Please read these terms and conditions (“Terms and Conditions”) carefully before using this website and any BOKS Canada content on social media sites (including without limit Facebook and Twitter) (together, the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to these Terms and Conditions in their entirety, please leave the Site.
Operator of the Site
The Site is operated by the Reebok Canada Fitness Foundation, 8100 Highway 27, Woodbridge, Ontario Canada (“BOKS Canada”).
Content on the Site
All of the content featured or displayed on or through the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations, software, and other information (“Content”) is owned by BOKS Canada, its affiliated companies, its licensors or its content providers, as applicable. All elements of the Site including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property or other rights. Except as explicitly permitted under these Terms and Conditions or another agreement with BOKS Canada, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of BOKS Canada, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved.
Copyright and Trademarks
All rights in the Content, including copyright, are and remain owned by BOKS Canada, its affiliated companies, its licensors, or content providers, as applicable. Except as may be otherwise indicated within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of BOKS Canada. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by BOKS Canada. BOKS Canada does not transfer title to the Software to you. You own the medium on which the Software is recorded, but BOKS Canada retains 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. Your use of the Software may be subject to additional terms and conditions.
All trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively “Marks”) located on this Site are the property of BOKS Canada, its parent or affiliate entities, their respective licensors or other third parties. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Marks of BOKS Canada or its parent or affiliate entities in any way, without BOKS Canada’s prior express written consent. The use of any of the Marks on any other website or network computer environment, for example the storage or reproduction of the Site (or any part of) in any external internet site is prohibited, without the express written consent of BOKS Canada. Certain other trademarks, service marks, and logos provided on the Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner.
Disclaimer of Warranties
The Site and the Content are provided “as is” and without any warranties of any kind. The Content on the Site is for general information purposes only, and does not constitute advice.
BOKS Canada does not represent or warrant that the Content and/or facilities contained on the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, BOKS Canada will not provide for specific IT infrastructure or connectivity. Thus, BOKS Canada does not represent or warrant that the Site will be uninterrupted or error free. BOKS Canada does not make any warranties or representations regarding the use of the Content on the Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Limitation of Liability
Your use of the Site is entirely at your own risk. BOKS Canada, its affiliated companies, licensors and content providers, and any of their respective employees, officers, directors or agents, funders (including the Public Health Agency of Canada) and any other party involved in creating, producing or delivering the Site or any Content shall not be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content or the Site, including damages caused by viruses or any incorrectness or incompleteness of the Content on the Site, or otherwise arising out of or in connection with these Terms and Conditions, even if BOKS Canada has been advised of the possibility of any such damages.
Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.
Links to Third Parties
Misuse of the Site
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property or other rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. BOKS Canada may deny you access to the Site at any time in its sole discretion, and which shall include situations where BOKS Canada believes that your use of the Site is or may be in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, BOKS Canada shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (“License”). You acknowledge and agree that BOKS Canada only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. BOKS Canada does not continuously monitor User Generated Content published by you or moderating between users, nor shall BOKS Canada be under an obligation to do so. However, BOKS Canada reserves the right to do so from time to time, in its sole discretion. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of BOKS Canada. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personal, or other rights of third parties, does not contain any defamatory or disparaging statements and does not otherwise violate the Terms and Conditions. Furthermore, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and keep BOKS Canada, its affiliated companies, licensors and content providers harmless against all costs, expenses, damages, losses and liabilities incurred or suffered by BOKS Canada, its affiliated companies, licensors and content providers related to any User Generated Content posted or transmitted by you, or otherwise through your use of the Site.
BOKS Canada reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which BOKS Canada believes is not in accordance with these Terms and Conditions (including User Generated Content which infringes or may infringe third party intellectual property rights, rights of privacy or personality or other rights), or is otherwise unacceptable to BOKS Canada.
You agree to promptly notify BOKS Canada in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content), which you believe, breaches or might breach these Terms and Conditions. You agree to provide to BOKS Canada sufficient information to enable BOKS Canada to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. BOKS Canada agrees to make good faith efforts to investigate such report and shall take such action as BOKS Canada in its sole discretion decides. However, BOKS Canada does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
How You Can Contact Us
If you have any questions or comments about the Site or these Terms and Conditions or in the event that you wish to make a complaint or report regarding the Site (or its Content), then please click here.
Changes to the Terms and Conditions
BOKS Canada reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean you accept those changes.
Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the laws in force in the Province of Ontario and you and BOKS Canada hereby submit to the non-exclusive jurisdiction of the Ontario Courts.