1. Introduction

Welcome to the Back to Batoche Website (Back to Batoche Site). Canadian Geographic Enterprises develops and maintains the Back to Batoche site for the program partner, Métis Nation of Saskatchewan (the “Program Partner”). By using the Back to Batoche Site you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the Back to Batoche Site. If you do not agree with these Terms and Conditions, you may not use the Back to Batoche Site.

2. User Conduct

As a user of the Back to Batoche Site, and in consideration for the availability and your use of the Back to Batoche Site, you agree to comply with all applicable laws and these Terms and Conditions when using the Back to Batoche Site. You agree not to:

  • misrepresent your identity;
  • post material intended to further commercial purposes;
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would be harmful or could constitute a criminal offense or give rise to civil liability;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; and
  • post, transmit, link to, or otherwise distribute any information, material (including for greater certainty, software) which becomes a virus, cancelbot, trojan horse, work or other harmful or disruptive component.

3. Ownership of Website Content

Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, either owns or is a licensee of the content contained on the Back to Batoche Site, including all images, photographs, audio, video, and text. Except, as expressly provided for in these Terms and Conditions, you are not permitted to copy, reproduce, alter, or modify the Content found on the Back to Batoche Site.

4. Submissions to the Competitions section of the Back to Batoche Site

The Back to Batoche Site may provide mechanisms by which materials may be uploaded by users. For any material that you upload to the Back to Batoche Site, you automatically grant the Program Partner the non-exclusive, unrestricted, royalty-free, perpetual right to use, reproduce, communicate, modify and display the materials (in whole or in part) for purposes related to the Back to Batoche Competitions without any fee or other form of compensation, and without further notification or permission.

5. Disclaimer and Limitation of Liability

General Disclaimer of Liability:

THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED “AS-IS” and “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE OWNER OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

Users agree to indemnify, defend and hold Canadian Geographic Enterprises and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer’s fees and expenses, related to a user’s violation of this agreement or use of the Back to Batoche Site.

All responsibility or liability for any damages caused by viruses contained within the electronic files or at the site is disclaimed.

6. Modifications

Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, reserves the right, in its sole discretion to add to, remove from, modify or otherwise change any part of these Terms of Use, in whole or in part at any time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the Back to Batoche Site. Please check these Terms of Use regularly for updates. If any change is not acceptable to you, you must discontinue your use of the Back to Batoche Site immediately. Your continued use of the Back to Batoche Site after any such changes are posted will constitute acceptance of those changes.

7. Links to Third Parties

There may be links on the Back to Batoche Site which take you to other websites, including advertisers and sponsors which are not under the control of Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, (“Third Party Sites”). These links are provided only as a convenience, and Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, does not endorse such Third Party Sites, or any offerings or content found upon such sites. Without limiting Section 5, you are solely responsible for your decision to visit such Third Party Sites, and Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, is not liable in any way for the accuracy, relevancy or legality of material contained in such sites.

Some Third Party Sites may offer products or services available through that site. You acknowledge and agree that your correspondence or dealings with any third parties, including advertisers on the Back to Batoche Site, are solely as between you and such third parties. Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, assumes no responsibility whatsoever for any costs incurred by you, or products purchased by you through such Third Party Sites. You agree that Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, will not be responsible for any loss or damage of any kind as a result of, or in connection with, any such dealings or transactions.

8. Privacy

For information on how user information is collected, used and disclosed by Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises,  in connection with your use of the Back to Batoche Site, please consult the Privacy Policy .

9. Back to Batoche Site Termination

Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, reserves the right to suspend or terminate your access to the Back to Batoche Site, at any time for convenience, or for any other reason, including without limitation if Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises, has determined in its sole discretion that the use by your, or of third parties using your passwords or accounts of the Back to Batoche Site was in breach of these Terms of Use.

10. Governing Law

These Terms of Use will be governed by the laws of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

11. General Provisions

These Terms of Use you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms of Use constitute the entire agreement between you and Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises,  pertaining to your use of the Back to Batoche Site and Content, and supersede any prior agreements between you and Métis Nation-Saskatchewan, in partnership with Canadian Geographic Enterprises,  relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms of Use are determined to be void, invalid or other unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein.