Terms of Use and Privacy Policy

[CommunityHelps]

ROGERS COMMUNITY FORUMS TERMS OF USE

These terms of use (“Terms”) govern your conduct associated with the online community forums (the "Forums") offered by Rogers Communications and its affiliates (collectively, “us”, “we”, “our” or “Rogers”). Please read these Terms, the User Guidelines for the Forums available in the Community Information section of this forum, the Terms and Conditions of Use of this website and the Rogers Privacy Policy available at www.rogers.com/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 Rogers, 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 the support for the services or products you receive from Rogers;
• contains prices, advertisements, solicitations for goods or services or references to other products, offers, websites or competitors;
• contains links to irrelevant 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 Rogers 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 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 Rogers, 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. Rogers 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 Rogers 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 Rogers’ 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. Rogers does not guarantee that you will have any recourse to edit or delete any content you have submitted.  Rogers 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 Rogers, are responsible for the contents of your submission and will be liable for any loss or damage resulting, directly or indirectly, therefrom.

You agree that the Materials you submit to ROGERS™ Idea Box: (i) are original to you and accurate, (ii) do not violate and will not violate the rights of any third party or any local, provincial, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right, (iii) are owned by you personally and are not subject to any claim of ownership by your current employer, a former employer, or any third party (individual or otherwise), (iv) do not contain confidential information belonging to any third party, and to the extent such Materials contain your own confidential information, you acknowledge and agree that same shall immediately become non-confidential the moment the Materials are submitted to the ROGERS™ Idea Box ; and (v) are submitted by you on your personal behalf, and not on behalf of your employer or any third party.

By making a submission, you acknowledge and agree that Rogers and its affiliates (i) are already continually and independently of the Materials working on ways to improve upon and expand both the products and services offered by Rogers, and may create, develop, implement or otherwise use on their own products and/or services that are similar to the Materials, (ii) obtain many submissions from others that may be similar or identical to the Materials you submit through the ROGERS™ Idea Box or other channels and means. You hereby waive any and all claims you may have had, may currently have, and/or may have in the future related to the review, acceptance, and/or use of the Materials by Rogers, (iii) are under no obligation to review, use, or in any way process your Materials, regardless of the status indicated on the ROGERS™ Idea Box. You further acknowledge that any and all ideas and/or Materials submitted by you will be seen by others who participate in this initiative; and you recognize that Rogers has no control over any use that such third parties may make of the Materials or ideas submitted by you at any time.

You acknowledge and agree that the relationship between you and Rogers is not confidential, fiduciary, or otherwise a special relationship. By participating herein, you acknowledge that Rogers shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials submitted by you.

You further acknowledge and agree that, by participating in this forum and/or submitting any ideas, you hereby grant and assign Rogers and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, transferable, fully-paid up and royalty free license to use (i) any ideas, expression of ideas or other materials you submit to the ROGERS™ Idea Box (collectively, the "Materials"), and (ii) any and all intellectual property rights you have that cover or are in any way related to the Materials, whether in patent, copyright, trademark, trade secret, or any other proprietary right, in each case without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party (the “Licence”). You further waive any and all moral rights you may have in such Materials.

This Licence includes, without limitation, the right for Rogers to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and sub-licence the Materials, with all rights therein in the name of Rogers or its affiliates or as otherwise determined by Rogers, in its sole discretion, throughout the universe in perpetuity in any and all media now or hereafter known.

This Licence further includes the right to, directly or indirectly (including through multiple layers of persons/entities), make, have made, use (including by Rogers customers), sell, offer for sale, import, distribute, and otherwise dispose of any product or service that includes and/or incorporates any ideas, inventions, embodiments, or other concepts that form part of the Materials, and use any and all intellectual property rights you have related to such Materials. The Licence also permits Rogers and its affiliates touse the Materials (including portions thereof), re-record or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Rogers and its affiliates or any third party, with the Materials you submit. Any such works shall be owned outright by Rogers and shall not be subject to your approval or payment by Rogers of any compensation to you.

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 Rogers 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 Rogers and you with respect to your use of the Forums. No waiver by either Rogers or you of any breach or default here under 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.

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