AOA Canada Terms and Conditions of Use for the AOA Canada Web Site
Last revised: 17 September, 2012
YOUR USE OF THIS WEB SITE AND ITS SUB-DOMAINS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
AOA Canada (“we,” “us”) provides this website (the “Site”) and permits your use solely under the following terms and conditions. By using the Site, you agree to be bound by these terms and conditions.
This Agreement is made between the AOA Canada and you, the user (“you”). We reserve the right at any time to change the terms and conditions of this Agreement and change the Site, including eliminating or discontinuing any content on or feature of the Site. Any changes we make will be effective upon posting of the modified Agreement on the Site. Your use of the Site after such notice will be deemed conclusive acceptance of such changes.
You must be a member of the AOA Canada or a visitor authorised by us and be granted by us a current user id and password specific to yourself to use the Site. Any unauthorised use is strictly prohibited and may be subject to any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, pursuit of any of our rights or remedies through civil proceedings or disclosing any information necessary or appropriate to such persons or entities, or for use in civil proceedings, as we consider appropriate including but not limited to user profiles, membership information, e-mail addresses, IP addresses, network and TCP/IP data, unique hardware or software identifiers, usage history, keystroke history, personal information collected in “cookies” or otherwise, posted materials or traffic information.
WITHOUT LIMITING THE ABOVE, UNDER NO CONDITION IS DISCLOSURE OF SITE CONTENT OR USERID OR PASSWORDS TO, OR OTHER USE OR MONITORING BY, CATHAY PACIFIC AIRWAYS/VETA/USAB MANAGEMENT, EMPLOYEES, AGENTS, CONSULTANTS, OR MEMBERS OF OTHER UNIONS AND ORGANIZATIONS, UNLESS THEY ARE MEMBERS OF THE AOA Canada, PERMITTED WITHOUT THE PRIOR WRITTEN CONSENT OF THE AOA Canada. YOU ACKNOWLEDGE THAT ALL SITE CONTENT IS PRIVATE AND CONFIDENTIAL TO THE AOA Canada AND ITS MEMBERS UNLESS PREVIOUSLY RELEASED INTO THE PUBLIC DOMAIN BY THE AOA Canada AND SHALL NOT BE DISCLOSED BY YOU SAVE AS REQUIRED BY LAW.
PORTIONS OF THIS SITE MAY BE PROTECTED BY LEGAL PRIVILEGE AND THIS PRIVILEGE IS NOT WAIVED BY THE AOA Canada MERELY BY POSTING THE CONTENTS OF THIS LEGAL ADVICE TO ITS MEMBERS ON THIS SITE. IF YOU ARE NOT THE INTENDED RECIPIENT YOU SHOULD NOT ACCESS THIS SITE.
Privacy. Our policy with respect to the collection and use of your personal information is set out in our Privacy Policy . You represent that you have read and agree to be bound by this Agreement and the Privacy Policy.
Code of Conduct. While using the Site you agree not to:
1. Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or “cracking” or any actions which would lead to a denial of service, or defacing any portion of the Site;
2. Use the Site for any unlawful purpose;
3. Express or imply that any statements you make are endorsed by us, without our prior written consent;
4. Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
5. Engage in spamming or flooding;
6. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
7. Disclose, modify, copy, sell, reverse engineer, or disassemble any portion of the Site;
8. Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
9. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
10. Harvest or collect information about Site visitors or members without their express consent; or
11. Permit anyone else to use or view the Site through your username or password or otherwise.
While using the Site you agree to comply with all applicable laws, rules and regulations.
Registration for the Site. To have access to the Site, you must be a member of the AOA Canada. As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or permit access to the Site to any third party. You shall not permit members of other trade unions, your employer, or its agents, officers or employees (“Cathay/Veta/USAB”), access to your username or password or permit members of other trade unions, Cathay/Veta/USAB to view the Site during your access of the Site. If you suspect that your account is no longer secure or there is unauthorised use of your account, you must promptly change your password, and immediately notify us by email at office@aoacanada.ca
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ACCESS DURING EACH SESSION YOU ACCESS THE SITE AS WELL AS FOR ANY AND ALL ACTIVITY THAT IS CONDUCTED THROUGH YOUR ACCOUNT.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. AOA Canada may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement.
Submissions and Postings. By sending or transmitting to us postings, suggestions, ideas, notes, concepts, information, opinion, rumour or other materials (collectively, “Materials”), or by posting such Materials to any area of the Site, you grant us and our designees a worldwide, non-exclusive, irrevocable right to use, reproduce, distribute, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, without compensation. None of the Materials disclosed in Message Boards or other forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. Our Message Boards may also be subject to terms and conditions established by the message board moderator from time to time.
People may post messages or make statements in their postings that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in the Site by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we or our or agents be liable for any loss or damage caused by your reliance on information obtained on the Site (whether originating from members postings or otherwise).
The opinions expressed in the Site are solely the opinions of the participants, and do not necessarily reflect the opinions of the AOA Canada. We have no obligation to monitor the Materials. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Materials you transmit or post, to alter or remove any such Materials and to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves and our members or to comply with legal obligations or governmental requests.
Claims of Copyright Infringement. If you believe in good faith that materials hosted by AOA Canada infringe your copyright you may send us a notice requesting that the material be removed, or access to it blocked.
Ownership and Restrictions on Use. ©1997-2012 AOA Canada. All Rights Reserved. You may only access and use the materials on the Sites solely for your personal use. You may not republish, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
The contents of the Site, including, but not limited to the Materials, text, photographs, graphics, video and audio content (the “Content”) is protected by copyright as a collective work or compilation under the copyright laws of the Canada and other countries, and owned or controlled by AOA Canada or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained on the Site.
You represent that no materials of any kind submitted through your account will infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
You acknowledge and agree that AOA Canada and its information providers, licensors and Licensees would suffer irreparable harm, not compensable with money damages if you infringe on copyrights to the Content, and you irrevocably consent to the grant of injunctive relief to enforce such rights. Such remedy shall be in addition to all other remedies available at law or equity.
Links to Other Websites. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites. We shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. THE SITE IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AOA Canada DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. AOA Canada DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF AOA Canada, ITS MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorised alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness.
Limitation of Liability. AOA Canada IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO AOA Canada FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE AOA Canada, IF ANY, TO ACCESS THE SITE.
Indemnification. You agree to indemnify, defend and hold us, our officers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of Canada, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of Canada and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.