2. Municipal Media, the Software and the Services are offered as an independent service and are not affiliated with or endorsed by your local government. Do not contact your local government regarding the Software and the Services as it will be unable to assist you.
Integration with Other Software
4. Our Software may be integrated with other independent third-party software and websites, including but not limited to the use of an “iframe” within a third-party website. This third party software is not under our control, and we are not responsible for and do not endorse the content of such software, including any information or materials contained on or through such software. You will need to exercise your own independent judgment regarding your interaction with this software.
7. If you are the parent or legal guardian of a child under the age of 18, you may use the Software or Services on behalf of such minor child. You represent and warrant that you are the parent or legal guardian of such child.
8. The Software is administered in Canada and intended for users in Canada, the United States, Australia, New Zealand and the United Kingdom; any use outside of these jurisdictions is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Software. Not all Services discussed, referenced, provided, or offered through or on the Software are available to all persons or in all geographic locations, or appropriate or available for use in your jurisdiction. Municipal Media reserves the right to limit the provision of any feature, product, or service to any person or geographic area. Any offer for any feature or Services made on the Software is void where prohibited.
9. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Software is owned and controlled by Municipal Media, and is protected by copyright, and trade-mark laws, and various other intellectual property rights and unfair competition laws. No part of the Software and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, in any way (including “mirroring”) to any other computer, server, Software or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. WITHOUT LIMITING THE FOREGOING PARAGRAPH, MUNICIAL MEDIA SPECIFICALLY CLAIMS COPYRIGHT IN ALL IMAGES AND ARTWORK ACCESSED THROUGH THE SOFTWARE AND YOU ARE PROHIBITED FROM REPRODUCNG THEM IN ANY FORM.
10. Certain features of the Software allow you to upload Content to the Software. You are under no obligation to access these features in order to use the Software. By uploading any Content (“User Generated Content”) to the Software, you agree: (i) to grant to Municipal Media, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your User Generated Content, in whole or in part, on the Software or for any other reason; (ii) to waive all moral rights in and to your User Generated Content in favour of Municipal Media; and (iii) to release and hold harmless Municipal Media and its agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the User Generated Content. For greater certainty and the avoidance of any doubt, Municipal Media reserves the right, in its sole and absolute discretion and at any time, to modify or edit User Generated Content if a complaint is received with respect to the User Generated Content, or for any other reason. If such an action is necessary at any point, then Municipal Media reserves the right, in its sole and absolute discretion, to delete the User Generated Content.
Your Use of the Software
11. You may not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Software or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Software. We reserve the right to bar any such activity.
12. You may not attempt to gain unauthorized access to any portion or feature of the Software by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Software, or any other of our customers, including any Recycle Coach account not owned by you, to its source, or exploit the Software or any service or information made available or offered by or through the Software, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Software.
13. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Software or our systems or networks, or any systems or networks connected to the Software or to us.
14. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Software or any transaction or Service being conducted on the Software, or with any other person’s use of the Software.
15. You may not disguise the origin of any message or transmittal you send to us on or through the Software or any Services offered on or through the Software. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
17. You may not post any content to the Software which is inappropriate, offensive, or untrue. The information that you provide us must be true, correct, accurate, and reliable. You must not, either through any act (including but not limited to posting your personal details on the Software) or omission, mislead, or deceive anyone while using the Software or Services.
18. Although we make best efforts to ensure that the information presented to you through the Software is accurate, we make no guarantees, representations, covenants, promises, or warranties, whether expressed or implied, with respect to the accuracy of any information provided on or through the Software, or with respect to its consistency with waste management and recycling practices of your local government. If you chose to rely on information provided on or through our Software, you do so at your own risk.
20. You are strongly advised to perform your own investigation prior to disposing of Pollutants or other unusual materials the proper method for disposing of such materials.
21. Municipal Media has no control over and cannot guarantee that solid waste or recycling materials will be collected in accordance with information accessed on or through the Software. There may be instances in which information accessed on or through the Software is inaccurate or incomplete due to circumstances beyond our control. We will not be liable for cancelled or otherwise uncollected waste pickups or any injury or Losses (defined below) or financial damages resulting therefrom, or for any other injury or Losses or financial damages resulting from the use of the Software or Services whatsoever.
22. All solid waste and recycling pickup schedules, policies, disposal information, and all other information found on or accessed through the Software are subject to change by Municipal Media without notice to you.
Accounts, Passwords, and Security
23. Certain features or services offered on or through the Software require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately in writing of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Software due to someone else using your Recycle Coach user name, password, or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Recycle Coach user name, password, or account at any time without that person’s express permission.
25. WE DO NOT PROMISE THAT THE SOFTWARE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE WILL PROVIDE SPECIFIC RESULTS. THE SOFTWARE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SOFTWARE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM OR THROUGH THE SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SOFTWARE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SOFTWARE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SOFTWARE, SERVICES, OR ANY CONTENT IS TO STOP USING THE SOFTWARE, SERVICES, OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
26. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Software, or any portion of the Software, for any reason; (2) to modify or change the Software, or any portion of the Software, and any applicable policies or terms; and (3) to interrupt the operation of the Software, or any portion of the Software, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
28. You agree to indemnify and hold us and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, legal and professional advisors, subsidiaries, and affiliates, harmless from any and all direct and indirect demands, losses, liability, claims, or expenses (including legal fees), (collectively, “Losses”) made against us by any third party due to or arising out of or in connection with, directly or indirectly, your use of the Software.
31. We may, in our sole discretion and without prior notice to you, terminate your access to the Software, for cause, including, but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Software or any Services offered on or through the Software, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Municipal Media shall be free to use such information on an unrestricted basis.
The information contained in this Software is subject to change without notice.
Copyright © 2015 Municipal Media Inc. All rights reserved.