Fido Community Terms of Use

[FidoStephen]

FIDO COMMUNITY TERMS OF USE

These terms of use (“Terms”) govern your conduct associated with the online support forums (the "Forums") offered by Fido Solutions, operated by Rogers Communications Canada Inc, and its affiliates (collectively, “us”, “we”, “our” or “Fido”). Please read these Terms, the User Guidelines for the Forums available in the Community Information section of this forum, and the Terms and Conditions of Use of this website available at www.fido.ca/terms (collectively, the “Conditions”) carefully before you submit any content. By submitting any content, you agree to abide by the Conditions. If you don’t agree to comply with the Conditions, then you may not submit any content.  If there is any inconsistency between these Terms and any other Condition, these Terms will prevail with respect to the Forums.

By submitting any content to Fido, you represent and warrant that:

• you are, or have first obtained permission from, the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• the information that you have provided to us and all content that you post is accurate;
• you are at least 18 years old;
• you have created only one user name to represent yourself; and
• use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content that:

• is not directly related to support for the services or products you receive from Fido;
• contains prices, advertisements, solicitations for goods or services or references to other products, offers, websites or competitors;
• is not drafted in English or in French;
• contains links to irrelevant third-party websites;
• contains unconstructive criticism, spiteful comments or an excessive number of comments about other posts on this website or their authors;
• contains reference to any moderator or community manager actions, including the reposting of all or any part of a private conversation with a moderator or community manager or of a communication with any Fido employee;
• is known by you to be false, fraudulent, deceptive, inaccurate or misleading;
• infringes or violates the privacy rights or intellectual property rights of others;
• relates to hacking and/or “rooting” a wireless phone or device from any carrier;
• describes how to violate policies or terms;
• violates any law, statute, ordinance or regulation;
• contains reference to any ongoing financial or legal matter;
• is, or may reasonably be considered to be, obscene, profane, pornographic, defamatory, libelous or otherwise offensive or objectionable;
• unlawfully promotes or incites hatred;
• is threatening, intimidating, abusive or harassing to any individual, organization, partnership or corporation;
• you were compensated or granted any consideration for by any third party;
• includes any personal information such as addresses, email addresses, phone numbers or other contact information;
• contains any “spam” content, computer viruses, worms or other potentially damaging computer programs or files; or
• you have submitted multiple times or appears the same as any of your past postings.

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. 

Deactivating your Community profile will disable your profile and your access to your profile. Once a Community profile has been deactivated, any contribution from that user will display as "Anonymous". To deactivate your Community profile, submit a request to fido.community@rci.rogers.com and include your Community profile username.

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.