Welcome! Read on to learn what you need to know, legally speaking, when coming out to our events and joining our community:
Last updated: July 16, 2018
Welcome! We are Muse Communications and Events Inc. – we operate the Fuckup Nights Toronto – a chapter of the global Fuckup Nights community – (“Muse Communications and Events Inc.”, “us”, “we”, or “our”). Our mission is it to to break down stigmas, and amplify the message that failure is healthy and essential to learning and growing.
Muse Communications and Events Inc. is subject only to Canadian laws and jurisdiction.
Below is Muse Communications and Events Inc.Terms and Conditions and is a contract between you and Muse Communications and Events Inc. when you use Fuckup Nights Toronto’s sites, services, and products. If you have any questions or suggestions, feel free to email us at [email protected]
Your access to and use of our sites, services and products is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or attend our Events.
Accepting the Terms of Service
Muse Communications and Events Inc. is in compliance with Canada’s Anti-Spam Legislation (“CASL”). As such, you will be given the option to opt-in and opt-out of all communications sent by, or on behalf of, Fuckup Nights Toronto (“Communications”). Any such communications will contain the name of the sender, our mailing address, and a contact email address in addition to an unsubscribe mechanism.
Should you have any concerns, please contact [email protected]
Participating in our Events
It is our intention to provide you with incredible networking and learning opportunities through our Events. Our intention is that you meet some amazing people and learn from your peers. Our Events are intended to be a collaborative forum for sharing professional failure stories, learning, and having fun.
As a Member of our community, you agree to act professionally, treat everyone with respect, and treat the event facilities with proper care. You agree that you are responsible for any accidents or damage that you cause. You also agree to not hold us, your local volunteer team, or any of the event supporters liable for any loss, damage, injury, or any other unforeseeable incident.
By participating in and attending our Events, you enter an area where photography, audio, and video recording may occur. By entering the event premises you consent to interview(s), photography, audio recording, and/or video recording.
You consent to any of the above being released, publicized, exhibited, or reproduced to be used for news, web casts, promotional purposes, social media, advertising, inclusion on website and/or any other purpose by Fuckup Nights Toronto (operated by Muse Communications and Events), Fuckup Nights Global (Instituto Del Fracaso, A.C.), and its affiliates and representatives.
You realize that there are potential risks inherent in your participation in our Events. You freely and voluntarily accept and assume all such risks, dangers and hazards and the possibility of personal injury, death, violence, property damage or loss, during all the time of each event, resulting from activities during each event.
In consideration of approval to participate in each Event, you and any personal representative, hold harmless, release and forever discharge Muse Communications and Events Inc., its organizers, attendees, volunteers, agents, trainees, contractors or employees from any and all actions, causes of actions, including negligence, claims and demands for damages, loss or injury, resulting from or arising out of your participation in the event.
You also indemnify and save harmless Muse Communications and Events Inc., its organizers, attendees, volunteers, agents, trainees, or employees from any and all actions, causes of actions, demands, expenses, losses and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
- Disputes between Members, including those between you and other Members.
- Third party sites and services, including content found on such sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
- Claims relating to the unauthorized access to any data communications or content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
- Claims relating to in any way to any face-to-face meetings in any way related to Fuckup Nights Toronto Events, including without limitation claims related to the actions or omissions of any Members or third parties who organize, attend, or are otherwise involved in any Event.
Fuckup Nights Toronto’s Member Community
Muse Communications and Events Inc. is committed to facilitating connection and open communication amongst our Members. We believe that our community should be a safe, positive, productive space for members and therefore expect that the members of our community will adhere to the General Community Guidelines below.
General Community Guidelines:
- Malicious Bigotry and Harassment. Don’t actively promote violence or extreme hatred against individuals or groups, on the basis of race, ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation. Don’t use the Fuckup Nights Toronto Events for harassment. Harassment includes, but is not limited to, offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion, sexual images in public and online spaces, deliberate intimidation, stalking, and unwelcome sexual attention.
- Mass Registration and Automation. If you are registering with us as a member, you should be a real person who plans to engage positively in the member community following the other guidelines listed here.
- Copyright and Trademark Infringement. Respect copyrights and trademarks. If you aren’t authorized to use copyrighted or trademarked work (either expressly or by legal exceptions and limitations like fair use), then don’t.
- Privacy Violations. Don’t use the Fuckup Nights Toronto Events to deceptively obtain personal information. Don’t post content that violates anyone’s privacy, including personally identifying or confidential information like credit card numbers, social security numbers, and unlisted contact information.
If we conclude that you are violating these policies, you may receive a notice via email. If you don’t explain or correct your behavior, your Account may be suspended. We do our best to ensure fair outcomes, but in all cases we reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.
In addition to our general community guidelines, we also have a specific anti-harassment policy.
All Muse Communications and Events Inc., workplaces, staff, presenters, and participants are held to the following Anti-Harassment Policy.
In addition to governing its own Events by this policy, Muse Communications and Events Inc. will only lend the Fuckup Nights Toronto brand and officially partner with groups which offer a similar anti-harassment policy to their attendees.
Fuckup Nights Toronto is dedicated to providing a harassment free experience for everyone. We welcome everyone regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age, religion, faith, national origin, source of income, and language preference.
We do not tolerate harassment in any form. Sexual language and imagery is not appropriate for any Fuckup Nights Toronto Event or network activity, including talks. Anyone in violation of these policies may expelled from Fuckup Nights Toronto Events or network activities; this will be at the discretion of Fuckup Nights Toronto leadership and/or event organizers.
Harassment includes but is not limited to offensive verbal or written comments related to gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age, religion, faith, national origin, source of income, and language preference; sexual images in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other Events; inappropriate physical contact; unwelcome sexual attention; unwarranted exclusion; and patronizing language or action.
If a participant engages in harassing behavior, Muse Communications and Events Inc. leadership and/or event organizers may take any action they deem appropriate, including warning the offender and expulsion from Fuckup Nights Toronto Events and network activities.
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of the event staff immediately.
If you cannot reach the event organizer and/or it is an emergency, please call 911.
Muse Communications and Events Inc. leadership and/or event staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or assist those experiencing harmful behaviour.
The Site and its original content, features and functionality are and will remain the exclusive property of Muse Communications and Events Inc.. and its licensors. The Site is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent ofMuse Communications and Events Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Muse Communications and Events Inc.
Muse Communications and Events Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Muse Communications and Events Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
If you wish to terminate your account, you may simply discontinue using the Site or attending our Events.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Muse Communications and Events Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSE COMMUNICATIONS AND EVENTS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR MEMBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Fuckup Nights Toronto HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Fuckup Nights Toronto AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS ($25.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Your may attend our Events at your sole risk. Our Events are provided on an “AS IS” and “AS AVAILABLE” basis. Our Events are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the Province of Ontario and federal laws of Canada applicable therein. This Agreement survives termination of your voluntary participation in the Events. This Agreement cannot be modified or interpreted except in writing by Muse Communications and Events Inc. and no oral modification or interpretation is valid.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]