• Text Size

METROLINX USER GENERATED CONTENT TERMS OF USE

You are reading these User Generated Content Terms of Use (“Terms of Use”) because Metrolinx has reached out to you to seek your permission to feature content you have shared on our social media channels, website and other promotional materials.

Thank you for considering our request.

These Terms of Use are intended to inform you about what you are agreeing to when you grant Metrolinx the permission to feature your social media content (referred to as “User Content”).

If you would like to provide Metrolinx with your consent to allow Metrolinx to use your User Content, you may either reply:

  1. yes to our request; or
  2. with the hashtag that we’ve requested that you use (e.g. #MetrolinxPhoto #GOTransitPhoto, #UPExpressPhoto, #PRESTOCardPhoto).

We strongly recommend that you read these Terms of Use and our Privacy Policy carefully before going further.

RIGHT TO USE

You hereby grant to Metrolinx, its affiliated brands such as GO Transit, UP Express and PRESTO, and its related companies and their successors and assigns (collectively, “Metrolinx”):

  1. a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right, permission and license to use your User Content in any manner to be determined in Metrolinx’s sole discretion, including but not limited to social media pages operated by Metrolinx, Metrolinx’s website, newsletters, emails and all other marketing, promotional and advertising activities, and in any media now or hereafter known. Metrolinx may use, store, access, display, copy, reformat, publish, distribute, transmit, stream, broadcast, create derivative works from, combine with other materials, alter and/or edit or otherwise exploit your User Content in any manner in Metrolinx’s sole discretion, with no obligation to you whatsoever;
  2. the right to use your username, real name, image, likeness, caption, location or other identifying information, in connection with any use of your User Content.

REPRESENTATIONS AND WARRANTIES

You hereby agree and represent and warrant that:

  1. you are the sole and exclusive owner of all your User Content or otherwise have all rights, licenses, consents and releases necessary to grant Metrolinx the license to the User Content as set forth in these Terms of Use;
  2. you are solely responsible for your User Content;
  3. you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from:
    1. every person who appears or performs in your User Content; and
    2. any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content; to provide us with the rights to use the User Content.
  4. you are at least eighteen (18) of age or are legally considered an adult in the Province or Country where you reside;
  5. your User Content does not violate any copyright, trademark, logo, brand name, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation;
  6. your User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
  7. Metrolinx does not have any obligation to use your User Content and may remove or stop using your User Consent at any time, at its sole discretion;
  8. the use of your User content does not imply any affiliation with of endorsement of you;
  9. you have read and you agree to comply with all these Terms of Use.

PRIVACY POLICY AND PERSONAL INFORMATION

Pursuant to Section 39(2) of the Freedom of Information and Protection of Privacy Act, you are hereby notified that by agreeing to these Terms of Use, your personal information will be collected for the purpose of using your User Content on our social channels or otherwise in our digital or analog documents and in order to document your consent. Questions about this collection should be addressed to:

Metrolinx
Attention: Digital Marketing
97 Front Street West
Toronto, ON
M5J 1E6
digitalmarketingrequests @metrolinx.com

Metrolinx will only use personal data received with respect to the use of your User Content in accordance with these Terms of Use, our Privacy Policy and the Freedom of Information and Protection of Privacy Act.

You agree and consent to the collection, use, disclosure, transfer and processing by Metrolinx of any personal data you provide with respect to the use of your User Content as described herein and in accordance with Metrolinx’s Privacy Policy and any applicable data protection laws and regulations. Please note that your personal information may be transferred to servers located outside of your residing country or to any trusted third party that may process your personal data on behalf of Metrolinx.

If you do not agree with the collection, use and disclosure of your personal data in this way, you cannot consent to these Terms of Use and you shall not provide us with any of your personal data.

LIMITATION OF LIABILITY/INDEMNIFICATION

You hereby release, discharge and agree to hold Metrolinx, and any person acting on their behalf, harmless from any liability related in any way to Metrolinx’s use of your User Content.

You hereby agree that you shall be liable and shall indemnify Metrolinx against any claims, actions or proceedings of any kind and from any and all liabilities, costs, losses, damages and expenses (including legal expenses) related to or arising directly or indirectly from a breach or alleged breach by you of your obligations, representations and warranties under these Terms of Use.

INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that we have copied any content, including User Content, in any way that could constitute copyright infringement, please contact us by mail or email at the following:

Metrolinx
Attention: Digital Marketing
97 Front Street West
Toronto, ON
M5J 1E6

DELETION OF USER CONTENT

You may request that Metrolinx remove your User Content. Please note that, in such an event, Metrolinx will take all reasonable measures to do so. Notwithstanding the foregoing, you acknowledge that Metrolinx may be unable to fully delete all of your User Content.

Metrolinx reserves the right to retain and communicate your User Contest if required by law or if necessary to protect the property, interests and rights of Metrolinx.

AMENDMENTS

Metrolinx reserves the right to amend these Terms of Use without prior notice by posting a revised version of these Terms of Use. Any changes or amendments to these Terms of Use shall be effective at the date of posting. We recommend you consult Metrolinx’s website each time you grant permission or authorization to Metrolinx to feature your User Content.

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Metrolinx’s prior written consent.

The failure by Metrolinx to exercise or enforce any legal right, power or remedy under these Terms of Use (or which Metrolinx has the benefit of under any applicable law), shall not be taken as a formal waiver of Metrolinx’s rights and that those rights, powers or remedies will still be available to Metrolinx.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Please do not hesitate to contact Metrolinx shall you have any question or require additional information.


Last Updated: June 20,2019