Terms of Use

Welcome to www.humber.ca. The Humber site ("site") includes all digital properties operated by Faculty and staff on behalf of Humber College Institute of Technology & Advanced Learning (Humber).

These Terms of Use apply to all visitors to and users of the site, including any mobile version. By accessing or using the site, you signify that you have read, understand and agree to be bound by these Terms of Use. You also agree to be bound by these Terms of Use, if you post humber.ca links on your site.

Humber reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time. Your continued use of the service or the site after any such changes are posted constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

Disclaimers

Humber strives to ensure that information on its website is accurate and current. However, the information is subject to change from time to time, without notice, as deemed appropriate by the College. The site and the content are provided on an "as is, as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, non-infringement or third party rights and fitness for a particular purposes, and any warranties that access to the site is uninterrupted or error free, that the site is free of viruses or other harmful material or that information on the site is complete, accurate or timely. You use the site at your own risk. Humber does not accept any liability for the consequences of inaccurate or incomplete information on the site. If visitors to the site are in doubt on any details they should contact the College. Humber is not responsible for any technical malfunction or other problems of any communications network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or email including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials.

All messages and comments posted in forums express the views of the author and Humber will not be held responsible for the content of any message. Although Humber provides rules for user conduct, it does not control, is not responsible for what users may post, transmit or share on the site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site. Humber is not responsible for the conduct, whether online or offline, of any user of the site.

User Conduct

The site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, and without limitation, you agree not to use the service or the site to:

• harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications
• solicit other users to join or become members of any commercial online service or other organization without Humber’s prior written approval
• use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, family or colleagues, (ii) are taken by your friends, family or colleagues, or (iii) are original art or animation created by you or your friends, family or colleagues
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any municipal, provincial, federal or international law
• upload, post, transmit, share, store or otherwise make available content that, in its sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose us or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), forum messages and comments, notes, text, information, music, video, listings, and other content that you upload, publish or display on the site, or transmit to or share with other users. You may not post, transmit, or share user content on the site that you did not create or that you do not have permission to post.

Humber reserves the right to review the site and may edit, delete or remove (without notice) any content or user content in its sole discretion, at any time and for any reason or no reason, including content that in its sole judgment violates these Terms of Use or Privacy Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

By posting user content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to the College an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose. You waive any and all claims you may now or later have in any jurisdiction to "moral rights" or equivalent rights of authorship with respect to the user content. You may remove your user content from the site at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that Humber may retain archived copies of your user content.

Monitoring

Humber has the right to monitor the site and to disclose any information as required by law, regulation or any other governmental order, to operate the site or any of the services provided or to protect itself or its website users in accordance with its legal obligations.

Mobile Services

By using the mobile services, you agree that the College may communicate with you regarding humber.ca and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to Humber.

Third Party Websites and Content

The site contains (or you may be sent through the sites) links to other websites ("third party sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such third party content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by the College, and Humber is not responsible for any third party sites accessed through the sites or any third party content posted on, available through or installed from the sites. Inclusion of, linking to or permitting the use or installation of any third party sites or any third party content does not imply approval or endorsement by Humber.

Proprietary Rights in Site Content; Limited License

All content on the site and available through the service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the property of Humber, its users or its licensors with all rights reserved. You are granted a limited license to access and use the site and the site's content and to download or print a copy of any portion of the site's content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Trademarks

Humber, humber.ca, and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress in Canada and/or other countries. Humber’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without its prior written permission.

Termination

Humber reserves the right, at its sole discretion, to limit or terminate access to the site, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the site (or any portion, aspect or feature of the site) for any reason, or no reason, at any time in its sole discretion, with or without notice.

Indemnity

You agree to indemnify and hold Humber, its subsidiaries and affiliates, and each of their directors, officers, contractors, partners and employees, 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 any user content you post or share on or through the site, your use of the site, any loss or damage to any user content or personal injury or death, resulting from anyone's use of the site, any user content or third party content posted on or through the site or transmitted to users, or any interactions between users of the site(whether online or offline), your conduct in connection with the site or with other users of the site, or any violation of this Agreement or of any law or the rights of any third party.

Limitation of Liability

Humber will not be liable to you for any damages, harm or injury whatsoever including without limitation direct, indirect, incidental, special, consequential or punitive damages, lost profits, damages resulting from lost data or business interruption, arising from or relating to the use of or inability to use the site, whether based on warranty, contract, tort or other legal theory, regardless of whether any of Humber has been negligent or advised of the possibility of such damages.

Governing Law

The Terms of Use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Other

Humber’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.