The Sandbox Terms and Conditions
Welcome to The Sandbox website (“the Site”). Please read these Terms and Conditions before using, registering or submitting content in any form or medium for publication on the Site. By continuing to use the Site, or by submitting content for publication in the Site, you agree to abide, and that you are bound by, these Terms and Conditions.
Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions at any time and you agree, by virtue of your continued use of the Site, to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality, including without limitation any video and related projects, which augment or enhance the Site shall be subject to these Terms and Conditions.
Discontinuance, Suspension of Site or Termination of Use
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice. You agree that ASEBP shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, we reserve the right to terminate your access to the Site for any reason, and to take any other actions we, in our sole discretion, believe to be in the interest of ASEBP and of our users as a whole.
Rights in Site and Content
This Site, including all text, photographs, graphics, video and audio content, is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions and we have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works and we have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
You shall be solely responsible for your own comments or posts and the consequences of posting or publishing them on the Site. Wherever possible, you in connection with each of your comments, resource or event submissions, you affirm, represent and/or warrant that: (I) unless the submission is a link to another site where the source is indicated, you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. You agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) use the services, software, information, data and other content (the "Services") on the Site to harm minors in any way; (IV) impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (V) submit material or comments that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (VI) post advertisements or solicitations of business; or (VII) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth above.
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please click here.
Use of Content by Third Party
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
Opinions Expressed by Content Contributors
Opinions and other statements expressed by users (e.g., blogs, comments or forum posts) are theirs alone, not opinions of our own. Content created by users is the sole responsibility of the user and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, we are not undertaking any obligation or liability relating to the content. ASEBP and its successors, assigns, employees, agents, directors and officers do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content. ASEBP and its successors, assigns, employees, agents, directors and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, materials or an individual's account at any time in our sole discretion.
Users/Bloggers are Independent
If you submit materials to us as a blogger, you will be treated as an independent contractor, not an employee of ASEBP. You agree that you are not entitled to, and do not expect any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You must obtain and pay for your own computer, Internet access, third-party clearances and licenses and everything else you need to create and submit your blog posts to us. You agree that you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations. You acknowledge and agree that the Site provides a forum with a targeted, local audience for you to share your views and express your unique opinions and ideas. If you post to any of the forums on the Site, you decide when, where and how often you write and submit content. You can write or provide content for anyone else you want at any time. You can write about anything you want. We do not select or approve your topics.
Responsibility for Harm Suffered by ASEBP
You agree to indemnify and hold harmless ASEBP and its directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Use of Site Subject to Certain Disclaimers
OUR SITE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE OR ANY INFORMATION AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY USERS OR THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
ASEBP Liability to You is Limited
This Site is intended to support employee health and wellness activities of participating health champions in the Alberta K-12 education sector, including partners and other stakeholders by providing an online repository which would include valuable and credible resources and provide the Site’s community with an interactive site to collaborate on initiatives, share resources, increase their ability to be successful and connect more closely with ASEBP health advisors. Notwithstanding the foregoing, the health and wellness related information provided on the Site is intended for informational purposes only.
ASEBP and its directors, officers, managers, employees and agents are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions), even if ASEBP has been advised of the possibility of such damages.
Disclosure of Certain Information
You agree that in the event we receive an order issued by a court or from a law enforcement or government agency, we shall comply with such orders without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
We are not responsible for the availability or content of any goods or services provided by third parties that may be linked to our Site. Because we have no control over such goods and services, you acknowledge and agree that we are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such third parties. You further acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or any of the Services, including payment for and the delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. You agree that we will not be responsible or liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
Registration, Accounts and Passwords
Registration is required in order to comment upon a blog or in the forums. Should you choose to register for these services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as required by the registration form (the "Registration Data"); (ii) maintain and update the Registration Data to keep it true, accurate, current and complete; and (iii) be responsible for all activities that occur under such registration or account. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
Dispute Governed by Alberta Law
These Terms and Conditions shall be governed by the laws of Canada and the Province of Alberta.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Waiver and Severability of Terms
If we fail to exercise or enforce any right or provision of these Terms and Conditions, this shall not constitute waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intent of the provision in question, and the other provisions of these Terms and Conditions remain in full force and effect.
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms and Conditions, including regularly reviewing the Terms and Conditions and updating your registration information.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.