Terms of use

These Terms of Use constitute an agreement between you and Smoke-Free NB with respect to your participation in the Smoke-Free NB Platform (this environment). These Terms of Use set out the  conditions that apply to you when you submit your comments, photographs, videos, stories or other content (collectively, the “Content“) to the platform.  By clicking “Join now”, you are deemed to have read and to have agreed unconditionally to the terms and conditions set out below.

1. Eligibility to contribute

To participate and contribute to Smoke-Free NB Platform, you must be 18 years of age or older.

2. Submission and review of content

  1. Smoke-Free NB reserves the right to review all Content submitted to Smoke-Free NB Platform. We can refuse to publish Content to the Smoke-Free NB Platform and to delete any Content that Smoke-Free NB deems, in its sole discretion, to be objectionable or inappropriate, including without limitation Content that:
    (a) is defamatory or obscene;
    (b) threatens or is hateful towards a specific group of people;
    (c) is unlawful;
    (d) advertises private interests;
    (e) impersonates or falsely claims to represent a person or organization; or
    (f) invades the privacy of any person or otherwise violates the rights of any person.
  2. Smoke-Free NB reserves the right, at its sole discretion, to remove any Content that potentially or actually infringes any third party’s copyright, trademark, right of privacy, publicity or other intellectual property or other right.
  3. If you are concerned about inappropriate content please contact us, citing the date and author of the Content in question.

3. Ownership and license

  1. You retain ownership of all Content you submit to Smoke-Free NB Platform (“Your Content“). You represent and warrant that:
    (a) Your Content is (i) your original work, or (ii) has been provided to you or obtained by you to the rightful owner with all necessary permissions;
    (b) Your Content does not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
  2. By submitting Your Content to Smoke-Free NB Platform, and in consideration of the opportunity to participate in Smoke-Free NB Platform and other valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you grant Smoke-Free NB a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, publish, communicate to the public by telecommunication, modify, display and distribute Your Content in any and all formats for any and all purposes associated with the Smoke-Free NB Platform.
  3. You agree that Smoke-Free NB may engage independent contractors and service providers to assist Smoke-Free NB to exercise the rights you grant to Smoke-Free NB under these Terms of Use.
  4. You agree that Smoke-Free NB may reformat, rearrange or otherwise modify Your Content, and you understand and acknowledge that Smoke-Free NB has no obligation to acknowledge you by name or pseudonym as the author of Your Content.
  5. With the exception of Your Content and Content submitted to Smoke-Free NB by other contributors, all intellectual property in the Smoke-Free NB Platform, including but not limited to copyright, official marks or trademarks, is owned by Smoke-Free NB. Copying or unauthorized use of any such intellectual property without the express written consent of Smoke-Free NB is prohibited.
  6. The use of any material to or links to third party websites must be in accordance with these Terms of Use. Smoke-Free NB does not control such third party websites and is not responsible for their contents. The inclusion of hyperlinks to such third party websites does not imply any endorsement of the material on such websites or any association with these third parties.

4. Access to information

If a request is made for access to your personal information where the information in question has not already been made public by you, you will be contacted to determine if you consent to this disclosure. If you choose to not consent, your personal information will not be disclosed.

5. Collection of personal information

  1. Your personal information including name, email address, phone number, photographic image and opinions, are characterized as “personal information”.  We are collecting this information to support you with your platform experience or that of others in the community. We want to undertake research to determine the success of the site and ways to improve our service. Therefore, Smoke-Free NB is collecting personal information to both support you and to engage in research. Your email address or phone number may be used to: (a) contact you for clarification of your comment(s); (b) contact your for research purposes; and (c) provide you with notices about changes to the service or new programs being offered by Smoke-Free NB.
  2. For the purpose of administering the Smoke-Free NB Platform, we are also collecting details of your visit to the website on which Smoke-Free NB Platform is located, including your IP address, the date and time of your visit, and your acceptance of these Terms of Use.
  3. If you have any questions about the collection of your personal information, please contact us.

6. Access and disclosure

By accepting these Terms of Use, you consent to:

  • the use of your personal information for the purposes outlined above;
  • the disclosure of your personal information to Smoke-Free NB independent contractors or service providers to the extent that such independent contractors or service providers require access to such information in order to perform services in connection with the Smoke-Free NB Platform; 
  • for the purpose of participating in the Smoke-Free NB Platform, the public disclosure of and access in or outside of Canada to personal information that you post and is publicly available; and
  • Your personal information may be used to conduct a one-time evaluation of Smoke-Free NB Platform approximately 7 months after your initial registration. You may revoke your consent to the disclosure of your personal information, and participation in this one-time evaluation by contacting us. Revoking your consent to the disclosure of your personal information to the surveyor will not change the services available to you through Smoke-Free NB Platform. This evaluation helps us determine quit rates and other things about the program.

7. Unsubscribing from the Smoke-Free NB text program

You can opt-out of the text service at any time by texting STOP. Alternatively, you can sign in to your account and unsubscribe from there.

8. Limitation of liability and indemnity

  1. You agree that under no circumstances will Smoke-Free NB or any of its respective employees or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages based on:
    (a) use of any Content under these Terms of Use;
    (b) any use by you of the Smoke-Free NB Platform; or
    (c) any failure by you to abide by these Terms of Use.
  2. You agree to indemnify, defend and hold harmless Smoke-Free NB and all of its respective employees and agents to and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising to:
    (a) your use of the Smoke-Free NB Platform; 
    (b) your violation of any provision of these Terms of Use;
    (c) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and
    (d) any claim that any of Your Content caused damage to a third party.

9. Disclaimer

The Smoke-Free NB Platform and all of the information it contains are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement are hereby expressly disclaimed.

10. Additional terms

If any term or provision of these Terms of Use is invalid, illegal or unenforceable, all other terms and provisions of these Terms of Use will nonetheless remain in full force and effect.