Last updated: February 10, 2015

This Acceptable Use Policy (“Policy“) sets out specific terms under which you may access or download content from Our website or through our mobile applications and generally use our services including participating in forums and other community features of the website (collectively “THM Services“). This Acceptable Use Policy applies to all users of the THM Services. The examples of prohibited uses of the THM Services described in this Policy are not exhaustive.

We may modify this Policy at any time by posting a revised version. By continuing to use the THM Services after a posted update to this Policy, you are confirming your agreement to the latest version of this Policy.

“We” “Us” or “Our” is defined as Tophatmonocle Corp. Where applicable, “You” or “Your” is defined as an individual user of the THM Services, including instructors and student users. Users purchasing from, downloading from, or uploading to the THM Services on behalf of a school, university or college or other such entity agree that they do so only with the appropriate permissions and authority of the institution on whose behalf they purport to be acting.

Your use of the THM Services means that you accept, and agree to abide by, all provisions of this Acceptable Use Policy, which supplement Our Terms of Service.

Prohibited Uses

You may use the THM Services (including the website and our mobile applications) only for lawful purposes. You may not use the THM Services:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors or vulnerable adults in any way.
  • To abuse, harass, threaten, impersonate or intimidate any other user or third party.
  • To send, knowingly receive, upload, download, use or re-use any material that is infringing, libelous, defamatory, discriminatory, obscene, pornographic, sexually explicit, abusive, offensive, hateful, profane, violent, or otherwise violates or encourages someone to violate any law or right of any third party as determined in our sole discretion.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the THM Services in contravention of the provisions of the TOP HAT Terms of Service.
  • Not to bypass or attempt to bypass any measures We may use to prevent or restrict access to the THM Services or to interfere or attempt to interfere with the proper functioning of the THM Services.
  • Not to access without authority, interfere with, damage or disrupt:
    1. any part of Our website;
    2. any equipment or network on which Our website is stored;
    3. any software used in the provision of Our website; or
    4. any equipment or network or software owned or used by any third party.

 

Indemnification

YOU SHALL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY BREACH BY YOU OF THE TERM SOF THIS POLICY AND ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE THM SERVICES AND/OR ANY VIOLATION BY YOU OF THE TOP HAT TERMS OF SERVICE.

Suspension And Termination

Failure to comply with this Policy constitutes a material breach of Our Terms of Service. We reserve the right to investigate any violation or suspected violation of this Policy but are under no obligation to do so. In doing so, We may temporarily suspend your access to the THM Services or terminate your account on the THM Services, remove any content we believe is in violation of this Policy, and report any activity that we suspect violates any law, rule, or regulation to law enforcement officials, school/employer, regulators, or the like, in Our sole discretion. We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and We may take any other action We deem appropriate.

General

Your use of the THM Services is also governed by the TOP HAT Terms of Service.

Nothing in this Policy is intended to grant any rights in the Services beyond the rights granted to you in the TOP HAT Terms of Service. If We fail, at any time, to insist upon strict performance of any of Your obligations under this Policy, or if We fail to exercise any of the rights or remedies to which We are entitled under this Policy, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of the provisions of this Policy shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Please contact Us with questions about this Policy or to report violations of this Policy: legal@tophat.com or by post to Tophatmonocle Corp. at 2 Carlton Street, Suite 1317 Toronto, Ontario, Canada M5B 1J3

We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.