Halifax’s Curbside Give Away Weekend (“Event”) is held twice per year, in June and October. Further information on the Event and how to participate in it can be obtained at http://www.halifax.ca/curbside.
Halifax Regional Municipality has developed an interactive map, powered by Esri technology, (the “Application”) to encourage and enhance participation in the Event. This Application allows you to post descriptions and photos of free items you have placed by the curb. Once an item is taken, you should delete your post so that others don’t come looking for the item. You can access the Application by following the links at http://www.halifax.ca/curbside
The following terms and conditions (“Terms”) govern your access to and use of and any information, data, text, graphics, photos or other materials uploaded, downloaded or appearing on the Application (collectively referred to as “Content”). Your access to and use of the Application are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Application you agree to be bound by these Terms.
1. Content License
When you send, submit, post or display any Content to, on or through the Application, you retain copyright and any other rights you already hold in such Content.
By sending, submitting, posting or displaying any Content to, on or through the Application, you grant Halifax Regional Municipality a perpetual, irrevocable worldwide, royalty-free, non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. You confirm and warrant that you have all the rights, power and authority necessary to grant the above licence.
2. Responsibility for Content
You understand that all Content sent, submitted, posted or displayed by you is your sole responsibility. You are required to ensure that all such Content:
- is related solely to the Event;
- is accurate;
- is not violent, pornographic, obscene, illegal, or otherwise inappropriate in nature;
- does not bully, intimidate, threat or harass any person or promote discrimination or hatred towards any person or group;
- does not contain any “personal information” as defined by Part XX of the Municipal Government Act (NS), including names or photographs of individuals;
- is not invasive of another person’s privacy;
- does not include false, misleading, defamatory or libelous information;
- does not infringe or violate anyone’s proprietary or intellectual property rights;
- does not violate any applicable laws;
- does not contain spam, chain letters or pyramid schemes; and
- does not contain or distribute any viruses or malicious code.
Halifax Regional Municipality does not control the Content posted to, on or through the Application and, as such, does not support, represent or guarantee the completeness, truthfulness, accuracy, integrity, quality or reliability of any Content. Without limiting the foregoing, Content posted by a user describing an item does not mean that the item will necessarily be available to be picked up. You therefore agree that you will not hold Halifax Regional Municipality responsible or liable for any inaccuracies, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content obtained through the Application.
3. Right to Preserve and Disclose Content
You acknowledge and provide your consent that Halifax Regional Municipality will retain Content sent, submitted, posted or displayed to, on or through the Application, and may access, preserve and disclose such Content if required to do so by law or if Halifax Regional Municipality believes that such access, preservation and/or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests; or
- protect the rights, property, or personal safety or security of any entity or person.
4. Right to Remove Content
You acknowledge that Halifax Regional Municipality does not pre-screen Content, but that Halifax Regional Municipality has the right (but not the obligation) to refuse or remove any Content from the Application that violates these Terms or is otherwise inappropriate or objectionable (as determined by Halifax Regional Municipality in its sole discretion).
If you notice Content on the Application that you believe violates these Terms or is otherwise inappropriate or objectionable, please contact Halifax Regional Municipality by calling 311 or emailing email@example.com.
5. Using the Application
You agree that you will not:
- send, submit, post or display any Content to, on or through the Application other than in accordance with these Terms;
- copy, modify, create derivative works from, distribute or publicly display any Content that you obtain from the Application without prior written consent;
- take any action that imposes or may impose an unreasonable or disproportionately large load on the Application;
- interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application; or
- manipulate identifiers (including IP addresses) in order to disguise the origin of any Content posted to, on or through the Application.
6. Termination of Use
Without limiting other remedies, Halifax Regional Municipality may, in its sole discretion and without notice, temporarily or permanently discontinue the availability of the Application, and/or limit, suspend, or prohibit access to the Application for any reason whatsoever. Without limiting the foregoing, Halifax Regional Municipality may take technical and legal steps to keep users off the Application for any reason, including:
- if Halifax Regional Municipality believes that a user has violated or acted inconsistently with the letter or spirit of these Terms;
- if a request is received from law enforcement or other government agencies;
- if the Application is discontinued or materially modified by Halifax Regional Municipality; or
- if routine or unexpected maintenance is required for technical or security purposes.
7. Proprietary Rights
You acknowledge that all right, title and interest in and to the Application (excluding Content provided by you and other users), including any intellectual property rights which subsist in the Application, are and will remain the exclusive property of Halifax Regional Municipality and its licensors.
Halifax Regional Municipality gives you a personal, revocable, worldwide, royalty-free, non-assignable, non-exclusive licence to use the Application. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Application as provided by Halifax Regional Municipality, in the manner permitted by these Terms.
Nothing in these Terms gives you a right to use the Halifax Regional Municipality name or any of the trademarks, logos, domain names and other distinctive brands associated with Halifax Regional Municipality or the Application.
Any feedback, comments or suggestions you may provide regarding the Application are entirely voluntary and Halifax Regional Municipality will be free to use such feedback, comments or suggestions as it sees fit and without any compensation or other obligation to you.
Your use of the Application is subject to Halifax Regional Municipality’s Website Privacy Statement, a copy of which can be found at https://www.halifax.ca/home/terms/privacy .
9. Disclaimer of Warranties and Liabilities
Your access to and use of the Application or any Content provided by other users is at your own risk. You understand and agree that the Application is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, HALIFAX REGIONAL MUNICIPALITY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Halifax Regional Municipality make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Application or any user Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to, use of, or reliance upon the Application or any user Content; (iii) the deletion of, or the failure to store or display any submitted Content; and (iv) whether the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Halifax Regional Municipality or through the Application, will create any warranty not expressly made herein.
10. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALIFAX REGIONAL MUNICIPALITY, ITS councillors, officers, directors, employees, agents, representatives, partners, and licensors SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HALIFAX REGIONAL MUNICIPALITY, ITS councillors, officers, directors, employees, agents, representatives, partners, and licensors EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS REFERENCED HEREIN SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HALIFAX REGIONAL MUNICIPALITY, ITS COUNCILLORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless Halifax Regional Municipality, its councillors, officers, directors, employees, agents, representatives, partners and licensors from and against all claims or demands made by any third-party due to or arising out of (i) any Content sent, submitted, posted or displayed by you to, on or through the Application; (ii) your breach or violation of these Terms; (iii) your use of the Application; or (iv) your violation of any law or the rights of a third-party.
12. Law and Forum for Disputes
The laws of the Province of Nova Scotia shall apply to the interpretation of these Terms, notwithstanding any conflicts of laws provisions. All proceedings relating to the Application or these Terms shall be brought before the courts of the Province of Nova Scotia.
13. Entire Agreement
These Terms represent the entire and exclusive agreement between Halifax Regional Municipality and you regarding the Application and your use of the Application. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
Halifax Regional Municipality may make changes to these Terms from time to time, without notice, at its sole discretion. It is your responsibility to read, understand and accept the Terms each time that you access the Application.