The NSLC uses various third-party social networking sites, communications services, pages and accounts (“Social Media”), including Facebook, Twitter, Instagram and others to encourage interaction, to promote our products and services and to communicate with our customers. These Social Media channels are offered to enhance customers’ responsible enjoyment of beverage alcohol by offering information, promotions, news, and other relevant content. The following Terms of Use govern your use of such Social Media channels. We may revise these Terms of Use at any time. By accessing or using such Social Media channels you are bound by these Terms of Use, as amended from time to time.
The NSLC does not endorse any of the views expressed in comments, links, images or video, posted by users, and in no way verifies or confirms the accuracy of those items. Comments, links, images or videos that violate the NSLC’s Acceptable User Content requirements may result in these items being deleted and the user being blocked from the account.
Comments, visuals, videos, links and other type of materials posted by users on such Social Media channels (“User Content”) do not necessarily reflect the opinions or ideas of the NSLC or its employees. The NSLC does not (a) represent or warrant the accuracy of any statement or product claims made on its Social Media channels,(b) is not responsible for any User Content on its Social Media channels, and (c) does not endorse any opinions expressed on its Social Media channels.
Users must comply with these Terms of Use. In addition, your use of Social Media channels is governed by the policies and the terms of use of the third-parties that provide and operate the applicable Social Media channel. You are encouraged to review these policies and terms and conditions to better understand your obligations.
Acceptable User Content
You are responsible for the User Content you post to the NSLC’s Social Media channels and for any consequences thereof. The NSLC does not condone any form of harassment, written attacks, insults, vulgarity or any content that depicts the consumption of alcohol in an inappropriate or irresponsible manner. In addition to complying with the relevant terms of service for the particular Social Media service, you agree that you will not submit User Content that:
- Is submitted by a person under the age of 19, the legal drinking age in Nova Scotia
- Depicts someone who is (or appears to be) under the legal drinking age
- Discusses the consumption of alcohol by anyone under the legal drinking age
- Portrays over-consumption or irresponsible consumption of alcohol
- Depicts or endorses the consumption of alcohol while driving, operating any type of machinery, or engaging in other type of activity that requires concentration to avoid injury
- Condemns or is critical of anyone who chooses not to consume alcohol or who chooses to consume alcohol responsibly
- Depicts or discusses the consumption of alcohol in relation to any type of illegal behaviour
- Is submitted by or on behalf of an individual or organization campaigning the NSLC (whether promoting a cause, product, company, campaign or other matters)
- Features copyrighted logos, products or characters or materials protected by intellectual property laws
- You know, or have reason to believe, cannot be legally distributed through such Social Media channel
- Is defamatory, abusive, obscene, fraudulent or deceptive
- Uses offensive language, tone or gestures, or those that could be seen as offensive or insulting on the basis of gender, race, sexual orientation, religion, or culture
- Is off topic (i.e., is on or about a subject not relating to the subject-matter of the Social Media channel).
The NSLC reserves the right, but does not assume the responsibility, to review, delete, edit or otherwise alter User Content in any manner that it sees fit, in its sole discretion (including for reasons not stated in these Terms of Use). However, the NSLC cannot review nor ensure the prompt removal of all objectionable User Content and assumes no liability for doing so.
Posting Frequency
The number of tweets, images comments and updates posted by the NSLC will vary, depending on when new content becomes available. Items will generally be posted and moderated Monday to Friday during standard operating hours, with some exception.
Availability
The NSLC recognizes that the Internet is a 24/7 medium, and your messages and comments are welcome at any time. Messages and comments posted after business hours or on weekends and statutory holidays will be read as early as possible.
Social Media channels may occasionally be unavailable. The NSLC is not responsible for a lack of service caused by Social Media downtime.
Use of Share and Retweeting
The NSLC may share relevant and interesting information for followers and fans by sharing or retweeting links and comments. The decision to share or retweet a particular message does not imply endorsement of any kind.
By submitting or uploading User Content, you are authorizing us to use and reproduce the User Content and your name on our Social Media channels and in our marketing materials.
Likes & Follows
Any form of recognition, rating or communication by the NSLC through Social Media channels (e.g., by "liking", “following” or “tweeting”) does not imply endorsement or approval by the NSLC.
The NSLC may “like” “follow” and “subscribe” to users and pages that, in the sole judgement of the NSLC, have content that may be relevant or of interest to the NSLC and our Social Media users.
Feedback, @replies and Messages
Your interaction and feedback is highly encouraged.
We will attempt to read all communications submitted to the NSLC’s Social Media channels (such as Twitter @ replies, Facebook posts, etc.) and ensure that relevant communications are directed to the correct people at the NSLC. When possible, the NSLC will reply to posts in which a response is deemed to be useful. @ replies and Facebook comments will be treated as a request for a response. However, the NSLC is unable to reply individually to all the messages received via the NSLC’s Social Media channels. For general enquiries, complaints or official correspondence, please contact us.
Idea Submissions
The NSLC welcomes suggestions and ideas on how we can improve, but does not seek or solicit any confidential or proprietary suggestions, ideas, materials or other information. The NSLC does not accept unsolicited ideas for new products, packaging, marketing, business operations or other similar ideas. If you nevertheless provide ideas and suggestions in Social Media channels, you waive any claim of ownership in such ideas and suggestions and any claim that they are confidential or proprietary. The NSLC may use or disclose the same without any liability or compensation to you.
Copyright
Materials posted by the NSLC through Social Media channels including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, NSLC and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the information, in whole or in part without the prior written consent of NSLC. You may use NSLC information only for your personal, non-commercial use.
For User Content you post on NSLC Social Media channels, you represent and warrant that it is your own original work or, if it is covered by intellectual property rights owned by third parties, you represent and warrant that you have all rights to that third party content. By posting User Content that contains images, you represent and warrant that each person depicted in the image, if any, has provided consent to the distribution, display and reproduction of the image. You specifically grant the NSLC a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right and license (with the right to grant sublicenses) to exercise all copyright, publicity, moral rights and any other intellectual property rights with respect to any such User Content you provide. The NSLC may, at its option, modify or adapt any User Content that you provide. The NSLC expects users to respect the intellectual property rights of others. Please notify the NSLC if you believe that any User Content infringes your intellectual property rights. The NSLC reserves the right to remove any User Content alleged to be infringing, in its sole discretion, without prior notice.
Accuracy
The NSLC may monitor social networking content for factuality and appropriateness and will make reasonable efforts to ensure that content it posts is accurate at the time of posting. However, it is in the nature of social networking communications that accuracy and timeliness are not guaranteed and may not be reliable; as such, users acknowledges that the NSLC makes no such guarantees.
The NSLC is not responsible for the authenticity or suitability of User Content posted to NSLC Social Media channels by others. User Content does not represent the view of the NSLC.
Information Collection
NSLC may use Social Media monitoring tools and may collect and measure publicly accessible information available to us about Social Media activity in order to provide content that is relevant and potentially interesting to followers or users.
We may measure publicly accessible conversations mentioning NSLC and may review publicly accessible basic user information. This information may be used for the purposes of market research, operations and communications and it will be used in aggregate form, removing any identifying details.
NSLC Employees in Social Media
Some NSLC employees may be active on Social Media channels through their own personal accounts, under their own names or pseudonyms. Despite their professional affiliation with the NSLC, their posts do not represent the official position of the NSLC, and they should be considered their personal views and opinions.
Compliance With Laws
In addition to complying with these Terms of Use, you agree to use the NSLC Social Media channels, NSLC information and User Content for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an NSLC Social Media channel in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the NSLC Social Media channel illegal, are not authorized to use the NSLC Social Media channel.
Disclaimers
YOU UNDERSTAND AND AGREE THAT:
A. USE OF AN NSLC SOCIAL MEDIA CHANNEL IS AT YOUR SOLE RISK. THE NSLC SOCIAL MEDIA CHANNELS ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. NSLC DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE NSLC SOCIAL MEDIA CHANNELS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NSLC MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN NSLC SOCIAL MEDIA CHANNEL, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN NSLC SOCIAL MEDIA CHANNEL. THE NSLC WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
B. THE DOWNLOADING OF MATERIALS FROM AN NSLC SOCIAL MEDIA CHANNEL IS DONE AT YOUR OWN RISK. THE NSLC DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN NSLC SOCIAL MEDIA CHANNEL.
Limitations
IN NO EVENT SHALL THE NSLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN NSLC SOCIAL MEDIA CHANNEL, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN NSLC SOCIAL MEDIA CHANNEL OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN NSLC SOCIAL MEDIA CHANNEL. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF NSLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.