Effective: JANUARY 15, 2015

 

WHO CAN USE OUR SITE

MaraFun has been developed for kids and families who want to get active!  You must be 18 years of age, or if you are under 18, have legal parental or guardian (for short, “Parent”) consent to be, and continue to be, a Visitor or Child Member on the Site.  Parents may only register their own child(ren). All Members affirm that they have read and accepted this Agreement and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

 

CONTENT ON THE SITE

In these Terms of Use, we use the word “Content” to mean pretty much everything that you can see or hear on the website. Legally speaking, Content means any and all personal activity accounts, text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, testimonials and other creative output, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively “Distribute”) on or through the website, including by us, you and other Users.

 

YOUR ACCESS TO CONTENT

When you use the website you may have access to Content, and this Content may be provided under license by independent content providers, and/or contributions from other Members. We do not generally pre-screen Content.

If it’s not your Content, it’s not your Content. MaraFun, its licensors, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions. Except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the website or a given Service. If you use Content in a manner that is not authorized by us, you will be legally responsible for any liability in incur in violating others’ rights.

If it is your Content, then we don’t claim it as Ours. You still retain copyright and other intellectual property rights you had – assuming you have them legally. We do require a license, however, to your Content, so that we can retain it on the website.

 

LICENSE GRANT

Here’s the license: You agree that by submitting your Content to any area of the website and to any Service, you automatically grant (and you represent and warrant that you have the right to grant) to us: (a) a royalty-free, worldwide, non-exclusive, sublicensable right and license for the term of the copyright to (i) reproduce, display, create derivate works from and distribute your Content within the Site and affiliated websites as permitted by you through your interactions on and through the Site, and (ii) reproduce, display, create derivate works from and distribute (and to authorize third parties to reproduce, display, create derivate works from and distribute) any of your Content in any or all media for marketing and/or promotional purposes in connection with the website, in any media now known or not currently known.

 

In the event that your Content appears publicly in material under our control, and you provide written notice to MaraFun Canada of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow us, in our sole discretion, to identify the relevant Content and materials), we will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although we cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the right to delete any or all of your Content from our servers and from the website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, non-exclusive, sublicensable right and license to copy, distribute, display, create derivate works from and analyze any of your Content as we may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the website.

 

Further, you agree to grant to us a royalty-free, worldwide, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known. You further understand and agree that: (i) you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are responsible for, and we will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the website, including without limitation any legal consequences relating to your intellectual property rights; and (iii) our acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of our intention not to require users of the website to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Site, you do not own the Membership you use to access the website, nor do you own any data we store on our servers (including without limitation any data representing or embodying any or all of your Content).

 

WHAT YOU MAY NOT DO

There are lots of things we don’t want you to do with the Content. Here’s the legal lowdown: Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the website, not even as part of a derivative work, except that where the website is configured to enable the download of particular Content, you may be permitted to download one copy of such Content for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the website or the Content, in whole or in part; and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the website is prohibited and shall be considered a violation of these Terms of Use.

 

COMPANY MANNERS

PLAY NICE. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that we deem harmful. These rules apply to all Users, including Visitors and Members. The gist of our guidelines are fairly easy: Be respectful. Don’t Steal. Don’t harass others. Don’t hack us. Don’t do things that you’re not supposed to do on here. That’s it, really. And if you violate our rules, we reserve the right to remove you from our website.

 

We live in a legal world, so to be clearer, we’ve included a longer list of activities you can’t do. Also, we must advise that we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the website and terminating the Membership of such violators and others acting in concert. You agree that you shall not:

  • Take any action or upload Content that infringes or violates any third party rights
  • Impersonate any person or entity without their consent, including, but not limited to, a MaraFun Canada employee, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Make unauthorized use of any of our trademarks or service marks
  • Take any action or upload Content that violates any law or regulation
  • Take any action or upload Content as determined by us, in our sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
  • Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the website, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes
  • Take any actions or upload Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Take any action or upload Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload any unsolicited or unauthorized advertising, or promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that we consider in its sole discretion to be of such nature, including any Content that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations)
  • Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website
  • Attempt to gain access to any other Member’s Membership account or password; or “Stalk,” “bully,” abuse or attempt to abuse, or otherwise harass another User. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
  • Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify
  • Engage in, attempt to engage in, or encourage or advocate any illegal behavior or criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity. We do not assure that others on the website are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you assume all risk of harm or injury resulting from any such lack of compliance

KEEPING IT CLEAN

We don’t generally monitor Content that is posted to the site by Members, but if we are notified about Content we find objectionable or that does not pass muster under our Company Manners rules we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate and/or to remove any Content from the website that we reasonably believe violates this Agreement or the spirit of this Agreement and (b) to the extent we are able to do so under applicable law, identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, conducting age and identity verification activities on the website or ensuring compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct), and/or protect the safety or security of any person or property, including the website. Moreover, we retain all rights to remove Content at any time for any reason or no reason whatsoever.

 

LIMITATION OF LIABILITY

As a condition of access to our website, you release MaraFun Canada (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the website. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the website, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the website and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the website but will have no bearing on any real-world legal disputes in which Users of the website may become involved; and (d) you hereby release MaraFun Canada (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the website.

 

NO TRANSFER OF MEMBERSHIP

Each Child Membership is unique. You may not assign or transfer your child’s Membership without our prior written consent. Please be aware, however, that all or any of our rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the website in a merger, acquisition or sale of all or substantially all of MaraFun Canada’s assets.

 

GOVERNING LAW

This Agreement and the relationship between you and MaraFun Canada shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Websites, the Information, the Additional Terms or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Websites, the Information, the Additional Terms or the Terms.

 

INDEMNIFICATION

At our request, you agree to defend, indemnify and hold harmless MaraFun Canada, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the website, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the website.