By submitting any content to Fido, you represent and warrant that:
You further agree and warrant that you shall not submit any content that:
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Fido, its licensors, suppliers, service providers and agents (and each of their respective directors, officers, employees, shareholders and representatives) from and against all claims, losses, damages, costs and expenses (including, without limitation, all reasonable legal fees and other litigation expenses) arising out of: (i) your breach of any provision of these Terms; or (ii) your use or misuse of the Forums and the placement or transmission of your submissions to this website made by you or others using your account. Fido may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
For any content that you submit, you hereby grant to Fido a world-wide, non-exclusive, perpetual, irrevocable, fully sub-licensable, royalty-free and transferable right and licence to use, reproduce, copy, modify, compress, delete in its entirety, adapt, publish, translate, communicate, publicly perform, publicly display, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology now known or later developed without compensation to you.
All content that you submit may be used at Fido’s sole discretion. You acknowledge and agree that any content that you submit and your user name will be treated as non-confidential and non-proprietary. We may access or preserve your submissions to comply with legal process in Canada or foreign jurisdictions, ensure compliance with these Terms, or protect ourselves, our customers or the public. Fido does not guarantee that you will have any recourse to edit or delete any content you have submitted. Fido may, at any time, without notice or liability to you, remove or refuse to post any submission, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, these Terms or any other Condition. You acknowledge that you, not Fido, are responsible for the contents of your submission and will be liable for any loss or damage resulting, directly or indirectly, therefrom.
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Fido may determine in any and all actions, disputes, or controversies relating hereto. Please note that your rights and remedies may vary by province. The Conditions constitute the entire agreement between Fido and you with respect to your use of the Forums. No waiver by either Fido or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
These Terms have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.