Communote is a an internet-based communitty predicacated on the free excahnge of ideas, academic and-non academic discussion in a culture of tolerance and respect, and a spirit of communal ownership over information.
This User Agreement sets the terms of use for Communote's services, and is a legal contract between "users" and Communote, whereby users include all registered individuals.This agreement is subject to the law of contracts in Ontario.
By using this website, users acknowledge that they have read, understood, and agree to be bound by the terms of this agreement. Users who do not agree to the terms of this agreement should choose not use Communote's services.
1. Purpose
1.1 Communute operates within the scope of Canadian criminal and civil law. Users may not use Communote to break the law, including but not limited to violating an individual's privacy, engaging in any form of threatening or harassment, conducting any frauulent transactions, or infringing any person or entity’s intellectual property or any other proprietary rights.
1.2 Communote is not intended to be a marketplace for any goods or services aside from the literary works on the site. Communote is therefore not responsible for any transactions relating to content outside the scope of its services.
2. Accounts
2.1 To participate in Communote's discussions, users must create an account, which includes a username, password, and at least one of Facebook and Google login credentials. An email adress may be required in the absence of one of the means of authentication listed above.
2.2 Individuals can browse Communote without logging in. Should this be done, such useres may not post, add content, remove content, or communicate with other users on the communote website.
2.3 Users responsible for the information associated with their accounts. Should an account be found out as the source of any illegal conduct, or conduct violating this User Agreement, the user holding the account should report such conduct by contacting an administrator at [email protected].
2.4 Users may not license, transfer, sell, or assign their account without express approval from Communote.
2.5 Communote reserves the right to monitor all users' conducs. Using the website is a tacit agreement that a user consents to such monitoring. Such monitoring is necessecary to ensure the security and respect of all users. The scope of such monitoring will be restricted by the parameters described in Communote's PRIVACY POLICY.
2.6 Communote may, with or without notice, for violations of this agreement: (1) suspend your ability to comment, (2) temporarily limit Your Account or Communote Premium membership, and/or (3) remove any of your User Content from Communote.
3. Premium Accounts
3.2 Users may also join our premium membership program, Communote premium, by paying a monthly fee, or if someone gifts you a membership. Communote premium does not confer any benefits other than those listed here, it is not currency, it is a membership-based service, and its features are subject to change.
3.2 Users may also submit your debit or credit card information via the website as part of Communote or to purchase other products or services via Communote. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Communote or one of our service providers.
3.3 All provisions of this user agreement apply to Communote premium users except where otherwise specified
4. Communote Content
2.1 All graphics, text, photographs, images, audio, software, code, website compilation, and advertisements supplied by us or our licensors, termed "Communote content," is subject to protections of Canadian copyrights law, particularly as set out in the s.3(1) of the *COPYRIGHT ACT.
2.2 Users may access the Communote content in the manner prescribed by this user agreement, or by the Fair Dealing exeptions under s.29 of the *COPYRIGHT ACT.
2.3 If a user discovers copyright infrigning content, they shall be responsible to bring such content to the attention of Communote at [email protected].
5 User Content
5.1 Users are entitled to own copyright to the "user content" uploaded on Communote. Yet, by uploading any material to the Communote website, users grant Communote a non-exclusive yet unrestricted perpetual worldwide license to reproduce, modify, prepare derivative works, distribute copies, perform, or publicly display any such content in any medium and for any purpose, in accordance with s.13(4) of the *COPYRIGHT ACT.
5.2. Users agree that they have rights to submit anything uploaded to the Communote website, and that such content does not violate the Intellectual property rights of any other legal person.
5.3 Communote will assume no liability for any user content submitted by you to Communote. By uploading content to Communote, users are responsible for any liabilities that may be incurred, including copyright violations.
5.4 Communote is not responsible for the actions taken or not taken by moderators. However, if you feel you have been acted upon unfairly by a moderator, you may appeal the action by contacting an administrator at [email protected].
5.5 Communote is not responsible for the content or actions of any third party websites or services associated with posted links. Users agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links.
6. Communote Rules of Engagment
6.1 Communote's "rules of engangment" ask users to abide by the following:
(a) agree to not intentionally jeopardize or threatne to jepordize the health and safety of others or yourself
(b) agree to not post anyone else's sensitive personal information that relates to that person's real world or online identity.
(c) agree not to encourage harm against human beings, personal or public property, or the natural environment.
(d) agree not to post any child pornography, sexually suggestive content involving minors or animals.
(e) agree not to post any content that is discriminatory in any way, shape, or form.
(f) agree engage in open discussion with fully supported views, without resorting to insults of a personal nature.
(d) agree to take personal responisblitiy where there is the possibility of criminal and civil liability for personal acts.
6.2 Communities within Communote may define their own rules and enforce them as they see fit, providing they do not violate the terms of this agreement.
6.3 Communote will strive to use disclaimers to limit liabilities where possible, such as when content is potentially dangerous, age-restricted, or offensice, and users are highly recommended to agree to do the same.
6.4 The user that forms the community within Communote becomes by default the initial moderator.
7. Moderators
7.1 All Communities must have at least one Moderator at a time. Being a moderator for a group on Communote requires that a user take a leadership role in that specific group, called a Community. It invovles the moderator taking responsibility for the content in that group in an unofficial capacity. It is a role that can be entered into or exited into at any time.
7.1 A user not enter into any form of agreement on behalf of Communote, or the community which you moderate, without the express written consent of Communote.
7.2 Moderators are not to be compensated financially or otherwise for the role they undertake.
7.3 A Moderator is required to remove content that violates this user agreement in their Community, as soon as practicable upon discovery of such content.
7.4 Moderators are subject to the democratic consenus among the members of the Community, wih respect to all decisions made in their capacity as Moderators.
7.5 Moderator status will terminate voluntarily when a Moderator is no longer willing or able to perform moderator duties.
7.6 To give up a position as moderator, you must either appoint other moderator(s) or hold an election, unless there are already moderators on the team.
7.7 Communote reserves the right to revoke that position for any user at any time.
8. Spam, Junk, and other Debris
5.1 Junk - User may not post any graphics, text, photographs, images, audio or other material that we deem to be junk or spam.
5.2 False Advertising - Users are also prohibited from false advertising products. All advertising is regulated by Communote, and is carried out by carefully selected advertisers. False advertising includes claiming functionality of a product with certainty, presenting an unatainable price of a product, or any other conduct deemed deceptive or fruadulent by Communote.
9. Other Users' Content
9.1 Users shall not purposefully act to undermine, frustrate, or negate any user's actions. They shall delete or edit their content on Communote without permission of that user.
10. Communote's Service
10.1 Users shall note interrupt the serving of Communote, introduce malicious code onto Communote, make it difficult for anyone else to use Communote due to your actions, attempt to manipulate votes or Communote’s systems, or assist anyone in misusing Communote in any way.
10.1 Communote highly recommends that users do their part in reporting of security vulnerabilities or defects in Communote's provided service, by sending a message to [email protected].
11. Protecting Our Kids
11.1 Please be advised that Communote is not currently directed at people under the age of 13, and Communote does not knowingly collect any personal information from such people at this time. In the future, further precautions will be implemented to allow for users under the age of 13 to safely engage in Communote.
11.2 If a user comes to know that an individual under the age of 13 is accessing Communote, please report this at [email protected].
11.3 Users must provide their real age if asked by Communote. This policy exists for the safet of all users.
12. Copyright Concerns.
- Communote wholly depends on the contributions of its users. If a user recognizes any copyrighted material published on the Communote website, Please send our Copyright Agent the following information:
a) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
b)Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
c) The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
d) Your name, address, telephone number and email address;
e) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
to the following adress:
Copyright Agent Communote, Inc. 7 Model Avenue Toronto, ON, Canada, M3H 1V9 [email protected]
10.2 Users may be asked to provide proof of ownership if it is detected that material associated with their account has been flagged for violating copyright, by either Communote's automatic scanner, Moderators, or other users.
10.3 Communote will notify users immediately if materiall associated with their account has been removed for copyright-related reasons. Users who believe their content was wrongly removed due to a mistake or misidentification of the material are encouraged file a counter-notice with us that includes the following:
a)Your physical or electronic signature;
b) Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
b) A statement by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
c) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the appropriate Canadian legal forum.
10.4 Upon receiving a counter-notice Communote will forward it to the complaining party and tell them we will restore your content within 15 business days. If that party does not respond to such a notice, Communote will consider restoring your user content to the site.
10.5 It is Communote's policy to close the accounts of users we identify as repeatedly infringing copyright. There is no minimum or maximum number of infringments associated with the notion of 'repeatedly,' as used above. The determination as to if and when an account will be closed is entirely dependant on numerous contextual factors, and will fall to the discretion of Communote.
11 Additional Legalities
11.1 All content submitted or posted to Communote, and all actions performed with respect to the Communote website, remain the responsibility of the user. Communote is not civilly liable for any user content or actions that infringe the law or the rights of any person in any way.
11.2 Users agree that Communote, including all associated persons and entities, shall not be held liable for any civil claim, be it contractual or extra-contractual, in relation to the users' dealings with Communote. Communote, including all associated persons and entities, is therefore not responsible for any damages or losses arising from users' dealings with communote.
11.3 Communote disclaims any and all waranties, express or implied, arrising from users' experience with the Communote's services.
11.4 Communote encourages users who have an issue or dispute, to agree to initially raise it and try to resolve it with us informally, by sending a message to [email protected]. In the event of any legal action or application, users agree to engage in mandatory mediation as soon as practicable.
11.5 Any claim or dispute between arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the province of Ontario without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the Superior Court of Ontario or the Federal Court of Canada.
11.7 Should any provision of this user agreement be held invalid or unenforceable in a Canadian court of law, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement, without prejudice to the intent of this entire agreement.
11.8 Communote reserves the right to enforce any right or provision in this user agreement at any future time. Communote's choice to do or not do so is not an expression of its future intent.
11.9 This user agreement is the entire agreement between users and Communote. Communote may modify this user agreement at any time. If changes are made to this agreement, Communote will provide advance notice and keep this edition available as an archive on the communote website. Users who contunue to use communote after such changes are deemed to have agreed to those changes.