MANITOBA FOTO FRIENDS
Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

By using this Site, you are deemed to have agreed to these terms and conditions of use (“Terms of Use”), without limitation or qualification. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use this Site.

Scope of Terms and Conditions

These Terms of Use apply to your use of all of the sites and services owned or operated by Manitoba Foto Friends ("MFF"), including and any other site that we may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these Terms of Use include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.
Use of the Sites is subject to compliance with these Terms of Use. You acknowledge and agree that we may terminate your access to the Sites should you fail to comply with these Terms of Use or any other terms, conditions, guidelines or rules published by us. Any such termination shall be at our discretion and may occur without notice.

Registration

Certain sections of the Sites require you to register. Each registration is for a single person only, unless specifically designated otherwise on the registration page. MFF does not permit any other person to use the registered sections under your name or access through a single name being made available to multiple users on a network. As of July 1, 2014, if you continue your membership with the Manitoba Foto Friends, you consent to receive emails from us at the address you used when you registered.

Site Conduct

Upon registering, you will receive a member ID and password, and you are responsible for keeping them confidential. You will be responsible for all activities that occur under your password or ID.
You agree that you will not:

  1. (i) harass, threaten, abuse or defame any other person.
  2. (ii) transmit or post links to any Content that is offensive, discriminating, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene or racially, sexually, ethnically or otherwise objectionable.
  3. (iii) impersonate any person or entity, including any Sites officials, employees or host.
  4. (iv) upload, post, email or otherwise transmit or post links to any Content that you do not have a right to transmit or that infringes any patent, trademark, copyright or any other proprietary rights of any party.
  5. (v) upload, post, email, transmit or post links to any material that contains software viruses, worms, Trojan horses, or any other type of computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Sites.

Your Content on Our Sites

You acknowledge and agree that all information, data, text, photographs, pictures, graphics, artwork, video, chat, messages, files or other materials (“Content”), are your sole responsibility, whether privately transmitted or posted publicly.
You represent and warrant that you have cleared all photographs, including consents from the subjects (model releases) of photographs where required by law in such category prior to linking or uploading. MFF reserves the right to delete any threads it deems inappropriate.

Liability Release

In the event that you have any right, claim or action against any other person arising from that person’s use of the Sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you hereby release MFF, our subsidiaries, affiliates, officers, directors, agents and employees, from any and all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such rights, claim or action.

Links

These terms and conditions apply only to our Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.

Third Party Content

Third party content may appear on the Sites or may be accessible via links from our Sites. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Sites. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect our belief. If you believe the third party content to be defamatory, libelous, obscene, pornographic or profane, please advise us.

Copyright

We respect the intellectual property rights of others, and require that the people who use the Sites do the same. In appropriate circumstances, we will terminate the registration of any user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.

Chat Rooms

We may, but we are not obligated to, monitor or review any areas on the Sites where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of such communications. However, we have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, and profanity or otherwise.

Disclaimers

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION OBTAINED ON OR ACCESSIBLE THROUGH OUR SITES.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.
Communication with You
You consent to receive communications from us concerning your use of the Sites (the “Communications”). Communications may be those that we are required to send to you by law or they may be Communications we wish to send you regarding information about our Sites or our Members. You consent to receive these Communications electronically.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. We have the right to seek all remedies available at law and in equity for violations of these Terms of Use.

Jurisdictional Issues

We control and operate our Sites from our offices in Canada. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be construed and governed in accordance with the laws of the Province of Manitoba. Venue for any action arising out of and permitted by these Terms of Use shall be Winnipeg, Manitoba, Canada and by using our Sites you attorn to the exclusive jurisdiction of the courts of the Province of Manitoba.

MANITOBA FOTO FRIENDS ACTIVITY DISCLAIMER

Participation

Manitoba Foto Friends is a not for profit networking group. Each person is participating of their own will; you and you alone are responsible for your safety and that of your equipment. Please act accordingly to ensure all activities are safe and fun for everyone. Additionally, Manitoba Foto Friends and/or any person who has planned, offered, organized or invited others to join then for an activity do not assume responsibility for injury or death, loss or damage of any equipment, vehicle or property damage at any time before, during, or after activities. Participation in activities is voluntary and you do so at your own risk. Your participation in any event posted on the Manitoba Foto Friends website is acknowledgment that you have read, understand and agree to the above.

(You may be asked to sign off on this disclaimer before participating for some activities.)


Photography at Events

There is a possibility that someone may photograph you during an event. By participating in Manitoba Foto Friends' events and activities, you understand and agree to have your picture taken and also understand that members may share your photograph with others online. If you do not wish to have your picture taken, please refrain from attending events.