Project Metropolis Terms of Service

Last Update: 9/14/2021

Important notice: These terms outline important legal obligations and may affect your legal rights. Please read carefully.

Introduction & Accepting the Terms

Project Metropolis provides an online website (the “Site”), mobile application (the “App”), and other internet related services (collectively, the “Service(s)”) for William Lyon Mackenzie Collegiate Institute (the “School”) as utilities and communication of important information for educational purposes. The Service is operated by Project Metropolis (the “we” or “us”) for staff, students, and related persons of the School exclusively - the users of the Services (“you”).

These Terms of Service (“Terms”), which include and hereby incorporate the privacy policy at https://maclyonsden.com/privacy (“Privacy Policy”), are a legal agreement between Project Metropolis and you. By using or accessing any of the Services, you agree (i) that you are 13 years of age, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

We reserve the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Services. If the changes affect your usage of the Services or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.

Rights to Use the Service

The Service provides a school information communication platform. The Service may allow you to utilize announcements or other features to communicate with other users of the Service. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the permissions and rights expressly granted in these Terms.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We reserve the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that we need not provide you notice before terminating or suspending your Account(s), but we may do so.

Your Account

You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a valid School email address, a username, a password, and your name. You may also be required to provide a graduation year or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You will ensure that your e-mail address is kept accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Communications

You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

You may use the Service to send information to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please contact us using methods listed on the Site.

Intellectual Property Rights

All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between Project Metropolis and you, owned by us and/or our third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by us, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by us and our licensors, and no license is granted hereunder by estoppel, implication or otherwise.

Your Content

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without us incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and we are not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. We do not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. We reserve the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify us of any user content that you believe violates these Terms, or other inappropriate user behavior, by contacting us using methods listed on the Site.

Rules of Conduct and Usage

The Service provides communication features designed to enable you to communicate with other Service users. We have no obligation to monitor these communication channels but it may do so in connection with providing the Service. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. We will not under any circumstances be liable for any activity within Communication Channels. We are not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:

post, upload, transmit or otherwise disseminate information that is objectionable as per discretion of administration;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
engage in conduct that is fraudulent or illegal or otherwise harmful to Project Metropolis or any other user;
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
attempt to obtain passwords or other private information from other members;
improperly use support channels or complaint buttons to make false reports to us;
develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or
exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

Feedback

We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Project Metropolis and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

All rights in this section are granted without the need for additional compensation of any sort to you.

Third-Party Content

We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.

User Disputes

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Project Metropolis hereby disclaims any and all liability to you or any third party relating to your use of the Service. We reserve the right, but have no obligation, to manage disputes between you and other users of the Service.

Copyright

Project Metropolis respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us through the method listed on the Site. To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.

If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to us:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Canada and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Termination

You may terminate your Account at any time and for any reason by requesting an account deletion through contact methods listed on the Site. We may terminate your Account and your access to the Service (or, at our sole option, applicable portions of the Service) at any time and for any reason. We are not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith and we are under no obligation to compensate you for any such loss.

Disclaimer of Warranty

The services and the service materials are provided "As is" and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the services is at your sole risk. In addition, while Project Metropolis attempts to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure or error-free or that the services will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.

Limitation of Liability

To the maximum extent permitted by law, in no event will Project Metropolis, be liable to you or to any third person for any consequential, incidental, special, punitive or other indirect damages, including any lost profits or lost data, arising from your use of the service or other materials on, accessed through or downloaded from the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Project Metropolis has been advised of the possibility of these damages. Project Metropolis shall not be liable to you for more than the greater of (a) the amount you have paid to us in accordance with these terms in the three (3) months immediately preceding the date on which you first assert a claim or (b) $100. The limitations and disclaimers in these terms do not purport to limit liability or alter rights that cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above disclaimers and limitations may not apply to you. In these jurisdictions, Project Metropolis’ liability will be limited to the greatest extent permitted by law.

You specifically acknowledge that Project Metropolis shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnification

You agree to indemnify and hold Project Metropolis, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password

iOS Applications

The following additional terms and conditions apply with respect to any App that Project Metropolis provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Project Metropolis only, and not with Apple, Inc. (“Apple”).
Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
Project Metropolis, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Project Metropolis, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
You agree that Project Metropolis, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

General

Governing Law: By visiting or using the Service, you agree that the laws of Canada and the Province of Ontario, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Project Metropolis.

Any claim or dispute between you and Project Metropolis that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Ontario, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Ontario.

Injunctive and Other Equitable Relief: You acknowledge that the rights granted and obligations made to Project Metropolis under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Project Metropolis for which remedies at law are inadequate. Project Metropolis shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Entire Agreement: These Terms constitute the entire agreement between you and Project Metropolis with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Project Metropolis. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

Waiver: The failure of Project Metropolis to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and 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.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Course of Conduct/Trade Practice: Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Assignment: These Terms may not be assigned by you without Project Metropolis' prior written consent, but are freely assignable by Project Metropolis. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.

Documentation of Compliance: Upon Project Metropolis’ request, you will furnish Project Metropolis with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

Interpretation: You agree that these Terms will not be construed against Project Metropolis by virtue of having drafted them.

Defenses Based on Electronic Form of These Terms: You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Survival: You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.

Contact: If you have any questions about these Terms, please contact us using the methods provided on the Site.