a virus, Trojan horse, worm, or other harmful or disruptive component; and
- (10) Does NOT violate applicable provincial or federal laws or regulations, including copyright, fair use and financial disclosure laws.
- 8. Monitoring
Molson has the right, but not the obligation, to monitor any content on this Website, including chat rooms and forums, to determine compliance with these Terms of Use, other Molson policies, any operating rules established by Molson, and to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request. Molson does not endorse any content submitted by you or by others. You agree not to rely on any content as being screened, reviewed, monitored or approved by Molson. At any time and without notice, Molson shall have the right, in its sole discretion, to screen, review, edit, refuse to post, disallow, or remove any content submitted to, or posted by you on this Website for any reason, including content that appears to violate these Terms of Use. Without limiting the foregoing, Molson shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- 9. Limited Licence
Molson grants to you a strictly limited licence to display on your computer, a single copy of the underlying HTML, text, audio clips, video clips and other content on our Website, for your personal use and non-commercial purposes only, provided that:
- a. you do not modify any such content; and
- b. you include with and display on each copy of such content the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
- c. make any commercial use of such content;
- d. include such content in or with anything that you create or distribute, except as specifically permitted by Molson from time to time for the purposes of a given activity conducted in connection with this Website; for instance you may NEVER include such content in or with any product that you create or distribute;
- e. copy such content anywhere in any way, except as specifically permitted by Molson from time to time for the purposes of a given activity conducted in connection with this Website; for instance you may NEVER copy such content onto any other person's computer system, handheld device or website;
- f. distribute it to anyone whatsoever.
Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Molson or any other person who owns the copyright in content provided on our Website.
- 10. Trade-marks, Copyright, and Other Intellectual Property
The trademarks and logos on this Website are registered and unregistered trade-marks and intellectual property of Molson or are used by Molson under licence from, or with the consent of, their respective owners. The display of trade-marks, logos or trade names on this Website does not convey or create any licence or other rights in these marks, logos or names. Any unauthorized use of them is strictly prohibited.
- 11. Use at Your Own Risk – Liability Disclaimer
By entering and using this Website you agree that you do so at your own risk. You submit and post content, including personal information about yourself and others, at your own risk. Should you choose to download content, you do so at your own risk. You rely on content posted by others at your own risk. If your use of this Website or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Molson is not responsible for those costs. MOLSON DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THIS WEBSITE. MOLSON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY INFORMATION OR PRODUCTS CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL MOLSON BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF MOLSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- 12. Links to Third Party Sites
This Website contains hyperlinks to websites operated by parties other than Molson. Such hyperlinks are provided for your reference only. Molson does not control such websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk. Furthermore, our Privacy Policy statement is applicable only when you are on our Website. Once linked to another website, you should read that website's privacy policy before disclosing any personal information.
- 13. Indemnification
You agree to defend, indemnify and hold harmless Molson, its affiliates and partners and each of their respective officers, directors, employees and agents, and any other parties involved in creating, producing, delivering, or monitoring this Website, from and against all claims, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with (i) access to or use of this Website or in the delay or inability to use this Website; or (ii)any content, information, data, promotions, activities, products or services associated with this Website; or (iii) your downloading of any materials, text, data, images, video or audio from this Website; or (iv) any content you post, submit, upload, distribute on the Website; or (v) your violation of any third-party rights in connection with your use of the Website; or (vi) in any connection otherwise, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, even if there is a fundamental breach or if Molson has been advised of the possibility of liability or damages.
- 14. Governing Law
This Website is created and controlled by Molson in the Province of Ontario, Canada. As such, the laws of the Province of Ontario, and the federal laws of Canada applicable therein, shall govern this Website and the activities and content thereon, including these disclaimers and Terms of Use, without giving effect to any principles of conflicts of law.