Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of use and each time you access the Site, you indicate your acceptance and agreement to the current Terms. If there are any changes to these Terms, your continued use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
1. Access to Site. To access publicly available portions of this Site, no login is required. However, you are still bound by these Terms even without a login. To access other parts or features of the Site, or services that Innovate Calgary has to offer, certain users may be required to provide registration and login details. It is a condition of your use of this Site that all the information that you provide to this Site will be correct, current and complete.
2. Access to Services. As part of your use of the Site, you may make use of certain application forms to obtain services from Innovate Calgary. The services provided to you by Innovate Calgary may be subject to additional terms and financial terms that will be communicated to you in writing.
(a) The Site contains text, data, information graphics, photos, logos, icons, trademarks, and other content furnished by Innovate Calgary. You acknowledge that the Site Content is for general information purposes only, and is not intended to constitute specific business advice.
(b) The Site also provides a venue for you to search for information, and the Site has additional features permitting you to input, contribute, post or upload information, data, invention disclosures, invention descriptions, personal or organizational descriptions, events, comments, submissions, products, materials, ideas and other content.
(c) By inputting, contributing, posting or uploading any User Content, you automatically grant to Innovate Calgary and its successors, assigns and affiliated entities, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, display such User Content for the purposes of assessing the User Content, and providing services to you in respect of such User Content. If Innovate Calgary does not provide services to you, it may retain archived copies of the User Content.
(d) In respect of User Content that is posted in any events calendar, forum or comments area that is accessible to other users, as the Site may permit, you acknowledge that users may input, contribute, post or upload User Content without endorsement by Innovate Calgary, so you need to conduct your own review of any User Content accessed by you and accept responsibility for use or reliance on such content. User Content may be owned or licensed by other users.
(e) In respect of any User Content that you input, contribute, post or upload, you represent and warrant that you have all necessary rights to make such User Content available on the Site and that you are not violating our acceptable use policies or infringing any third-party rights, or breaching contractual rights by doing so.
(f) Users are independent from Innovate Calgary and Innovate Calgary has no responsibility or liability for or control over users or User Content. Innovate Calgary does not sponsor or endorse users or User Content. Your access and use of any User Content and your dealings with other users is at your own risk.
5. Acceptable Use:
You may use this Site for your own personal information or for purposes of applying for or using Innovate Calgary services, or other features as may be available through this Site from time to time. You may not use this Site for any improper purpose except as expressly contemplated and permitted by the Site. The Site may be used only for authorized purposes by users who have agreed to these Terms. You must comply with all applicable federal, provincial and local laws and regulations in your use of the Site. You must also abide by Innovate Calgary acceptable use standards, and any acceptable use policy published by Innovate Calgary from time to time. You may not:
(a) post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
(b) threaten bodily harm, destruction of property or otherwise engage in harassment;
(c) transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libellous, deceptive or fraudulent information or information that is invasive of another’s privacy or infringes another’s rights;
(d) transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(e) reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Site for any purpose;
(f) aggregate, scrape, harvest or duplicate any portion of our Site, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the purposes of the Site;
(g) corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
(h) copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
6. Intellectual Property Rights & Confidentiality
The Site Content is owned by Innovate Calgary and its licensors and is protected by copyright and trademark laws and other intellectual property laws of Canada and other nations. Innovate Calgary does not, by these Terms, claim any ownership rights in intellectual property in any User Content submitted through the Site. Where Innovate Calgary requires any interest in your intellectual property as part of the provision of its services, any such assignments or licenses will be subject to separate written terms assented to by both parties.
Innovate Calgary will maintain confidentiality in any confidential portions of User Content. Not all User Content is to be considered confidential, and Innovate Calgary’s obligations of confidentiality do not extend to any User Content or other information which is:
(a) Specifically marked as non-confidential;
(b) Known to Innovate Calgary at the time of disclosure by you;
(c) Publicly available through no fault of Innovate Calgary;
(d) Independently developed by Innovate Calgary without regard to the confidential information;
(e) Required to be disclosed pursuant to any law, regulatory requirement or court order.
7. Unsolicited Submissions. The Site does not constitute an invitation for unsolicited submissions by you of your own products, materials, ideas, inventions or projects. You are making any such submissions of your own User Content because of your interest in Innovate Calgary’s service offerings. Innovate Calgary wishes to avoid misunderstandings and disputes when products, materials, ideas, inventions or projects that are in the Innovate Calgary portfolio are, or appear to be, similar to your own User Content. By submitting any such User Content to Innovate Calgary, you acknowledge and agree that: (a) Innovate Calgary has multiple projects and intellectual property assets under development or management, and anyone of these projects or assets may contain elements that are, or appear to be, similar or identical to your User Content; (b) any similarity between any User Content and any elements in Innovate Calgary’s portfolio would be purely coincidental; (c) you waive all claims against Innovate Calgary, University Technologies International Inc., UTI Limited Partnership, UTI Business Ventures Inc., UTI Commercial Trust and UTI Venture Management Inc. and their respective directors, officers, affiliates, successors and assigns (collectively, the “Innovate Calgary Parties”) in respect of any such similarity or related intellectual property claims.
8. Security Acknowledgement. You acknowledge that Innovate Calgary cannot guarantee the security of any information, communicated by email or the internet. While we implement industry-standard security protocols, the internet, the use of email, and the Site are all subject to security flaws and risks. You accept those risks by using the Site.
9. Disclaimer of Warranties/Limitation of Liability. You understand that Innovate Calgary cannot and does not guarantee or warrant that the Site or files available for downloading from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output. Innovate Calgary does not assume any responsibility or risk for your use of the Internet. Innovate Calgary does not represent or warrant that the content, the Site, its servers or email sent from the Site are free of viruses or other harmful components.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE SITE, EVERYTHING ON THE SITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE SITE, THE INNOVATE CALGARY PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE.
THE TOTAL LIABILITY OF THE INNOVATE CALGARY PARTIES, WHETHER UNDER THE EXPRESS OR IMPLIED TERMS OF THIS AGREEMENT, IN TORT (INCLUDING NEGLIGENCE OR OTHER DUTY OF CARE) OR AT COMMON LAW, FOR ANY LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO ANY DATA LOSS OR CORRUPTION, SUFFERED BY YOU OR ANY OF YOUR USERS OR THIRD-PARTIES, WHETHER DIRECT, INDIRECT OR SPECIAL, OR ANY OTHER SIMILAR DAMAGE THAT MAY ARISE OR DOES ARISE FROM THE SITE, OR ANY BREACH OF THIS AGREEMENT BY ANY INNOVATE CALGARY PARTIES, IS LIMITED TO THE AMOUNT OF THE FEE (IF ANY) PAID TO INNOVATE CALGARY BY YOU FOR ACCESS TO THE SITE OR THE AMOUNT OF $50 CDN, WHICHEVER IS GREATER.
12. General. This Site may contain links to other sites which are not maintained by, or related to, Innovate Calgary. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by Innovate Calgary of, any affiliation with or endorsement by the owner of the linked site. Innovate Calgary has no control over such third-party sites. Other terms may apply to you once you access those separate sites. These Terms and any other legal notices, legal terms, policies and guidelines of Innovate Calgary linked to these Terms or otherwise made available to you in connection with the Site or any services available through the Site constitute the entire agreement between you and Innovate Calgary relating to the subject matter hereof. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Innovate Calgary may assign this agreement in the course of a corporate reorganization, merger or acquisition without prior notice to you. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. It is the express will of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Please contact Innovate Calgary at 3553 31 Street NW, Calgary, AB T2L 2K7 CANADA
Last updated: Jan. 30, 2018