By accessing this TELUS web site ("Site") you agree to be bound by the following terms ("User Terms"). This Site is operated by TELUS Communications Company ("TELUS"). "You" and "your" refer to users of the Site. The Site is the property of TELUS and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. TELUS reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes.
- No Warranty or Representation. While TELUS uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with TELUS, its suppliers or affiliates. Neither TELUS, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if TELUS has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMLINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the Content of this Site may occur without notice.
- Use of Information. The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against TELUS, its suppliers or affiliates.
- Links. This Site may contain links to other web sites that are not under the control of TELUS. TELUS is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the "Linked Sites"). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. TELUS provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by TELUS of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites , which you should locate and review.
- TELUS (STORYHIVE™) Content. All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, "look and feel" and arrangement of the foregoing, (together "Content") on the Site is proprietary and is owned, controlled or licensed by or to TELUS, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without TELUS' consent.
- User Content. User Content. Ideas you post and information you share may be seen and used by other Users, and TELUS does not guarantee that other users will not use the ideas and information that you share on the Site. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Site.
By posting or uploading any ideas, comments, images, sounds, videos or any other form of content or information to the Site (collectively "User Content"), you (i) grant a fully paid up, royalty free, perpetual and worldwide license to display the User Content and to prepare and display other promotional materials for Optik Local that may incorporate the User Content, which promotional materials shall be works owned by TELUS and not subject to your approval; (ii) waive all moral rights in the foregoing in favor of TELUS and its licensees; (iii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content; (iv) acknowledge the User Content will be considered non-confidential; and (v) warrant that you own all rights to the User Content, or have obtained all third party consents, waivers, permissions and/or licenses with respect to the User Content, necessary to grant the rights above without any limitations or restrictions.
You are responsible for ensuring that the your User Content (i) complies with these Site terms and any directions or guidelines posted on the Site; and (ii) is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, profane, sexually explicit, obscene or otherwise objectionable. TELUS reserves the right to remove any User Content from the Site. Without limiting the foregoing, you may not post or upload any User Content or engage in any activity on the Site which (i) could constitute or encourages conduct that could constitute a criminal offence or give rise to civil liability; (ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iii) solicits passwords, personal information, funds, goods and/or services for unlawful purposes; (iv) impersonates any person, licensed professional, business or entity, including TELUS and our employees and agents; or (v) that contains advertising.
TELUS reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.
- Monitoring. TELUS is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without TELUS' consent. However, you agree that TELUS has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if TELUS believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other TELUS user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. TELUS reserves the right in its sole discretion to issue any response it considers appropriate if TELUS becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights. We will also encourage you to report any inappropriate content to us by email at email@example.com.
- Consent. You acknowledge that you have read the TELUS Privacy Commitment (as it may be updated from time to time) (the "TELUS Privacy Commitment") and hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment.
- Viruses. TELUS assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
- Right of Indemnification. You agree to defend, indemnify and hold TELUS, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
- Limitation of Liability. Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall TELUS, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither TELUS nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.
- Non-Waiver. TELUS' failure or delay in insisting upon or enforce strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.
- Governing Laws. By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
- Territory. The Site originates in Canada. TELUS' products and services are offered in TELUS' operating territory. Some products and services referred to on the Site may not be available in parts of TELUS' operating territory or may not be compatible with party line services.
- Voting. Individuals registered on STORYHIVE.com can elect to cast votes during the designated Voting Phase(s) of the competition as outlined in the Competition Terms. TELUS reserves the right to disqualify or discount any entrant or vote connected to votes acquired or cast by means deemed ineligible by our Competition Terms. TELUS does not accept any responsibility for any technical failure or malfunction with the STORYHIVE platform which may result in any vote being lost, not properly registered or recorded. Any users who, in the opinion of TELUS, attempts to tamper with or inappropriately influence any part of the voting, interfere with or manipulate voting procedure may be disqualified from further participation in the voting. These votes will help determine which ideas will become finalists and will contribute to the final jury deliberation process. The decision on any dispute with respect to voting will be made by TELUS, and is final and conclusive.
- Miscellaneous. These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between TELUS and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Last Updated: March 2015