These Terms and Conditions of Use were last updated February 7, 2019.
IMPORTANT! YOUR ACCESS TO THE WEBSITE LOCATED AT www.commit2kids.ca (the “Website”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING AND/OR USING THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITE. ACCESS TO AND/OR USE OF THE WEBSITE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL AGREEMENT TO THESE TERMS AND CONDITIONS.
- Enforcement. This is an Agreement between you and the Canadian Centre for Child Protection Inc. (the “Canadian Centre”), which organization operates the Website. The term “Website” when used will include the Website and all content made available through the website, including without limitation: information, content, reports, downloadable documents in “.pdf” or other format, data, graphics, web pages, text, video, audio, files, forms (including “Contact Us” and donor forms), artwork, images, software, product names, icons, company names, trademarks, logos and trade names contained on the Website, and it includes the manner in which the said content is presented or appears. By accessing the Website or submitting a form through the Website, you agree to be bound by the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue use of it. You acknowledge, by your use of the Website, that such use is at your sole risk.
- Amendment. The Canadian Centre reserves the right to amend these terms and conditions at any time without prior notice to you and such amendments will be effective immediately upon posting the modified Agreement on the Website. By using the Website, you are agreeing to be bound by the then-current version of these terms and conditions of use. The Canadian Centre, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature or content and may terminate this Agreement at any time. The Canadian Centre may also impose limits on your ability to access certain features and content or restrict your access to part of or the entire Website without notice or liability.
- Licence. The Canadian Centre grants to you a personal, limited, non-transferable and non-exclusive licence to temporarily access, and use the Website on any single computer for your own personal use. This Agreement is not a transfer or a licence of any of the Canadian Centre’s rights to the content or the content of third parties displayed or accessed through the Website. The Website and its content cannot be used or reproduced by you for commercial purposes or financial gain. Any document that is made available for download may be saved to an electronic retrieval system, printed, or viewed, and such saved/printed copy may be used strictly for personal use or for non-commercial educational use, and each such document is subject to the rights and limitations set out on the document. If there is a conflict between the permissions granted for the Website and its content through this section 4, and the permissions that may be expressly set out in a document or other content made available for download from the Website, the permissions set out in the document or other content shall prevail.
- Restrictions. Subject to the licence in section 4, you may NOT (1) provide others with access to the Website; (2) create derivative works, copy, publish, reproduce, rent, sublicence, modify, reverse engineer, decompile, transfer, translate, or resell for profit copies of the Website, or any portion thereof, in any form or by any means whatsoever, be they physical, electronic or otherwise; (3) do anything to harm the functioning or content of the Website; (4) attempt to upload, insert or change any information or image to or on the Website; (5) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Canadian Centre or allow any third party to access the Website; (6) redeliver any of the Website using “framing”, hyperlinks, or other technology without express written permission from the Canadian Centre; or (7) remove any copyright or other proprietary notices from the Website. You are also prohibited from using the Website for activities that include, but are not limited to: impairing the operations or efficiency of the Website or creating an unusually large burden on the Website, or otherwise generating levels of traffic sufficient to impede the ability of other users of the Website to transmit information to the Website or receive information from the Website. The Canadian Centre reserves the right to manage the Website and its operations in order to optimize their efficiency for the benefit of all users. The Canadian Centre may take any other action it deems appropriate in order to help ensure the integrity of the Website for all users.
- Disclaimer. The Website is provided “AS IS” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose. Your access and use of the Website is at your own risk.
- Licence to Use Your Information. With the exception of personal information which is subject to the terms set out in section 8 of these terms and conditions of use, you grant to the Canadian Centre a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable licence to run, display, use, copy, reproduce, publish, share, loan, distribute, create derivative works of, translate, modify, sub-licence, make available to any person or otherwise use, any information or content you send to the Canadian Centre by e-mail or other correspondence (such as forms made available through the Website), including without limitation, any ideas or concepts, or any intellectual property contained therein, for any purpose whatsoever. The Canadian Centre will not be subject to any obligations of confidentiality regarding any such information and content unless specifically agreed by the Canadian Centre in writing or required by law. You represent and warrant that you have the right to grant the license set out above. You waive any moral rights that you may have to such information and content. Please remember that you are in control of the information and content you choose to submit to the Canadian Centre, and that it is you, and not the Canadian Centre, who bears full responsibility for the information and content so submitted. You should not reveal trade secrets or other confidential information in any information and content you send to the Canadian Centre.
- Accuracy. The Website is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific third party product or service or course of action. The Website is not intended to be used as, or as a substitute for, professional advice. The information on the Website is believed to be reliable at the time it is posted. Although reasonable efforts are made to ensure that the Website is current and does not contain errors or inaccuracies, the Canadian Centre cannot guarantee that the Website is accurate or error-free or that it will be current at all times. The information on the Website is subject to change without notice, and the Canadian Centre reserves the right in its sole discretion to correct any errors or omissions in any part of the Website.
- Limitation of Liability. Under no circumstances shall the Canadian Centre or any of its employees, directors, officers, agents, affiliates, licensors or suppliers be liable for any damages whatsoever arising out of or related to (1) access to or use of the Website; and/or (2) any information or content you send to the Canadian Centre; and/or (3) the use of links to third party websites, whether or not any such damages are or might be foreseeable or caused in whole or in part by the negligence of the Canadian Centre, and even if the Canadian Centre is informed of their possibility, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. Without limiting the generality of the foregoing, the Organization assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Website.
- Indemnity. You agree at all times to indemnify, defend and hold harmless the Canadian Centre and any of its employees, directors, officers, agents, affiliates, licensors and suppliers of all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Canadian Centre directly or indirectly in respect of (1) access to or use of the Website; and/or (2) any information or content you send to the Canadian Centre; and/or (3) the use of links to third party websites.
- Remedies. You acknowledge that the exclusive remedies and limited liability set forth in this Agreement are fundamental elements of the basis of the bargain between the Canadian Centre and you. You agree that the Canadian Centre would not be able to provide access to the Website on an economic basis without such limitation.
- Termination. Without prejudice to any other of its rights, the Canadian Centre may terminate this Agreement, without notice to you, if you fail to comply with the terms and conditions of this Agreement. In the event this Agreement is terminated, you will no longer have access to the Website and you will return all information in your possession relating to the Website and all copies thereof. The terms of this Agreement will survive the termination or expiry of this Agreement.
- Linked Sites — 3rd Party. The Canadian Centre may provide links to third party websites which are provided for your convenience. The Canadian Centre does not endorse or take responsibility for the accuracy or appropriateness of the information, data, opinions, advice, statements, content, hyper-links, and information contained on those third party websites and is not liable for any issues arising from your use of those third party websites. Access to third party websites is at your own risk. In providing links to third party websites, the Canadian Centre is in no way acting as a publisher or disseminator of the material contained on those third party websites and does not seek to monitor or control such websites. A link to a third party website should not be construed to mean that the Canadian Centre is affiliated or associated with same. The mention of another party or its product or service on the Website should not be construed as an endorsement of that party or its product or service. Further, when you click on links and/or ad banners that take you to a third-party website, you will be subject to the policies of the third-party website and any applicable agreement posted thereon. The Canadian Centre will not be responsible for the actions of third parties. Whenever you are interacting with any third party website, you should carefully read its posted policies and agreements.
- Monitoring. The Canadian Centre has no obligation to monitor the Website. You agree that the Canadian Centre has the right to monitor the Website from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, to protect itself and/or other users of the Website, or where it suspects abuse, misuse, and/or unlawful activity.
- General Provisions. This Agreement cannot be assigned or transferred, in whole or in part, by you. This Agreement will endure to the benefit of and be binding upon each of us and our respective heirs, successors and permitted assigns. This Agreement will be governed by, and construed under, the laws of the Province of Manitoba and the laws of Canada applicable therein. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Manitoba courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods and The Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time. This Website, and these terms and conditions of use, are made available in both French and in English and each are equally valid. If you do not speak or understand French, then each party agrees this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This Agreement constitutes and contains the entire agreement between you and the Canadian Centre with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event that any provision of this Agreement is held by a court or a tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portion of this Agreement will remain in full force and effect.
Other. The following phrases/logos are registered in Canada as trademarks of the Canadian Centre for Child Protection Inc. These trademarks are not to be reproduced in any format without the express written permission of the Canadian Centre.
CANADIAN CENTRE for CHILD PROTECTION
Helping Families, Protecting Children
Commit to Kids