The Government of Alberta (“Alberta”) and Bang the Table Canada Ltd (“Bang the Table”) (collectively “we”, “us”, and “our”) welcome you to Alberta’s online engagement portal at https://your.alberta.ca/ (the “Site”).
This Site is offered by Alberta for use by individuals who are invited by Alberta to use the Site. Bang the Table operates and hosts the Site for the benefit of Alberta.
While all of the questions, surveys, forums, discussion, and other Content (defined below) on the Site is provided and controlled by Alberta or other individuals invited by Alberta to use the Site, Bang the Table owns and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with Alberta and other interested parties.
You agree and acknowledge that:
- When we use the term “Content,” we mean any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site. Content is provided by Alberta and other users of the Site. Bang the Table does not create, upload or provide any Content you see on the Site. Any Content that you provide or upload to the Site is “Your Content.” As between you and Bang the Table, you own Your Content. Alberta may have additional rights to use Your Content. We (a) make no, and hereby disclaim all, representations or warranties about the Content, and (b) are not responsible for the substance, accuracy, completeness, appropriateness, or legality of Content.
- You have no expectation that your Content will be published on the Site.
- We, and our designated agents, have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and may remove or refuse to post, in our sole discretion, any Content, including if it violates Bang the Table’s Moderation Rules (see below) or Alberta’s social media commenting rules. In some cases, Alberta has the right to review and approve Content before it is included on the Site. Note that neither we nor Alberta edit your Content.
- When you access and use this site, information submitted by you will belong to the data controller (Alberta). This information may include personal data (e.g. your name, age, contact details etc.). Bang the Table’s role is to process this data on behalf of the data controller. Processing means (among other things): ensuring this website runs properly, that your data is securely stored and is available to the controller so that they can effectively manage the site and your input.
- You may be required to register before accessing or contributing content to the Site, or before accessing certain features or functions on the Site. In the event you need to register, this section applies to you. To register for an account on the Site, you must be the older of: (a) 14 years and (b) the age required by law where you live to form a binding contract with us.
- When you register, you agree that you will:
- submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the “Registration Data”); and
- maintain and regularly update the Registration Data to keep it true, accurate, current and complete;
- If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, your account may be suspended or terminated.
- After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You understand and agree that you:
- are fully responsible for maintaining the confidentiality of your password and account;
- are fully responsible for all activities that occur under your password or account;
- must immediately notify us if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and
- must create no more than one user account at the Site.
- You acknowledge and agree that:
- Bang the Table, or its agents, may require access to your user account to respond to service or technical issues; and
- Alberta may communicate with you through your user account by sending messages, newsletters, and other information.
- You agree that we may, in our sole discretion, with or without notice to you, for any reason, terminate your password, account or use of the Site (or any part), and remove and delete any Content within the Site, including Your Content, for any reason. For example, if you repeatedly post content that violates the site moderation rules your account may be suspended or terminated.
- You agree that we may in our sole discretion and at any time, discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.
You understand and agree that:
- all information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site (“Content”) is the sole responsibility of the person who made the Content available, and you are solely liable and responsible for Your Content;
- you are prohibited from advertising or offering to sell or buy any goods or services on the Site.
You shall not:
- post Content that: (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy;
- transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation;
- transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit Content that harms minors in any way;
- impersonate any person or entity, including without limitation an Alberta or Bang the Table representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create a false identity for the purpose of misleading others as to your identity or the originator of a message;
You also agree and acknowledge that:
- you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content;
- Your Content will be seen by Alberta and may be made publicly available on the Site or elsewhere. Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws;
- you agree to and shall comply with the moderation rules for the Site, which can be found at https://your.alberta.ca/moderation (“Moderation Rules”); and
- The Site gives you the opportunity to engage and communicate with Alberta and third-parties. You acknowledge and agree that your communications with Alberta and any third-parties via the Site are solely between you and Alberta and the relevant third-parties.
MODIFICATIONS AND DISCONTINUANCE
We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.
If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact us at firstname.lastname@example.org
You understand and agree that we offer the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. We make no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, we expressly disclaim all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
INDEMNITY AND RELEASE
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at our request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of:
(a) Content you submit, post to, or otherwise transmit through the Site;
(b) Your use of or connection to the Site;
(c) Your violation of these Terms or Use; or
(d) Your violation of any other’s rights.
- Bang the Table hosts this site for Alberta and will not use any data you post to the site for anything other than benchmarking, using de-identified data, and reporting to the client unless that data is publicly available. Bang the Table does not sell lists of user details to third parties. However, Bang the Table does need the rights to share the data with Alberta and occasionally to assist in its analysis. Alberta needs the rights to use the data as it needs to in order to properly listen to the community and to carry out its business. The clause below facilitates this.
- You acknowledge and agree that:
- the Site and any necessary software and technology used in connection with the Site, including but not limited to the software known as Engagement HQ™, contain proprietary and confidential information protected by applicable intellectual property and other laws, and all of the foregoing is owed by Bang the Table; and
- the Content presented to you via the Site or via third parties may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- You hereby grant Bang the Table a nonexclusive, perpetual, irrevocable, royalty-free, paid-up right and license to: (a) use your name or user/screen name and Your Content for Bang the Table’s business purposes, including to provide the Site to Alberta; and (b) sublicense Your Content to Alberta for its business purposes. Bang the Table only uses content for the purpose of benchmarking, use of deidentified data and providing reports to Alberta. Bang the Table does not sell lists of user details to third parties.
When using the Site you may provide Content to the Site. You retain your rights to your Content.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
- We may change the TOU from time to time without prior notice to you and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU, will be to cease all access and use of the Site;
- The TOU constitutes the entire agreement between you and us, and governs your use of the Site, superseding any prior agreements between you and us;
- You will be subject to additional terms and conditions that may apply when you use Linked Sites, affiliate services, third party content or third party software;
- Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision;
- If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then such provision is deemed deleted, but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect;
- Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion;
- Headings in the TOU are for convenience only and do not affect interpretation.