On January 13, 2021, PSAC Online Education-Cyberformation AFPC adopted amended Terms of Service, providing as follows:
These TOS are organized as follows:
- Rules for online conduct
- Strictly prohibited items
- User accounts
- Your right to use content on the PSAC Online Education-Cyberformation AFPC Site
- User postings
- Other products & services
- Digital Millennium Copyright Act
- Disclaimers of Warranty / Limitations of Liabilities
- Additional Terms
Rules for Online Conduct
You agree that you are responsible for your own use of the PSAC Online Education-Cyberformation AFPCe Site and for your User Postings. "User Postings" means all content submitted, posted, published, or distributed on the PSAC Online Education-Cyberformation AFPC Site by you or other users of the PSAC Online Education-Cyberformation AFPCe Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the PSAC Online Education-Cyberformation AFPC Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws. As a condition of your use of the PSAC Online Education-Cyberformation AFPC Site, you will not use the PSAC Online Education-Cyberformation AFPC Site in any manner intended to damage, disable, overburden, or impair any PSAC Online Education-Cyberformation AFPC server or the network(s) connected to any PSAC Online Education-Cyberformation AFPC server or to interfere with any other party's use and enjoyment of the PSAC Online Education-Cyberformation AFPC. You may not attempt to gain unauthorized access to the PSAC Online Education-Cyberformation AFPC Site, other accounts, computer systems, or networks connected to any PSAC Online Education-Cyberformation AFPC server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the PSAC Online Education-Cyberformation AFPC Site, its servers, or associated computers through any means not intentionally made available through the PSAC Online Education-Cyberformation AFPC Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account. Furthermore, you agree not to scrape, or otherwise download in bulk, any PPSAC Online Education-Cyberformation AFPC Online Learning Centre Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the PSAC Online Education-Cyberformation AFPC (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
Strictly Prohibited Items
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE PSAC ONLINE EDUCATION-CYBERFOMRATION AFPC SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the PSAC Online Education-Cyberformation AFPC Site.
Your Right to use Content on the PSAC Online Education-Cyberformation AFPC Site
Unless indicated as being in the public domain, the content on the PSAC Online Education-Cyberformation AFPC Site is protected by Canadian and foreign copyright laws. Unless otherwise expressly stated on the PSAC Online Education-Cyberformation AFPC Site, the texts, exams, video, images, and other instructional materials provided with the courses offered on the PSAC Online Education-Cyberformation AFPC Site are for your personal use in connection with those courses only. We aim to make much of the PSAC Online Education-Cyberformation AFPC course content available under more open license terms that will help create a vibrant ecosystem of contributors and further PSAC Online Education-Cyberformation AFPC's goal of making education accessible and affordable to the world. Certain reference documents, digital textbooks, articles, and other information on the PSAC Online Education-Cyberformation AFPC Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the PSAC Online Education-Cyberformation AFPC Site, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the PSAC Online Education-Cyberformation AFPC Site. All rights in the PSAC Online Education-Cyberformation AFPC Site and its content, if not expressly granted, are reserved.
Use for Personalization and Pedagogical Improvements.
User Postings Representations and Warranties.
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize PSAC Online Education-Cyberformation AFPC and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not PSAC Online Education-Cyberformation AFPC, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to PSAC Online Education-Cyberformation AFPC.
By submitting or distributing your User Postings, you hereby grant to PSAC Online Education-Cyberformation AFPC a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to PSAC Online Education-Cyberformation AFPC Users.
By submitting or distributing your User Postings, you hereby grant to each user of the PSAC Online Education-Cyberformation AFPC Site a non-exclusive license to access and use your User Postings in connection with their use of the PSAC Online Education-Cyberformation AFPC Site for their own personal purposes.
OTHER PRODUCTS & SERVICES
Use of PSAC Online Education-Cyberformation AFPC Trademarks and Service Marks.
The "PSAC Online Education-Cyberformation AFPC" names, logos and seals are trademarks ("Trademarks") of the respective entities. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner. All Trademarks not owned by PSAC Online Education-Cyberformation AFPC or the Members that appear on the PSAC Online Education-Cyberformation AFPC Site or on or through the services made available on or through the PSAC Online Education-Cyberformation AFPC Site, if any, are the property of their respective owners. Nothing contained on the PSAC Online Education-Cyberformation AFPC Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the PSAC Online Education-Cyberformation AFPCe Site without the written permission of the owner of the applicable Trademark.
Digital Millennium Copyright Act
Copyright owners who believe their material has been infringed on the PSAC Online Education-Cyberformation AFPC Site should contact PSAC Online Education-Cyberformation AFPC's designated copyright agent at email@example.com or at Public Service Alliance of Canada, 233 Gilour Street, Ottawa, ON K2P 0P1, Attention: PSAC Privacy Officer/General Counsel. Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Within fifteen (15) days of receiving a complaint, the Privacy Officer will contact you to acknowledge the complaint has been received and to establish a timeframe for its resolution. If you are not satisfied with the resolution of your complaint, or if your complaint is about the Privacy Officer, the matter may then be referred to the Office of the National President.
Disclaimers of Warranty / Limitations of Liabilities
User Postings Disclaimer.
You understand that when using the PSAC Online Education-Cyberformation Site you will be exposed to User Postings from a variety of sources and that neither PSAC Online Education-Cyberformatione nor the PSAC Online Education-Cyberformation Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PSAC Online Education-Cyberformation or any of the PSAC Online Education-Cyberformation Participants with respect thereto. Neither PSAC Online Education-Cyberformation nor any of the PSAC Online Education-Cyberformation Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither PSAC Online Education-Cyberformation nor any of the PSAC Online Education-Cyberformation Participants have any obligation to monitor any User Postings or any other user communications through the PSAC Online Education-Cyberformation Site. However, PSAC Online Education-Cyberformation reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the PSAC Online Education-Cyberformation Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, PSAC Online Education-Cyberformation may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Websites.
The PSAC Online Education-Cyberformation Site may include hyperlinks to websites maintained or controlled by others. PSAC Online Education-Cyberformation and the PSAC Online Education-Cyberformation Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If you decide to access linked third-party websites, you do so at your own risk.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER PSAC ONLINE EDUCATION-CYBERFORMATION AFPC NOR ANY OF THE PSAC ONLINC EDUCATION-CYBERFORMATION AFPC PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE PSAC ONLINE EDUCATION-CYBERFORMATION AFPC SITE, OR YOUR PLACEMENT OF CONTENT ON THE PSAC ONLINE EDUCATION-CYBERFORMATION AFPC SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE PSAC ONLINE EDUCATION-CYBERFORMATION AFPC SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PSAC ONLINE EDUCATION-CYBERFORMATION AFPC NOR ANY OF THE PSAC ONLINE EDUCATION-CYBERFORMATION AFPC PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT PSAC ONLINE EDUCATION-CYBERFORMATION AFPC OR ANY OF THE PSAC ONLINE EDUCATION-CYBERFORMATION AFPC PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless, and indemnify PSAC Online Education-Cyberformation and the PSAC Online Education-Cyberformation Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the PSAC Online Education-Cyberformation Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, PSAC Online Education-Cyberformation or the applicable PSAC Online Education-Cyberformation Participant will provide you with written notice of such claim, suit, or action.
Termination Rights; Discontinuation of Courses and Content.
You agree that PSAC Online Education-Cyberformation, in its sole discretion, may terminate your use of the PSAC Online Education-Cyberformation Site or your participation in it, for any reason or no reason, upon notice to you. It is PSAC Online Education-Cyberformation's policy to terminate in appropriate circumstances the accounts of users of the PSAC Online Education-Cyberformation Site who are repeat copyright infringers. PSAC Online Education-Cyberformation and the PSAC Online Education-Cyberformation Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through PSAC Online Education-Cyberformation, or to cease providing any part or all of the PSAC Online Education-Cyberformation Site content or related services, and you agree that neither PSAC Online Education-Cyberformation nor any of the PSAC Online Education-Cyberformation Participants will have any liability to you for such an action. If you no longer desire to participate in the PSAC Online Education-Cyberformation Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the PSAC Online Education-Cyberformation Site, but the other provisions of the Agreements will survive any such termination.
The Agreements constitute the entire agreement between you and PSAC Online Education-Cyberformation with respect to your use of the PSAC Online Education-Cyberformation Site, superseding any prior agreements between you and PSAC Online Education-Cyberformation regarding your use of the PSAC Online Education-Cyberformation Site.
Waiver and Severability.
The failure of PSAC Online Education-Cyberformation to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the PSAC Online Education-Cyberformation Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
January 13, 2021