Terms of Use

All material and content contained on this Site, including but not limited to, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, and the compilation of all content on this Site, are the property of NPAC, its Members and/or third parties, and are protected by Canadian and international copyright laws.

All trademarks, service marks, and trade names, are proprietary to NPAC, its Members and/or third parties. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed, in any way without the express permission of copyright or trademark owner.

By using this Site, you agree to respect and abide by all copyrights, trademarks, author attributions, and any other proprietary notices. Except as may be permitted by law, you are required to obtain prior permission from the copyright owner(s) before reusing any copyrighted material on this Site. You acknowledge that you do not acquire any ownership rights by downloading material from this Site.

In the event you download software from this Site, the software, including any files or images incorporated in or generated by the software, and any data accompanying the software (collectively, the “Software”) are licensed to you by NPAC or third party licensors for your personal, noncommercial use only. We do not transfer title of the Software to you. You own the medium on which the Software is recorded, but NPAC (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce, the Software to a human-readable form.

Except for allowing individuals to use this Site for personal, noncommercial use as explained above, users are not granted a license or any other rights from NPAC, including the intellectual property rights or other proprietary rights of NPAC, its members or third parties.

 

PASSWORDS AND SECURITY:

Upon becoming a Member of this Site, you will create a password. You are solely responsible for any use of, or action taken under, your password on this Site. Your password may be used only to electronically authorize transactions, review information regarding potential and completed transactions, and otherwise access and use the Site, in accordance with these Terms and Conditions.

You are solely responsible for maintaining the confidentiality and security of your password and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account).

You accept full responsibility for all transactions and other activity placed on, or conducted through, your account and you agree to hereby release NPAC from any and all liability concerning such transactions or activity.

You agree to notify NPAC immediately of any actual or suspected loss, theft, or unauthorized use, of your account or password. NPAC has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. NPAC will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

 

SITE USE:

The materials and services provided on this Site are for adults only. All visitors are subject to basic rules of conduct while using and accessing the services provided on this Site. By using and accessing this Site you agree to:

1. Refrain from violating applicable federal, provincial and international laws;
2. Refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam, or other materials, to users of the Site or any other individual;
3. Refrain from using the services provided on the Site to harass, threaten, stalk, or abuse, users of the Site;
4. Refrain from using the services provided on the Site to harm minors;
5. Refrain from interfering with others’ use of the Site;
6. Refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information, or to gain or attempt to gain unauthorized access to other computer systems via the Site;
7. Refrain from using the services to create a false identity or to impersonate another person;
8. Refrain from using the services to advertise Internet sites or services which are competitive to this Site.

These rules are only the minimum level of conduct that we expect on this Site. We also ask that you use common sense and be considerate towards other users. We reserve the right to, at our discretion, suspend or terminate your right to use the services provided on this Site if you violate the aforementioned rules of conduct or engage in other offensive conduct. Any termination of membership will not include any refund of membership fees paid.

 

POSTED CONTENT:

As part of your use of this Site, you may upload, post, distribute or disseminate (collectively, “post”) samples of your work, images, videos, animation, files, data, information, and other content and material (the “Posted Content”) on the Site.

You hereby grant NPAC an irrevocable, nonexclusive, transferable, royalty-free worldwide right and license to use the Posted Content for purposes of promotion within this Site. In connection with the operation and promotion of this Site, you agree that NPAC has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used.

To be clear, NPAC does not claim any copyright on your work or images nor any right to use your images in any way other than on this Site itself, and NPAC is not responsible for any unauthorized third-party usage that may occur.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. In other words, please don’t post content that you don’t own or don’t have permission to use.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate, or incomplete material, or delete or revise any material that was not posted by you.

You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

(a) Post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;

(b) Post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;

(c) Post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;

(d) Post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity;

(e) Post any chain letter, pyramid scheme or other Internet scam; or

(f) Post any material that contains a virus, trojan horse, worm, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Members are permitted to post messages to the NPAC message board, and use the features and functions it contains. However, NPAC, in its sole discretion, may deactivate, suspend, or terminate, a Member’s posting privileges, without refunding the membership fee, or take any other actions it deems appropriate under these Terms and Conditions if a Member misuses the message board. “Misuse” of the message board includes, but is not limited to, the posting of any type of commercial announcement or advertisement, the posting of press releases or copyrighted materials copied-and-pasted from other places.

NPAC does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content from other users will be at your own risk. NPAC does not confirm that each user is who he or she claims to be. NPAC makes its best effort to protect Posted Content from being misused. However, if misuse has occurred, NPAC is in no way liable for such misuse. Because NPAC is not involved in user-to-user dealings nor controls the behavior of participants on this Site, in the event that you have a dispute with one or more users, you release NPAC (and its members, agents, and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

NPAC acts only as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If NPAC becomes aware of any Posted Content that allegedly may not conform to these Terms and Conditions, NPAC may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms and Conditions. NPAC has no liability or responsibility to users for the performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. NPAC expects that you will use caution and common sense when using the Site.

NPAC HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST NPAC FOR SUCH REMOVAL AND/OR DELETION.

YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT NPAC MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT.

NPAC IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

 

TERMINATION:

NPAC reserves the right to reject or cancel your membership, suspend or terminate your access to this Site, or suspend or terminate your use of all or any portion of this Site, at any time and for any reason in its sole discretion. The Terms of Use will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to, and the use of, the Site shall not relieve you of any obligations arising from, or accruing prior to, such termination or limit any liability that you otherwise may have to NPAC.

 

ENTIRE AGREEMENT:

These Terms and Conditions (including the Privacy Policy), as may be modified from time to time, constitute the entire agreement between you and NPAC with respect to the subject matter hereof. These Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

 

JOINT VENTURE:

Nothing in these Terms and Conditions shall constitute or create a joint venture, partnership, or any other similar arrangement between you and NPAC. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions.

 

ASSIGNABILITY:

These Terms and Conditions will be binding on, and will inure to the benefit of, the legal representatives, successors and assigns of both parties. NPAC may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder.

 

NOTICE TO COMPANY:

Any notice to NPAC that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to president@npac.ca.

THIS SITE AND THE MATERIAL PROVIDED THEREIN IS PROVIDED ON AN “AS IS” BASIS. NPAC DOES NOT REPRESENT OR WARRANT THAT THE MATERIAL PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. NPAC IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. NPAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY MATERIAL PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

TO THE FULLEST EXTENT ALLOWED BY LAW, NPAC DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT NPAC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; OR (3) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT NPAC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.

SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER NPAC NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYERS OR MEMBERS ARE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. NPAC’s LIABILITY SHALL BE LIMITED TO THE GREATER OF THREE HUNDRED CANADIAN DOLLARS OR THE UNUSED PORTION OF YOUR MEMBERSHIP FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.