ACCEPTANCE OF TERMS
The webpages available at www.compsci.ca, www.dwite.org, blog.compsci.ca, blog.compsci.ca/, wiki.compsci.ca, and all linked pages ("Site"), are owned and operated by Computer Science Canada, Dan, Tony, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. COMPUTER SCIENCE CANADA'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPUTER SCIENCE CANADA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
Computer Science Canada reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Computer Science Canada may notify you via email or via forum postings. What constitutes a "material change" will be determined at Computer Science Canada's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Computer Science Canada may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Computer Science Canada performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, articles, photographs, images, illustrations, software, audio clips and video clips, sorce code, tutorials, profiles also known as the "Content") on the Site. Computer Science Canada may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Computer Science Canada may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Computer Science Canada and select a password and screen name ("User Name") for the forums, blog, wiki, and other services. You shall provide Computer Science Canada with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Computer Science Canada accounts. You may not (i) select or use as a User Name of another person with the intent to impersonate that person; (ii) use as a User Name subject to any rights of a person other than you without appropriate authorization; (iii) use as a User Name that is otherwise offensive, vulgar or obscene; or (iiii) sign up for multiple accounts for the same service without permission of Computer Science Canada. Computer Science Canada reserves the right to refuse registration of, or cancel an account at its discretion. You shall be responsible for maintaining the confidentiality of your Computer Science Canada passwords.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Computer Science Canada.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other Computer Science Canada users;
to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Computer Science Canada user;
to create or submit unwanted email or private message ("Spam") to any other Computer Science Canada users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories, comments, links, topics, shouts, code, programs, files, tutorials, articles, profiles, private messages linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
with the intention of artificially inflating or altering the 'post count', blog count, comments, 'bits', 'karma', topic rating or any other Computer Science Canada service, including by way of creating separate user accounts for the purpose of artificially altering Computer Science Canada's services; giving or receiving money or other remuneration in exchange for 'bits' or 'karma'; or participating in any other organized effort that in any way artificially alters the results of Computer Science Canada's services or user rankings.
to violate any rules listed for a given service layed out in the following pages:
Forums: www.compsci.ca/rules.html
DWITE: www.dwite.org/rules.html
Computer Science Canada may remove any Content and Computer Science Canada accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), due to (IP, e-mail, hostname or username) listing on stopforumspam.com or a DNSBL, or for no reason at all. Violations of the ToU may lead a user's account being banned, removed or user's information being submited to a public (or private) DNSBL or stopforumspam.com. To report Terms of Use abuse, please email: abuse@compsci.ca
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Attribution-ShareAlike 2.5 Canada License, available at http://creativecommons.org/licenses/by-sa/2.5/ca/legalcode.en.
You agree to grant CompSci.ca, dwite.org, their owners, administrators and staff, all rights to use and publish all content uploaded, submitted, posted or otherwise sent to any of the services offered. All content submitted to our services should be considered to be a matter of public record and no expectation of privacy should be assumed. CompSci.ca, dwite.org, their owners, administrators and staff reserve the right to make all content publicly available for the duration of the life time of their services and keep a public record of posts/content regardless of any removal request from the original poster/submitter.
CONTENT REMOVAL
Computer Science Canada, CompSci.ca, dwite.org, Dan, Tony, or any staff member are under no obligation to remove any content upon user request. Content that violates the ToU, any law were services are provided or is copyright infringing maybe be considered for removal upon request (copyright infringement is subject to rules outlined in the below section). User's requesting the removal of their own posts and content may request removal for a small administrative fee for each post (outlined in our privacy policy).
COPYRIGHT COMPLAINTS
Computer Science Canada respects the intellectual property of others. It is Computer Science Canada's policy to respond expeditiously to vaild claims of copyright and other intellectual property infringement. Computer Science Canada will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Canadian intellectual property laws. Upon receipt of notices complying or substantially complying with Canadian law, Computer Science Canada may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Computer Science Canada will terminate access for subscribers and account holders who are repeat infringers.
Notifying Computer Science Canada of Copyright Infringement: To provide Computer Science Canada notice of an infringement, you must provide a written communication to the attention of Computer Science Canada care of abuse@compsci.ca that sets forth the information specified by Canadian copyright law. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Please note that any take down requests may be posted publicly including the name of the requester and copyright holders involved. Additional a detailed (non copyright infringing) description of the content removed from the service may be issued.
Also note that a user may not request content which they them selves posted and own the copyright to be taken down as part of a copyright complaint as they agreed to give our services all rights to publish and use their submitted content as we see fit.
Providing Computer Science Canada with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Computer Science Canada with a counter notification by written communication to the attention of Computer Science Canada at abuse@compsci.ca that sets forth all of the necessary information required by Canadian copyright law. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
COMPUTER SCIENCE CANADA PRIVACY POLICY
Computer Science Canada's current privacy policy is available at www.compsci.ca/Privacy.html (the "Privacy Policy"), which is incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless Computer Science Canada, its parents, subsidiaries, affiliates, customers, vendors, officers, staff, owners, admins, mods, super mods, employees, Dan and Tony from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Computer Science Canada accounts, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that Computer Science Canada has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Computer Science Canada from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Computer Science Canada makes no representations concerning any content contained in or accessed through the Site, and Computer Science Canada will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Computer Science Canada has no control over such sites and resources, you acknowledge and agree that Computer Science Canada is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Computer Science Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPUTER SCIENCE CANADA, ITS SUPPLIERS, DAN, OR TONY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES.
TERMINATION
Computer Science Canada may terminate or suspend any and all Services and your Computer Science Canada accounts immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Computer Science Canada account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
BITS AND KARMA POINTS
Points give to Computer Science Canada accounts as a user ranking system ('Bits' and 'Karma') have no real world value and Computer Science Canada has no obligation to refund, compensate, or to provide services for them. Computer Science Canada reserves the right to remove or add such ranking points to any Computer Science Canada account at any time with out notice or warning.
The 'Bits Shop' is provided as an 'as is' entertainment service and is for entertainment purposes only and no real currency or value is exchanged (as bits have no value). As such Computer Science Canada is under no obligation to provide services, items or products purchased within or refund any purchase.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Computer Science Canada in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Computer Science Canada shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Computer Science Canada 's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Computer Science Canada 's prior written consent. Computer Science Canada may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario, as if made within Ontario between two residents thereof. Notwithstanding the foregoing sentence, (but without limiting Computer Science Canada 's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jintly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Ontario using the English language. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Last updated: November 12th, 2011