TERMS AND CONDITIONS OF USE
Vermillion invites you to browse our Web Services and / or take part in our Activities, subject to these Terms and Conditions of Use (these "Core Policies").
DEFINITIONS
Capitalized terms used in these policies have the meanings stated here. Other terms may be defined and capitalized in specific paragraphs or sections of our policies.
- "Activities" means all of Vermillion’s services, programs and / or events that are not provided online including its committees, working groups, idea exchanges and information exchanges;
- "Additional Agreement" means an additional or further contract between you and Vermillion whereby the provisions or application of these Core Policies or any other applicable policies are amended or altered with Vermillion Approval;
- "Browser" means a user of Web Services and / or Activities that has either not requested or not yet been granted a User Name; Browser applies to all such users whether or not Other Policies have been established;
- "Communities" means the operational divisions of Vermillion Institute and Vermillion Communities Incorporated as well as unrelated organizations that care about advancing sustainability;
- "Core Policies" means these Terms and Conditions of Use;
- "Guests" means users of Web Services and / or Activities that have been granted Vermillion Passports to login, access and review Resources, Web Services and / or Activities on an individual, temporary, or ongoing basis, and it includes people who have permission to access or participate in one or more Activities;
- "Resources" means data, information and other materials which are generally made available, pursuant to these Core Policies or as otherwise directed by Vermillion, at no charge, but subject to terms and conditions such as requirements not to alter the Resources;
- "Other Policies" means agreements, policies and Additional Agreements that govern your conduct and Vermillion's conduct in various roles;
- "Trial Guests" means Guests that have been granted Vermillion Passports for a trial period;
- "User Name" means a string of alphanumeric characters that are uniquely associated with a user of Web Services and Activities;
- "Vermillion" means Vermillion Institute; references in our policies to Vermillion, 'we', 'us', and 'our' will include its affiliates and authorized agents;
- "Vermillion Approval" means the express written approval of Vermillion Institute, in its sole discretion, which may require approval of its board of directors;
- "Vermillion Canada" means a division of Vermillion Institute that generally has a Canadian policy and communication focus;
- "Vermillion Passport" means any user name that may be combined with other authentication criteria to enable you to access or participate in private Resources, Web Services and / or Activities;
- "Vermillion Trademarks" means any common law or registered trade mark or service mark of Vermillion Networks Inc. in any country. Vermillion Trademarks include "Vermillion", "Vermillion Canada", "Vermillion Institute", "Vermillion Professional Network", "Innovators in Sustainability", "Innovators in Sustainability", "Distinction in Sustainability", "Caring for people, planet and prosperity", "Elevating people, planet and prosperity", "Supporting people, planet and prosperity", "Building a stronger Canada for today and tomorrow", and the distinctive Vermillion swirl designs;
- "Web Services" means websites, webinars and applications operated or organized by Vermillion including its online committees, working groups, idea exchanges and information exchanges;
- "You" and "you" mean all users of and contributors to Web Services and Activities including but not limited to Browsers and Guests as well as Signatories, Council Members, and Delegates.
APPLICATION OF THESE CORE POLICIES
Unless an Additional Agreement provides otherwise, the Core Policies apply to all Browsers, Guests and Vermillion. By using our Web Services and / or Activities you are deemed to accept these Core Policies. Other Policies apply in other roles you may choose take with Vermillion.
Vermillion may revise and update its policies without notice from time to time, and at any time.
Our Core Policies and some Other Policies are publicly accessible at our website. Notice of a change to any of these policies will be posted at this website for a reasonable period of time. Even so, you are encouraged to review the Core Policies and Other Policies periodically. Your continued use of any Web Services or Activities will confirm to us that you agree to those changes.
WHY THIS IS IMPORTANT TO ALL OF US
Vermillion is a social enterprise. That means we try to elevate people, planet and community prosperity (which many feel are the three dimensions of healthy and sustainable societies) while building a successful policy institute. For more information, click here.
You acknowledge all this and agree to respect the copyright and other rights of Vermillion, its licensors and any third parties. For more information about why this is so important to us, click here.
You acknowledge and agree that all terms, conditions, limitations and disclaimers of these Core Policies are reasonable in the context of Vermillion's objectives – especially its objective to minimize the distortion of important information – and its status as social enterprise that is engaged in activities of great value to NGOs, policy makers, information workers, the public and the environment.
CURRENT AND FUTURE DEVELOPMENT OF VERMILLION CANADA
Vermillion Canada was established at the request of, and in cooperation with, Canadian stakeholders who wanted the benefits of Vermillion Web Services, Activities and Resources to assist in their outreach. To expedite this, Vermillion Canada is currently operated as a division of Vermillion Institute, which is incorporated as not-for-profit company in Calgary, Canada, near its original advisors, and its web platform is operated along with other Vermillion websites in Calgary, Canada.
For the sake of developing quality long-term sustainability initiatives, we believe that Vermillion Canada could one day be incorporated elsewhere or its operations could be transferred into another entity, such as a university institute – affiliated as needed with other Communities – but Vermillion does not warrantee this will happen. Vermillion looks forward to seeing proposals from suitable groups who may wish to take over stewardship of this development in such an entity.
In anticipation of changes such as this, you acknowledge that in the future Vermillion may wish to assign all or parts of its rights and responsibilities under these Core Policies or Other Policies (including its stewardship of User Names and all related personal information) to a successor, and you consent to any such transfer or assignment, at Vermillion's sole discretion.
ELECTRONIC TRANSACTIONS
Whether it is the Core Policies or Other Policies, in all cases, you agree to contract and transact electronically. For clarity, the applicable policies bind you and Vermillion to the same extent as if we had each signed, sealed and delivered a promise to comply with and be bound by the policies.
USING THE RESOURCES
Generally, as a Browser or other user of our Web Services and / or Activities, you are permitted free of charge to use our public website content and Resources to learn about how to improve sustainability within your personal life and your own business operations. However you do not have a license to reproduce and / or distribute our content. If you want your associates to see our Resources, we encourage you to refer them to our Web Services and Activities by way of web links.
FEE PAYMENTS AND OTHER VALUABLE CONSIDERATION
If an authorized payment to Vermillion is returned, or if other valuable consideration is not delivered to Vermillion as agreed, you agree to pay Vermillion a $35 processing fee in addition to the cash value of anything owed, paid in Canadian dollars.
NO AFFILIATION
You agree not to claim any current or past affiliation with Vermillion unless you have Vermillion Approval to do so. You agree not to speak publicly about Vermillion policies, including its policies for sustainability, unless you have Vermillion Approval at any given instance to speak about such policies on Vermillion's behalf.
TRACKING, WEB STATISTICS AND MEDIA
Whenever we can, we like to document participation in Activities and Web Services to develop educational and training resources, to promote good solutions, and to protect our interests and those of our users. To those ends, media will often be invited to Activities, and the entire sessions will often be recorded to capture important ideas and to create resources for local, national and international distribution; unauthorized recording is prohibited. If you do not wish to appear in photographs, content, audio and / or video, please ask prior to taking part about whether we'll be recording an Activity, and then decide if you'd like to participate based on the answer. In the absence of a special accommodation from Vermillion, by taking part in Activities and Web Services, you acknowledge the collection of the recordings and your willingness to appear in any media and at any time, and you release Vermillion and its contributors of all liability associated with such distribution and use.
We may collect and track IP addresses with or without User Names to provide, maintain, protect, and improve our services, as well as to develop new services. Additionally, we may use the information we collect to confirm users' eligibility for certain Web Services, Activities and Vermillion points, as well as to protect the rights and / or property of Vermillion and / or our users.
Our collection, use, and disclosure of personal information is governed by our privacy policy. For more information, click here.
DISCLAIMERS
Many people feel that the three dimensions of a healthy society are healthy people, planet and community prosperity. But it's not easy to learn about and convey how to elevate these three elements.
Vermillion makes reasonable efforts to learn about and include accurate, relevant and up to up-to-date information, but we provide no warranty of the accuracy, currency, or fitness for any particular purpose of the information. Information may be changed or updated without notice. The use of Web Services and / or Activities is at your own risk.
Vermillion does not control any third-party website. If you choose to click a link to one, Vermillion is not responsible for the accuracy of the content of any linked website or any link contained in a linked website. Use of such third party websites is at your own risk.
TRADEMARKS
No license to use any Vermillion Trademark is granted by these Core Policies. You may not use any vermillion trademark without Vermillion Approval.
INTERPRETATION
Subject to any other specific by-laws, rules, policies, procedures or regulations established or published by Vermillion at any time, and any other express agreement which provides otherwise, these Core Policies constitute the entire agreement and understanding between you and Vermillion with respect to the matters contemplated.
You acknowledge and agree that any failure by Vermillion to insist in any one or more instances upon strict compliance with these Core Policies and Other Policies will not be construed as a waiver by Vermillion of any continuing or subsequent failure to perform or delay in performance of any provision of these Core Policies and Other Policies.
After you discontinue accessing our Web Services and / or Activities, those provisions of these Core Policies and Other Policies which, by their nature, including but not limited to the obligation not to claim any affiliation with Vermillion without Vermillion Approval, should survive any termination of any agreement between you and Vermillion, will survive and remain in effect.
The laws of the Province of Alberta, Canada, shall in all cases govern the interpretation of these Core Policies. Unless an express agreement provides otherwise, any disputes relating to these Core Policies and Other Policies shall be heard before the said courts sitting at Calgary, Alberta, provided that Vermillion shall have the right to commence action in any court of competent jurisdiction to seek injunctive or other equitable remedies to protect its interests. In any case deemed appropriate by Vermillion, in its sole discretion, Vermillion may refer a dispute to arbitration in Calgary, Alberta, before a single arbitrator pursuant to the Arbitration Act, Alberta, and you agree to participate in such arbitration with costs to be awarded on a full-indemnity basis, to keep the proceedings confidential in accordance with the private nature of arbitration, and to be bound by it.
The headings used in these Core Policies and other policies have been inserted for convenience of reference only and do not affect the meaning or interpretation of such policies or any provision of such policies.