Legal Stuff
Last updated: Friday, February 18, 2010
COPYRIGHT
Unless otherwise indicated, any story, blog entry, photo, illustration or video on discover5oceans has been created and is owned by Aspen Point Productions Inc., individual contributors, or is a Public Domain document. Any person or organization wishing to reproduce Aspen Point Productions Inc. owned content located on discover5oceans is free to do so provided they accept the terms of the Creative Commons Attribution 2.5 Canada License.
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PRIVACY POLICY
In as simple language as possible, this Privacy Policy provides information about what we do with any personal information you give to us on the www.discover5oceans.com website. There are also Terms and Conditions applicable to using discover5oceans (“d5o”) elsewhere on this website. d5o also uses products and services provided by our Service Partners, and you’ll need to read the agreements and legal notices found on their sites.
Access and use of the d5o website is provided to you by Aspen Point Productions Inc. (“Aspen Point”) on condition that you accept the terms of the Privacy Policy, and by accessing or using this website, you agree to these terms. If you do not agree with and accept this Privacy Policy, you should not access or use this website.
Aspen Point may revise and update this Privacy Policy at any time and without notice. You are cautioned to periodically review the Privacy Policy posted on the d5o website. Your continued access or use of this website after any such changes are posted means you accept these changes.
By using the d5o website, you consent to the collection, use and disclosure of your personal information in accordance with this policy. The terms of this policy apply to all personal information collected by d5o on the website discover5oceans.com and other Aspen Point Productions Inc. websites that may be linked to discover5oceans.com. We have created this policy pursuant to the Personal Property Protection Act (Alberta) 2003, c.P-6.5. The privacy laws in your country or state may be more or less protective than the province of Alberta, Canada.
This site is operated by Aspen Point and may be accessed in Canada and abroad. For personal information protection purposes, Aspen Point is the controller and, unless otherwise noted, is also the processor of the personal information. Information collected may be retained as long as it is reasonably required for the purposes it was collected.
Consent To Collection Of Your Personal Information
When you visit www.discover5oceans.com, certain kinds of non-personal information, such as the website that referred you to us, your IP address, browser type and language, as well as other performance-related information may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. We only collect personal information about you after you have provided us with your consent to collect that specific information. By voluntarily providing this information to us, you consent to the collection and use of your personal information as set out in this privacy policy. You may choose not to provide personal information, but if you so choose, certain products and services may not be available to you.
Use Of Your Personal Information
Aspen Point collects and uses your personal information to:
Create and manage your discover5oceans registered member account, if applicable; provide customer service; to display content that is customized to your interests and preferences; if you are a content contributor, to identify your uploaded content as your content and provide access to tools on the site that enable you to manage that content; to communicate with you about new information and services.
We may send communications such as welcome email, reminders, and notices when additional content is available on the website. If you are a registered member, we may also send surveys or marketing communications to inform you of new products or services or other information that may be of interest, if you have opted in to the receipt of these communications. If you do not wish to receive surveys or marketing communications, you may adjust your “Member Preferences” or follow the “unsubscribe” instructions included within each email communication. Personal information collected by Aspen Point on the d5o website may be stored and processed in Canada or any other country in which Aspen Point maintains facilities, and by providing us with your personal information and using our sites or services, you consent to any such transfer of information outside of your country. If you would like to exercise any of your personal information protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.
Disclosing Your Personal Information
Except as set out in this Privacy policy, Aspen Point does not disclose or sell your personal information to any third parties.
We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may hire other companies to provide data storage, to host websites, provide video streaming services, etc. Those third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, (ii) must protect personal information to the same extent as Aspen Point, and (iii) shall be prohibited from using it for any other purpose.
Personal information disclosed to Aspen Point may be available to a foreign government or its agencies under a lawful order made in a court of competent jurisdiction. We reserve the right to disclose your personal information if required or permitted to do so by law.
Accessing Your Personal Information
If you are a registered member of d5o and would like to review or revise information that you previously provided to us, you may access and change your personal information in the “Member Account” section of the site. You may also contact User Services by email at help@discover5oceans.com for assistance.
Personal Information Preferences
Aspen Point respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive communications from us, please let us know by: (1) checking or unchecking the appropriate box on your online registration form when you sign up or the in “Member Account” page of the website once you are a member; or (2) contacting User Services in the manner described in the above paragraph.
Security of Your Personal Information
The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:
Limiting access to your personal information to those of our employees who require it to provide services to you; ensuring that third-party service providers’ policies respect the confidentiality of your personal information and that they commit to not using it for any unauthorized purposes; storing your personal information in secure computer systems which protect it from unauthorized access or use.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take all reasonable steps to protect your personal information, we cannot guarantee its absolute security.
If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.
Blogs & Other Interactive Services
Our site may include interactive areas or services, including blogs, message boards, discussion forums, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at help@discover5oceans.com. Removal of a posting from a d5o Interactive Area does not mean that the posting will be permanently deleted from systems owned and operated by third-party suppliers.
Links
We may link to websites, including those of third-party content providers that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
Changes To This Privacy Policy
We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this statement or in how Aspen Point will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.
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WEBSITE TERMS OF USE
This discover5oceans website is owned and operated by Aspen Point Productions Inc. (“Aspen Point”). This agreement governs your use of the public portions of the discover5oceans website (www.discover5oceans.com).
Access and use of this website is provided by Aspen Point to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
Aspen Point may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse this website or any secure areas, system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
Privacy
Aspen Point is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices, and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.
Currency of Website
Aspen Point updates the information on this website from time to time. However, Aspen Point cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Aspen Point may revise, supplement or delete information, services or the resources contained in the Website, and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Websites
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Aspen Point monitors or endorses these websites. Aspen Point does not accept any responsibility for such websites, and 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Aspen Point shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the materials from this website. Aspen Point recommends that you install appropriate anti-virus or other protective software on your computer.
Website and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ASPEN POINT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL ASPEN POINT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Aspen Point harmless against all claims or liability asserted against Aspen Point arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement
Aspen Point respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a written communication addressed to our Chief Executive Officer including all relevant information.
Feel free to email Aspen Point at help@discover5oceans.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Aspen Point is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:
- Aspen Point has no obligation concerning such information;
- the information is non-confidential;
- Aspen Point may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
This website is controlled, operated and administered by Aspen Point from within the Province of Alberta, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
General
Aspen Point’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this website or these Terms of Use, please contact Aspen Point at help@discover5oceans.com.
