BLOAAG is a section of the OAA Website for logged in users to post content, including, but not limited to, articles, images, videos, texts or links. Content is displayed in a visual grid and allows participation and feedback through the sharing of comments and links. BLOAAG allows you to create cutting edge content and ideas to share with the entire OAA community.
You must be a (Licensed architect, Intern architect, Licensed Technologist OAA, Student Associate, Life, Honorary or Retired Member) to access BLOAAG. A username and password is required for access to this Service.
BLOAAG Terms of Service
Last Updated June 2019
When major changes are made to these BLOAAG Terms of Service a notice will be posted on the Website (The Site). You should periodically review the most up-to-date version. The OAA, in its sole discretion, may modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the Agreement, you may not use the BLOAAG.
1. Description of Service. BLOAAG is a section of the OAA Site for logged in users to post content, including, but not limited to, articles, images, videos, texts or links. Content is displayed in a visual grid and allows participation and feedback through the sharing of comments and links. BLOAAG allows you to create cutting edge content and ideas to share with the entire OAA community.
You must be a (Licensed architect, Intern architect, Licensed Technologist OAA, Student Associate, Life, Honorary or Retired Member) to access BLOAAG. A username and password is required for access to this Service. You will be responsible for all activities occurring under your username and for keeping your password secure. The OAA may change, suspend or discontinue the BLOAAG including the availability of any feature, database, or content. The OAA may also impose limits on certain features and services or restrict your access to parts or all services without notice or liability.
You must be at least eighteen (18) years of age to use the Service. The OAA reserves the right to refuse service to anyone at any time without notice for any reason.
Violation of any of the foregoing, including the OAA Website Terms if Use could result in immediate termination of this Agreement, and may subject you to provincial and federal penalties and other legal consequences. The OAA reserves the right, but shall have no obligation, to investigate your use of the BLOAAG in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of BLOAAG -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. The OAA does monitor the content of BLOAAG by way of a flagging system. Authorized users may flag questionable content for review by OAA administrators. Flagged content will be taken off line and will remain hidden until reviewed by OAA administrators. If it appears that BLOAAG postings carry offensive, harmful, inaccurate, libelous, defamatory, obscene, profane, infringing, pornographic, abusive, indecent, threatening, harassing, deceptive, hateful, stalking in nature, offensive or otherwise inappropriate material, the OAA may, in its sole discretion remove any content and takes no responsibility for such content. The OAA also reserves the right to ban abusive users and/or flaggers.
The OAA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
4. General Practices Regarding Use and Storage. You agree that the OAA has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. The OAA retains the right to create limits on use and storage within its sole discretion at any time with or without notice.
5. Content of the Service. The OAA takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does the OAA have any obligation to monitor such third-party content. The OAA reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates the terms of this Agreement. The OAA also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the OAA, its users and the public. The OAA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6a. Intellectual Property Rights. You acknowledge that the OAA owns all rights, title and interest in and to the Service, including all intellectual property rights. OAA rights are protected by Canadian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any virus, cancelbot, Trojan horse, worm, time bomb, robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, OAA Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
6b. Your Intellectual Property Rights.
The OAA claims no ownership or control over any Content submitted, posted or displayed by you on or through OAA Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the OAA Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through OAA Services which is intended to be available to the members of the public, you grant the OAA a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on OAA Services for the purpose of displaying and distributing OAA Services. The OAA furthermore reserves the right to refuse to accept, post, display, amend, or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the BLOAAG service under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using BLOAAG service tools to do so. For avoidance of doubt, the OAA is not a party to any such public license between you and any third party. Also, for avoidance of doubt, the OAA may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Publicity. Any use of the OAA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "BLOAAG," must be in compliance with this Agreement and in compliance with the OAA's then current Visual Identity Guidelines, and any content contained or referenced therein.
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to the OAA to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. The OAA may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. Your account is defined as an individual’s ability to use the service and the record of it. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify the OAA, its directors, officers, volunteers, employees and members, including all third parties mentioned on BLOAAG, from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the OAA will provide you with written notice of such claim, suit or action.
You will use your best efforts to cooperate with the OAA in the defense of any claim. The OAA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. Waiver and Severability of Terms. The failure of the OAA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of OAA services or the Terms of Service must be filed within two (2) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of Ontario, without giving effect to its conflict of laws provisions or your actual province or country of residence. Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Ontario, Canada and you agree to waive any objections based on venue.
16.Arbitration. Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Service, and/or the Service, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by a private and confidential binding arbitration held in Toronto, Ontario and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the OAA relating to any Claim and you also agree to opt out of any class proceedings against the OAA. Notwithstanding the foregoing, the OAA reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Copyright Act, R.S.C. 1985, c. C-42.
If you believe that any portion of this Site infringes copyright, please send a written notice of the details to:
Ontario Association of Architects (OAA)
Attention: Copyright Infringement Notification
111 Moatfield Drive
Toronto, ON M3B 3L6