Terms of Service

1. Basic Terms

These Terms apply to all users of the STAYING NATIVE Service. This includes, but is not limited to, non-registered users, registered users, and users who contribute or access Content through the STAYING NATIVE Service.

You may use the STAYING NATIVE Service only if you can form a binding contract with STAYING NATIVE and are not a person barred from receiving the STAYING NATIVE Service under the laws of Ontario or any other applicable jurisdiction. You may use the STAYING NATIVE Service and Content only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules, and regulations. You certify that you are legally permitted to use the STAYING NATIVE Service and access www.staying-native.com. This Agreement is void where prohibited by law, and the right to access the STAYING NATIVE Service is revoked in those jurisdictions. STAYING NATIVE makes no claim that the STAYING NATIVE Service and www.staying-native.com may be lawfully viewed or that Content may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the STAYING NATIVE Service from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

You may not use the STAYING NATIVE Service if you are under 13 years old. Any registration by anyone under 13 is void. By completing the registration process described in Section 2, you represent and warrant that you are 13 or older.

2. Registration

In order to access certain functionality of the STAYING NATIVE Service, you must complete the registration process and create an account (Account), for which you agree to provide current, complete, and accurate information as prompted by the registration form, including your email address. If you submit your credentials (e.g., username and password) for a third-party website (e.g., Facebook, Twitter or Google+) during your registration for the STAYING NATIVE Service, you acknowledge, agree, and consent that STAYING NATIVE will receive the information that is made available by such third-party website and that STAYING NATIVE may use and share such information in accordance with STAYING NATIVE’s privacy policy.

You are responsible for safeguarding your account information and password. You agree to take sole responsibility for any activities or actions under your Account, whether by you or any third party and whether or not you have authorized such activities or actions. We encourage you to exercise caution when sharing any account or personal information with any third parties or third party services. You will immediately notify us of any unauthorized use of your Account or any other breach of security known to you.

Your status as a registered user is subject to your continued compliance with these Terms, and we reserve the right to refuse registration for the STAYING NATIVE Service to, or remove the Account of, any user or participant at any time in our sole discretion.

3. CONTENT

Any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the STAYING NATIVE Service is referred to herein as Content. As a registered user, you can contribute Content through the STAYING NATIVE Service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content.

You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the STAYING NATIVE Service. You understand that your Content may be used by us and that you may be subject to liability if you do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for STAYING NATIVE to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.

The Content you contribute to the STAYING NATIVE Service can be viewed by other users of the STAYING NATIVE Service and possibly through third-party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.

We may or may not monitor or control the Content contributed via the STAYING NATIVE Service and we disclaim responsibility for such Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept or distribute any Content on the STAYING NATIVE Service.

4. Restrictions & Ownership

We invite you to use the STAYING NATIVE Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the STAYING NATIVE Content that is not your own except as necessary to enable you to enjoy the STAYING NATIVE Service as provided by STAYING NATIVE. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the STAYING NATIVE Service for any purpose without the express written consent of STAYING NATIVE; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with STAYING NATIVE; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the STAYING NATIVE Service.

The STAYING NATIVE Service and Content and Do It Like a Local are protected by copyright, trademark, patent, trade secret, and other laws, and STAYING NATIVE or its licensors own all rights, title, and interest in and to the STAYING NATIVE Service and Content (except your Content) and all intellectual property rights therein.

5. Copyrights and Intellectual Property Policy

We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content are important to STAYING NATIVE. If you become aware of misuse of the STAYING NATIVE by any person, please contact info@staying-native.com to report any abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the STAYING NATIVE Service, you will immediately provide notice to us so that we can take appropriate action.

STAYING NATIVE has adopted the following policy toward copyright infringement with respect to the STAYING NATIVE Service in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf.

6. Prohibitions

We do our best to keep the STAYING NATIVE Services safe, but we cannot guarantee it. You agree not to do any of the following while using the STAYING NATIVE Service:
• Use the STAYING NATIVE Service beyond the scope of these Terms;
• Post, publish, submit, link to, or transmit any text, graphics, or other material, whether as Content, Feedback, or otherwise, that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights and rights of privacy and publicity; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use non-public areas of the STAYING NATIVE Service, STAYING NATIVE’s computer systems, or the technical delivery systems of STAYING NATIVE’s providers;
• Attempt to probe, scan, or test the vulnerability of any STAYING NATIVE system, network, or software or breach any STAYING NATIVE security or authentication measures;
• Access or search or attempt to access or search the STAYING NATIVE Service by any means (automated or otherwise) including but not limited to any engine, software, tool, agent, device or mechanism, except through the currently available published interfaces that are provided by STAYING NATIVE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with STAYING NATIVE;
• Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services via the STAYING NATIVE Service;
• Engage in any unlawful multi-level marketing, such as a pyramid scheme, on the STAYING NATIVE Service;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the STAYING NATIVE Service;
• Interfere with, or attempt to interfere with, the access of any member or other user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the STAYING NATIVE Service;
• Impersonate or misrepresent your affiliation with any person or entity;
• Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the STAYING NATIVE Service in a manner that sends more request messages to the STAYING NATIVE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, including but not limited to using scripts to connect with other members or send comments or messages to other members;
• Use sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to your profile;
• Solicit login information or access an account belonging to someone else;
• Collect or harvest any personally identifiable information, including account names, from the STAYING NATIVE Service; or
• Use the STAYING NATIVE Service, or the communication systems provided by the STAYING NATIVE Service, to display any commercial advertisement that is not in the spirit of what is intended by STAYING NATIVE, promote or engage in commercial transactions through the STAYING NATIVE Service, or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the STAYING NATIVE Service.

7.Third Party Websites, Third Party Content, & Advertising

The STAYING NATIVE Service may contain links or references to third-party websites or resources (including but not limited to links provided by other users of the STAYING NATIVE Service), as well as Content and other information belonging to or originating from third parties (including but not limited to other users of the STAYING NATIVE Service) (collectively, the Third-Party Sites, Resources, and Content). You understand that by using the STAYING NATIVE Service, you may be exposed to Third-Party Sites, Resources, and Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge and agree that STAYING NATIVE is not responsible or liable, and STAYING NATIVE disclaims any liability, for: (i) the availability or accuracy of the Third-Party Sites, Resources, and Content; or (ii) the content, products, or services on or available from the Third-Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Sites, Resources, and Content or endorse any opinions expressed via the STAYING NATIVE Service. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third-Party Sites, Resources, and Content.

The STAYING NATIVE Service may include advertisements, which may be targeted to the Content provided by you or others through the STAYING NATIVE Service, for example in your posts or queries. The types and extent of advertising provided through the STAYING NATIVE Service are subject to change. In consideration for STAYING NATIVE granting you use of the STAYING NATIVE Service, you agree that STAYING NATIVE and its third-party providers and partners may place such advertising on the STAYING NATIVE Service or in connection with the display of Content or information from the STAYING NATIVE Service whether submitted by you or others.

8. Privacy

Any information that you provide in your use of the STAYING NATIVE Service is subject to our Privacy Policy, which governs our collection and use of information from and about you. You consent to the collection and use (as set forth in our Privacy Policy) of your personal information, Content, and Measured Data, including the transfer of this information to Canada and/or other countries for storage, processing, and use by STAYING NATIVE. As part of providing you the STAYING NATIVE Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the STAYING NATIVE Service, which you may not be able to opt-out from receiving.

9. Fees and Payment

All fees are stated in Canadian dollars. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. You represent to STAYING NATIVE that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “AS IS” with no warranties of any kind. STAYING NATIVE may modify and/or eliminate such fee-based Services at its discretion.

STAYING NATIVE may change its pricing at any time but will provide you reasonable notice of any such changes by posting the new pricing on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

10. Indemnification

You agree to indemnify, hold harmless and defend STAYING NATIVE (if STAYING NATIVE so elects), STAYING NATIVE’s other users, and STAYING NATIVE’s officers, directors, employees, successors, agents, partners, and third-party service providers, at your expense, from all third-party claims, and all related damages, losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of (i) your breach of these Terms, (ii) your use of the STAYING NATIVE Service, (iii) your Content, or (iv) your violations of applicable laws, rules or regulations in connection with the STAYING NATIVE Service. STAYING NATIVE will provide you with written notice of any such claim. STAYING NATIVE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if STAYING NATIVE exercises such right, you agree to cooperate with STAYING NATIVE as reasonably required in the defense of such claim.

11. Warranties and Disclaimer

You represent and warrant that (i) you have rights necessary to grant to STAYING NATIVE the rights to use your Content, as contemplated under these Terms, (ii) the submission and use of your Content on or through the STAYING NATIVE Service or as otherwise contemplated herein does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (iii) you will comply with all laws and regulations, and (ivnjury from the foregoing rests entirely with you. Further, STAYING NATIVE will have no liability to you or to any third party for any of your content or third-party content uploaded onto or downloaded through the STAYING NATIVE service.

In no event will STAYING NATIVE ’s aggregate liability arising out of or in connection with these terms or the use of or inability to use the STAYING NATIVE service or STAYING NATIVE software exceed the greater of the amounts you have paid to us for use of the STAYING NATIVE service and STAYING NATIVE software and one hundred dollars ($100).

The limitations of damages set forth herein are fundamental elements of the basis of the bargain between STAYING NATIVE and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

13. Termination

You may terminate your account and discontinue your use of the STAYING NATIVE Service at any time. These Terms will be deemed terminated fifteen (15) days following the termination of your account and discontinuation of your use of the STAYING NATIVE Service. We may, in our sole discretion, at any time and for any reason, terminate or cease providing the STAYING NATIVE Service or any portions thereof, terminate these Terms, or suspend or terminate your account. These Terms will terminate automatically upon your material breach of any provision. Upon any termination of these Terms or the STAYING NATIVE Service, your authorization to use the STAYING NATIVE Service will terminate immediately and you will discontinue all use of the STAYING NATIVE Service. Upon termination or expiration of these Terms for any reason, Sections 3, 4 (except your right to use the Service), 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 will survive.

14. Modification to Terms of STAYING NATIVE Service and Other Policies

In efforts to improve the STAYING NATIVE Service, the STAYING NATIVE Service may be modified by us at any time without prior notice to you. You agree and understand that the STAYING NATIVE Service, as modified, will be subject to these Terms. We may change, suspend or discontinue providing the STAYING NATIVE Service or any of their features or content to you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the STAYING NATIVE Service at our sole discretion at any time without liability or prior notice to you.

If you do not agree with our modifications to these Terms, you agree that your only recourse is to decline such terms and stop using the STAYING NATIVE Service.

15. Feedback

We invite you at any time to provide your feedback, comments, and suggestions for improvements to the STAYING NATIVE Service or the STAYING NATIVE Software (the Feedback). Any feedback you may provide regarding STAYING NATIVE or the STAYING NATIVE Service is entirely voluntary. You agree that STAYING NATIVE will own all Feedback, and you hereby assinforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The rights under these Terms may only be waived by a written document executed by both parties.

These Terms will be governed by the laws of the province of Ontario without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the provincial and federal courts located in Toronto, Ontario, and the parties consent to personal jurisdiction therein and waive any objection to jurisdiction and venue in such courts.