Terms of use

Key items summary

By accessing and using this website (“Site”) and clicking the “I agree” checkbox you accept and agree to terms and conditions set by RNS and confirm that you are at least of the required age of majority in the jurisdiction where you reside or if not, that your legal guardian is accepting these terms on your behalf.

The complete terms and conditions are available through this Site, which we may revise from time to time. We note the following from the terms, to which you are bound.

The Site and RNS’s programs provide information, training, manuals, courses, assessment tools, policy guidelines, procedure guidelines, writings, articles, newsletters, blogs, social media postings, photographs, video material, audio material, images, graphics, trademarks, service marks, logos, media kits, and other works (“Content”).

You may access and use the Site, Content, and RNS’s Programs (“Our Sites and Content”) solely for non- commercial purposes in accordance our terms. You may not alter or modify Our Sites and Content or reproduce, publish, display, publicly perform, transmit, distribute, sell, license, or otherwise commercialize Our Sites and Content in any way for commercial purpose. You agree to access and use the Site only for lawful purposes.

Our Sites and Content are protected by copyright, trademark, personality, and other rights and laws, and belong to us, our contributors, or third parties. All intellectual property rights in Our Sites and Content are retained and owned by us or other respective owners. No right, title, or interest in any of our Our Sites and Content is transferred to you.

Our Sites and Content, and their access, are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, express or implied. RNS expressly disclaims all implied warranties and conditions of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with regard to Our Sites and Content.

Our Sites and Content are provided for training, educational, or informational purposes only. They do not represent advice, diagnosis or opinion of a physician or another regulated health professional. Nothing in Our Sites and Content or in our terms constitutes our provisioning of health care services or establishes a practitioner/patient relationship of any kind. Our Sites and Content cannot be relied upon when making a medical or other health care decision, or to diagnose or treat a medical, health, or injury condition.

If you submit any Content to this Site, you grant RNS a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, publish, reformat, prepare derivative works of, display, perform, distribute, and otherwise make available your Content. By providing personal information to RNS, you consent to the use of the information for the purposes identified in RNS’s Privacy Policy. A complete copy of our Privacy Policy is available upon request.

Terms of Use as of September 2022 (United States)

These Terms of Use (or “Terms”) apply to all users of Recreation Nova Scotia’s websites, including: recreationns.ns.ca, campus.recreationns.ns.ca [●] (individually a “Site” and collectively the “Sites”).

The Site provides information on Recreation Nova Scotia (“RNS”) and RNS’s resources, training, tools, policy guidelines, procedure guidelines, resources, and content which all support development, promotion, and operation of children’s, youth’s, and senior’s recreational, sports, mental health, and healthy living programs for your communities, courses, services, and other services (“Our Programs”).

The terms “we”, “us”, and “our” refer to RNS.

By accessing and using a Site, clicking the “I agree” checkbox, or by registering for any course, service, or any other opportunity offered on a Site, you accept and agree to these Terms and confirm that you are at least of the required age of majority in the jurisdiction where you reside or if not, that your legal guardian is accepting these Terms on your behalf.

1. Sites and Content

The Sites and Our Programs provide information, training, manuals, courses, assessment tools, policy guidelines, procedure guidelines, writings, articles, newsletters, blogs, social media postings, photographs, video material, audio material, images, graphics, trademarks, service marks, logos, media kits, and other works (“Content”).

You may access and use the Sites, Content, and Our Programs (“Our Sites and Content”) solely for non- commercial purposes in accordance with these Terms of Use, including operation of a program that you develop (“Your Program”).

You may access Our Sites and Content and may download, display, and distribute Content for your non- commercial, personal use or other non-commercial purposes in support of Your Program. You may not alter or modify Our Sites and Content or reproduce, publish, display, publicly perform, transmit, distribute, sell, license, or otherwise commercialize Our Sites and Content in any way for commercial purpose, without our prior written permission.

No right, title, or interest in any of our Our Sites and Content is transferred to you. Except as expressly permitted by these Terms, you may not use, modify, reproduce, display, publish, publicly perform, distribute, transmit, or derive another work from any of Our Sites and Content without our written permission.

We may set additional terms and conditions for Our Sites and Content (“Additional Terms”). All Additional Terms are incorporated into these Terms by reference.

If you do not agree to any of these Terms, do not use the Sites, register for any of Our Programs, or use any of Our Sites and Content.

2. Content, Copyright and Trademarks

Our Sites and Content are protected by copyright, trademark, personality, and other rights and laws (collectively, the “Intellectual Property Rights”), and belong to us, our contributors, or third parties. All

Intellectual Property Rights in Our Sites and Content are retained and owned by us or other respective owners.

You may use Our Sites and Content only in the manner and for the purposes specified in these Terms of Use. All rights in Our Sites and Content that are not expressly granted are reserved.

You agree to retain all copyright and other proprietary notices on any Content you obtain.

3. Registration; User Accounts

In order to access and use Our Sites and Content, or enrol in certain courses, conferences or webinars, you may be required to register with the Site, create an account, and pay registration fees. If you register, you agree to provide accurate and complete information when creating or updating your account.

You are responsible for maintaining the confidentiality of your account and password information and ensuring that you log out after each session. You are responsible for the activity that occurs on your account and for keeping your password secure.

You agree to notify us immediately of any unauthorized use of your account or other breach of security. We will not be liable for loss or damages caused by any unauthorized use of your account. You may not use another’s account without our permission.

We may terminate your account if you violate any of provisions of these Terms of Use.

4. User Conduct

You agree to access and use Our Sites and Content only for lawful purposes, in compliance with all applicable laws and these Terms of Use.

You agree not to take any action that might compromise the security of the Sites, render the Sites or the Content inaccessible to others, or otherwise cause damage to the Sites or the Content. You agree not to attempt to access any Content that is not intended for you or to attempt to gain unauthorized access to any part of the Sites. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or downloading of any Content. You agree not to use Our Sites and Content in any manner that infringes or violates anyone’s legal rights.

5. Medical/Health Disclaimer

Our Sites and Content are provided for training, educational, or informational purposes only. They do not represent advice, diagnosis or opinion of a physician or another regulated health professional. Nothing in Our Sites and Content or in these Terms of Use constitutes our provisioning of health care services or establishes a practitioner/patient relationship of any kind. Our Sites and Content cannot be relied upon when making a medical or other health care decision, or to diagnose or treat a medical, health, or injury condition.

6. Disclaimer of Warranties

While we make reasonable efforts to provide reliable and helpful information in Our Sites and Content, we do not guarantee or warrant: the accuracy, reliability, completeness, or timeliness of Our Sites and Content; that they will be appropriate for a particular individual or situation; that they will provide a specific result; or that any of Our Sites and Content will continue to be available.

Our Sites and Content, and their access, are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, express or implied. To the fullest extent permitted by applicable law, RNS expressly disclaims all implied warranties and conditions of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non- infringement, with regard to Our Sites and Content. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by RNS.

We endeavour to, but do not guarantee, that we will correct errors, inaccuracies, or omissions and to change or update Our Sites and Content at any time without prior notice.

7. User Submissions, Discussion Forums and Rules of Conduct

Certain areas or features of the Sites allow you to participate in online public discussion forums and/or to submit comments, messages, profiles, audio material, video material, and/or other information or content for use and display on the Site (collectively, “User Content”). You are solely responsible for any User Content you submit to a Site, and for any related consequences. By submitting User Content to a Site, you grant RNS a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, publish, reformat, prepare derivative works of, display, perform, distribute, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, in any manner or media, and you waive any and all claims you may now or later have to any moral rights with respect to such User Content. By submitting User Content to a Site, you represent, warrant, and agree that you have all necessary legal rights, consents, and permissions to submit that User Content and to grant us this license, and that neither your User Content nor our use of it as permitted under the foregoing license will violate these Terms of Use, any applicable law or the rights of any person or entity.

You agree not to submit any User Content, or engage in any other activity in connection with a Site, that:

contains personal information of another person for whom you do not have authority to disclose;
is intentionally false or misleading;
defames, threatens, harasses anyone;
contains racist, sexist, profane, harmful, dangerous, abusive, offensive, obscene, pornographic content or comments;
contains advertising or is a commercial message or activity;
violates any law or regulation;
contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any computer system, or may unlawfully intercept any data or personal information; and overburdens, impairs, or otherwise interferes with the operation of the Site or other users’ use or enjoyment of the Site.

We do not approve or endorse any User Content. Any opinion, advice, article, publication, message, comment, statement, or other information expressed or made available on our Sites by anyone other than us is that of that person and not that of us.

We reserve the right (but are not obligated) to monitor the Sites and User Content and to remove any of your User Content, at any time (without notice) and for any reason, in our sole discretion, especially if we believe User Content violates the above standards or these Terms, and to suspend or terminate your account and/or right to use Our Sites and Content.

8. Changes

We may change and revise these Terms of Use without advance notice. If we do so, we will post the revised Terms on the related Sites.

You are responsible for reviewing these Terms including any Additional Terms posted on the “Terms of Use” pages within the Sites. Your use of a Site or any of its Content following any such changes constitutes your agreement to be bound by the modified Terms and all of the changes. The last date these Terms were revised is stated at the top of this document.

9. Limitation of Liability and Remedies

Your use of any of Our Sites and Content is at your own risk and you assume full responsibility for any use. In no event will we be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special, or exemplary damages, arising out of or relating to (i) your use of or inability to their use, (ii) any User Content or for the conduct of any user of a Site, (iii) any unauthorized access to your account or alteration of your user communications, transmissions or data, (iv) any harm to or loss of equipment, software or data, (v) any harm flowing from any of the subject matter set out in Paragraph 5 (Medical/Health Disclaimer), including but not limited to harm resulting from your failure to seek medical or other health care treatment; or (vi) any other matter relating to Our Sites and Content, or these Terms of Use, even if PRO has been advised of the possibility of such damages.

If we are found liable to you for any damage or loss arising out of or relating in any way to Our Sites and Content, or these Terms of Use, our cumulative liability to you shall not exceed the fees, if any, paid by you to PRO for access to and use of the applicable Site or Content giving rise to such claim.

10. Indemnification by You

You agree to indemnify and hold harmless RNS and our officers, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, losses, and costs (including, without limitation, reasonable legal fees), resulting from or arising out of your use or misuse of Our Sites and Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

11. Privacy

Privacy of personal information is governed by the Personal Information Protection and Electronics Documents Act (“PIPEDA”). RNS has a formal privacy policy (“Privacy Policy”) that describes how RNS collects, uses, and discloses personal information in the course of commercial activities, and states RNS’s commitment to collecting, using and disclosing personal information responsibly. RNS’s Privacy Policy is based on the standards required by PIPEDA, and RNS’s interpretation of these responsibilities.

Please contact RNS for our complete Privacy Policy.

By providing personal information to RNS, you consent to the use of the information for the purposes identified in our Privacy Policy.

Personal information will only be collected by RNS to meet and maintain its standards of organizing and programming.

Personal information will be retained for a reasonable period of time.

When your web browser requests a web page from another computer on the Internet, your browser automatically gives that computer the address where it should send the information. This address is your computer's "IP address". RNS does not collect, use, or disclose IP addresses.

Cookies are small text files that a web browser transfers to and from your hard drive for record-keeping purposes. Cookies make life easier for you by saving your passwords, purchases, and preferences while you're at our site. The use of cookies is an Internet standard, and you will find cookies at most major Web sites. The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on websites. RNS does not use cookies to identify specific individuals.

12. Termination/Discontinuation

Any rights granted to you under these Terms of Use will terminate automatically upon any breach by you of these Terms, unless we otherwise specifically agree in writing, but the other provisions of these Terms will survive any such termination.

We reserve the right at any time in our sole discretion to cease providing any of Our Sites and Content, to change or discontinue any aspect, feature or element of Our Sites and Content, or Programs, or to cease making the Sites available.

13. Links to Third-Party Web Sites

The Sites may contain links to third party websites that are not owned or controlled by us. Any third party links are provided strictly as a courtesy convenience. If you use these third party links, you will leave the Site and will be subject to the terms of use and policies applicable to those other websites. RNS does not make any representation to you about these sites or the materials available there and does not provide any guarantees these links and the material available there. RNS is not responsible for privacy practices employed by other companies or websites.

14. General Provisions

Save any except potential additional agreements regarding licensing of Our Sites and Content, these Terms of Use and any Additional Terms constitute the full agreement between you and RNS regarding your use of Our Sites and Content, superseding any prior agreements.

If any provision of these Terms is held by a court to be invalid or unenforceable, then that unenforceable provision shall be struck, but shall not affect the remaining provisions.

Your rights under these Terms are personal, non-exclusive, non-transferable, and non-assignable. We may assign or transfer these Terms and/or any rights or obligations hereunder to an affiliate or any successor to all or part of our business or assets.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.

Any claims or disputes relating to these Terms or your use of Our Sites and Content is governed by the laws of the Province of Nova Scotia, Canada, or the federal laws of Canada, as applicable.

You are responsible for compliance with all applicable laws of the jurisdiction in which you access Our Sites and Content.