EQ Bank User Generated Content Terms & Conditions

1. Submissions and Posts

   For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by you, by submitting to Equitable Bank (“us”, “we”, or “our”) or allowing us to use your submission(s) and/or post(s), such as photographs, essays, comments, tweets, or any other content whatsoever for posting or publishing on our websites, social media pages, or anywhere else, you agree to all of the following:

   1.1 We may determine, in our sole discretion, whether or not to accept any submission or post submitted to us, posted on any of our websites, social media pages, or elsewhere or whether any content posted or published by you complies with these terms and whether any such content submitted, posted, or published by you will be used for any purpose, including in any marketing or publicity.

   1.2 To grant to us all intellectual property, privacy, personality, and other rights in each submission or post that is submitted, posted, or published by you and each of its constituent parts, which rights include, but are not limited to, the right to edit, translate, publish, make available to the public, and/or reproduce such submission or post through any media available at any time in any medium, in any promotional materials, and at any other location, whether physical or online, that we, in our sole discretion, deem appropriate. In addition, you hereby waive any moral rights in the submission or post in our favour and warrant and agree that any moral rights in the submission or post have been waived and not to assert any claims based on them. You acknowledge and agree that we may freely use the content and the attribution of submission or post, as well as any ideas from any submitted, posted, or published content in association with any product, service, cause, institution, or in any other manner as we see fit.

   1.3 To warrant that nothing in your submission or post infringes on any copyrights, trademarks, confidential information, trade secrets, or any intellectual property rights belonging to any person or entity other than you unless a suitable licence, clearance, or permission has been obtained by you, proof of which may be required by us.

   1.4 To indemnify and hold us harmless, and each of our affiliates and each of their and our respective owners, officers, directors, shareholders, employees, agents, contractors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines, or expenses of any kind whatsoever, including legal fees, disbursements, and charges that result from, are based upon, arise out of or relate to any breach by you of these terms, including without limitation, any third-party claim, suit, action, or proceeding that your submission or post infringes or misappropriates such thirty-party's copyrights, trademarks, confidential information, trade secrets, or any intellectual property rights.

   1.5 To fully and forever release and discharge us and each of our affiliates, licensees, and each of their and our respective owners, directors, officers, shareholders, employees, agents, contractors, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines, or expenses of any kind whatsoever, including legal fees, disbursements, and charges which you or your heirs, representatives, executors, administrators, or any other person's action on your behalf or on behalf of your estate, have or may have by reason of:

   1. our exercise of any rights granted by you under these terms; or

   2. claims based on violation of any law or third-party right, including but not limited to, infringement of any intellectual property right, including, but not limited to, copyright or trademark, or violation of any privacy or personality rights.

   1.6 To covenant not to make or bring any such claim against us or any of the other Released Parties, and forever release and discharge us and all other Released Parties from liability under such claims.

2. General

   2.1 If any provision of these terms is determined to be invalid or unenforceable in whole or in part, it will be deemed not to affect or impair the validity of the remaining provisions hereof. For the purposes of this section, “provision” means any severable section, sentence, phrase, or word which least alters the intent of these terms.

   2.2 These terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario.