Last updated: September 12, 2018

HACKERGAL WEBSITE TERMS OF USE

Your Acceptance of these Terms of Use

Please read these terms of use carefully before using this website as they represent a binding agreement (the “Terms”) between each user of our website (“you” or “your”) and Hackergal Inc. (referred to as “Hackergal”, “we”, “us” or “our”).

If you wish to access and use our website, you must accept and agree to be bound by and comply with these Terms.  If you do not agree to these Terms, then you must not access or use our website.

You agree that these Terms, and any related information, communications and agreements between you and us, may be made available or occur electronically.

These Terms were last updated on the “Updated” date indicated above. We reserve the right, in our sole discretion, to modify these Terms at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://hackergal.org/terms-of-use/

Eligibility to Use the Website

You hereby represent and warrant that, and you will use our website only if, at the time of use, you: (i) have either reached the age of 18; or (ii) the age of “majority” or “legal responsibility” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of  “majority” or “legal responsibility” where you live, or do not understand this section, please ask your parent or legal guardian for assistance and their consent before you use this website. If you are the parent or legal guardian of a minor who uses this website, you and the minor accept and agree to be bound by these Terms and are responsible for all use of, and actions taken, on the website.

Use of Our Website

The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Hackergal grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these Terms immediately terminates that license.

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Hackergal is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.

All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.

Our Services

Hackergal is a not-for-profit organization that introduces young girls across Canada to coding. We make this possible by partnering with schools and other third party providers and organizations. This means we do not determine certain details such as the quality, timing, legality, or the availability of such third party services and as such you agree to  abide by any terms and conditions provided to you by such third providers in addition to ours. Our website is solely an information and introduction service.

Trademark and Copyright Information

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”).  Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Hackergal.

You further agree not to reproduce, duplicate or copy Content from our website without the express written consent of Hackergal, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server is prohibited, without Hackergal’s prior written approval.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

Although Hackergal does not claim ownership of content that its users post on our website, by posting content to any area of our website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Hackergal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our website or otherwise.

Your Privacy

We respect your right to privacy.  All information that we may collect via our website is subject to our privacy statement, which is accessible at: http://hackergal.org/privacy/

Your Conduct

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

  • is unlawful;
  • includes personal or identifying information about another person without that person’s explicit consent;
  • impersonates any person or entity, including, but not limited to, a Hackergal employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • is harmful, threatening, abusive, harassing, defamatory, pornographic;
  • harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
  • employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Hackergal or any other person as a result of your submission of any information on or through our website.

Hackergal reserves the right to refuse to post or to remove any content, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of these Terms.

Disclaimer Regarding Third Party Content

Our website may offer access to third party websites and content available over the Internet. Hackergal generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the Terms and privacy policies posted at these third party websites. Inclusion of a link to third party’s content does not imply endorsement by Hackergal of such content. You further agree that Hackergal shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

Disclaimer of Warranties and Liability

OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Hackergal does not warrant the accuracy or completeness of the Content. Hackergal and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, Hackergal may make changes to our website at any time without notice. However, Hackergal makes no commitment to update the information contained herein.

Indemnity

You agree to indemnify and hold Hackergal and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Unsolicited Submissions

If you submit ideas, drawings, suggestions, comments, or similar information to Hackergal, whether through our website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your submissions.

You agree that the content of your submissions will immediately become the property of Hackergal.  You also recognize that your submissions may be used or developed by or on behalf of Hackergal or its affiliates without any obligation to you.

Independent Relationship

Nothing in these Terms shall be construed as forming a partnership or joint venture between Hackergal and you. Neither party to these Terms will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that Hackergal is acting independently from you, and that Hackergal will not be deemed, under any circumstances, to be your employee or agent, for any purpose.

General Matters

These Terms constitute the entire agreement between you and Hackergal regarding your use of our website, superseding any prior agreements between you and Hackergal. These Terms and the relationship between you and Hackergal shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Hackergal agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Hackergal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign any of your rights and obligations under these Terms; Hackergal may assign any of its rights or obligations under these Terms, at any time without notice to you. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.