By submitting any content to Bell MTS, you represent and warrant that:
- you are at least 13 years old and have permission of a parent/guardian to post in the Forums;
- you are, or have first obtained permission from, the sole author and owner of any intellectual property rights that you may be submitting;
- the information that you have provided to us and all content that you post is true and accurate;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- you have created only one user name to represent yourself; and
- use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content that:
- includes any personal information such as addresses, email addresses, phone numbers, other contact information or other personally identifiable information;
- is threatening, intimidating, abusive or harassing to any individual, organization, partnership or corporation;
- is, or may reasonably be considered to be, obscene, profane, pornographic, defamatory, libelous or otherwise offensive or objectionable;
- unlawfully promotes or incites hatred;
- violates any law, statute, ordinance or regulation;
- contains prices, advertisements, solicitations for goods or services or references to other products, offers, websites or competitors;
- contains links to irrelevant websites;
- describes how to violate policies or terms;
- contains reference to any ongoing financial or legal matter;
- contains unconstructive criticism, spiteful comments or an excessive number of comments about other posts on this website or their authors;
- relates to hacking and/or “rooting” a wireless phone from any carrier;
- infringes or violates the privacy rights or intellectual property rights of others;
- contains reference to any moderator or community manager actions, including the reposting of all or any part of a private conversation with a moderator or community manager or of a communication with any Bell MTS employee;
- is known by you to be false, fraudulent, deceptive, inaccurate or misleading;
- you were compensated or granted any consideration for by any third party;
- contains any “spam” content, computer viruses, worms or other potentially damaging computer programs or files; or
- you have submitted multiple times or appears the same as any of your past postings.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Bell MTS, its licensors, suppliers, service providers and agents (and each of their respective directors, officers, employees, shareholders and representatives) from and against all claims, losses, damages, costs and expenses (including, without limitation, all reasonable legal fees and other litigation expenses) arising out of: (i) your breach of any provision of these Terms; or (ii) your use or misuse of the Forums and the placement or transmission of your submissions to this website made by you or others using your account. Bell MTS may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
You further acknowledge and agree that, by participating in the Forum (which includes submitting any ideas), you hereby grant and assign Bell MTS a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, transferable, fully-paid up and royalty free license to use (i) any ideas, expression of ideas or other materials you submit to the Forum (collectively, the “Ideas”), and (ii) any and all intellectual property rights you have that cover or are in any way related to the Ideas, whether in patent, copyright, trademark, trade secret, or any other proprietary right, in each case without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party (the “Licence”). You further waive any and all moral rights you may have in such Ideas.
This Licence includes, without limitation, the right for Bell MTS to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and sub-licence the Ideas, with all rights therein in the name of Bell MTS or as otherwise determined by Bell MTS, in its sole discretion, throughout the universe in perpetuity in any and all media now or hereafter known.
This Licence further includes the right to, directly or indirectly (including through multiple layers of persons/entities), make, have made, use (including by Bell MTS customers), sell, offer for sale, import, distribute, and otherwise dispose of any product or service that includes and/or incorporates any ideas, inventions, embodiments, or other concepts that form part of the Ideas, and use any and all intellectual property rights you have related to such Ideas. The Licence also permits Bell MTS to use the Ideas (including portions thereof), re-record or modify any audio tracks or visual images you provide, rewrite any Ideas you submit, and/or incorporate other materials, either created by Bell MTS or any third party, with the Ideas you submit. Any such works shall be owned outright by Bell MTS and shall not be subject to your approval or payment by Bell MTS of any compensation to you.
All content that you submit may be used at Bell MTS’s sole discretion. You acknowledge and agree that any content that you submit and your user name will be treated as non-confidential and non-proprietary. We may access or preserve your submissions to comply with legal processes in Canada or foreign jurisdictions, ensure compliance with these Terms, or protect ourselves, our customers or the public. Bell MTS does not guarantee that you will have any recourse to edit or delete any content you have submitted. Bell MTS may, at any time, without notice or liability to you, remove or refuse to post any submission, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, these Terms or any other Conditions. You acknowledge that you, not Bell MTS, are responsible for the content of your submissions and will be liable for any loss or damage resulting, directly or indirectly, therefrom.
These Terms are governed exclusively by the laws of the province of Manitoba and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. As the Forum can be accessed by any Canadian province or territory, as well as anywhere else in the world, by submitting to the Forums, you agree that all matters relating to access to, or use of, the Forums, shall be governed by the applicable laws of the Province of Manitoba and of Canada, without regard to the conflicts of laws principals thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Manitoba or, where applicable, the Federal Court of Canada in connection with any dispute or claim involving you, Bell MTS, or the Forums. You hereby acknowledge that you do so voluntarily and are responsible for complying with local laws.
The Conditions constitute the entire agreement between Bell MTS and you with respect to your use of the Forums. No waiver by either Bell MTS or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.