Date: May 22, 2011
IMPORTANT! YOUR ACCESS TO THIS WEBSITE LOCATED AT www.missingkids.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., which organization operates the Website (the “Organization”). The term “Website” when used will include the Website and all information, content, reports, data, graphics, web pages, text, files, forms (including intake and registration forms, “report a sighting” forms, “Contact Us” forms and donor forms), artwork, images, software, product names, icons, company names, trademarks, logos and trade names contained on the Website, including the manner in which the said content is presented or appears. By accessing the Website or submitting a form through the Website, you are agreeing 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 your use is at your sole risk.
Amendment. The Organization 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 Organization, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content and may terminate this Agreement at any time. The Organization may also impose limits on your ability to access certain features and services or restrict your access to part or all of the Website without notice or liability.
Ownership. The Website is protected by intellectual property, copyright and trademark laws. Except as expressly licensed to you, the Organization retains all right, title and interest in and to the Website, including all intellectual property rights. You do not own the Website.
Licence. The Organization 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 license of any of the Organization’s rights to the content or the content of third parties displayed or accessed through the Website. The Website and its contents cannot be used or reproduced by you for commercial purposes. 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.
Pictures of missing children. Pictures of missing children are included on the site only to facilitate the identification and location of such children. Site users are not permitted to use, reproduce or download the pictures for any other purpose without specific consent from either the parent or legal guardian, or the Organization. Any use, reproduction or download of a picture or pictures of a missing child(ren) is subject to the terms and conditions that appear when a user attempts to access and/or download such picture(s).
Restrictions. Subject to the licence, you may NOT (1) provide others with access to the Website; (2) create derivative works, copy, publish, reproduce, rent, sublicence, publish, 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 Organization 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; 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. We reserve the right to manage this Website and its operations in order to optimize its efficiency for the benefit of all users. We may take any other action we deem appropriate in order to help ensure the integrity of the Website for all users.
Disclaimer. Note that 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, and should be accessed and used by you at your own risk.
License To Use Your Information. With the exception of personal information which is subject to section 8 of this Agreement, you grant to the Organization a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, use, copy, reproduce, publish, share, loan, distribute, create derivative works of, translate, modify, sub-license, make available to any person or otherwise use, any information or content you send to the Organization by e-mail or other correspondence (such as forms), including without limitation, any ideas or concepts, or any intellectual property contained therein, for any purpose whatsoever. The Organization will not be subject to any obligations of confidentiality regarding any such information and content unless specifically agreed by the Organization 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 responsible for whatever information and content you submit, and that you, and not the Organization, have full responsibility for the information and content, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your information and content.
Use of Personal Information. You acknowledge that the Organization collects, uses and discloses personal information through this Website for the identified purposes set forth in the Privacy Statement posted on the Website (the “MissingKids.ca Privacy Statement”). From time to time, you may choose to submit Personal Information to the Organization through this Website. By submitting such information, you consent to the collection, use and disclosure of such information in accordance with MissingKids.ca Privacy Statement and any other terms and conditions that may have been agreed upon at the time information was provided and thereafter. For details concerning the MissingKids.ca Privacy Statement please click here.
Accuracy. The Website is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Website is not intended to be used as a substitute of any kind for professional advice. The information on the Website is believed to be reliable when posted. Although reasonable efforts are used to ensure that the Website will be current and will contain no errors or inaccuracies, the Organization 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 Organization 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 Organization 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 Organization; and/or (3) the use of links to other websites, whether or not any such damages are or might be foreseeable or caused in whole or in part by the negligence of the Organization, and even if the Organization 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 Organization 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 Organization 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 Organization; and/or (3) the use of links to other 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 Organization and you. You agree that the Organization 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 Organization 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. The Organization may provide links to other websites which are provided for your convenience. The Organization 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 websites and is not liable for any issues arising from your using those websites. Access to linked websites is at your own risk. In providing links to the other websites, the Organization is in no way acting as a publisher or disseminator of the material contained on those other websites and does not seek to monitor or control such websites. A link to another website should not be construed to mean that the Organization 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. MissingKids.ca will not be responsible for the actions of third parties. You should read the posted polices and agreements whenever interacting with any web site.
Monitoring. The Organization has no obligation to monitor the Website. You agree that the Organization 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 or other users of the Website, or where it suspects abuse 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. We have required that 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 Organization 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.