These terms and conditions (“Terms”) govern your use of the Action Canada Foundation website (the “Site”). Please read these Terms carefully because your use of the Site, other than to review these Terms, signifies your consent to be bound by and to comply with these Terms. If you have any questions, comments or concerns regarding the Site or these Terms, please contact us at the addresses set out on the Contact Us page. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE.
Proprietary Rights and License to Use
The Action Canada Foundation (herein and throughout the Site referred to as “Action Canada”) is the owner or authorized user of all intellectual property rights, including copyright, in and to any information and materials contained on the Site, as well as any forms, images, designs, photographs, videos, music and other sounds, trademarks, tradenames, trade dress, product names, service marks, logos and the like, registered or unregistered, which appear on the Site, including their selection, arrangement and coordination. The entire content of the Site is protected as a collective work under Canadian, US and international copyright laws. Except as expressly provided in these Terms, you may not use, access, copy, download, post, display, link, deep link, rent, lease, loan, sell, publish, distribute, modify or create derivative works of any information, materials, images, trademarks or other intellectual property on the Site without Action Canada’s express prior written consent. Trademarks appearing on the Site are owned by Action Canada or their respective owners, and will not be deemed to be in the public domain.
Subject to your compliance with these Terms, Action Canada grants you a limited, personal, non-exclusive, non-transferable license to (i) access the Site, and (ii) use, download, print and/or save the information contained on the Site, solely for your personal use in connection with your review, application and/or nomination for, contribution to, and participation in Action Canada programs, provided that these materials are not modified and that all copyright and other proprietary rights notices contained in or on those materials are retained. Any other use of the Site or of any materials derived from the Site is strictly prohibited. Further, certain downloadable files from this Site may be the property of third parties. Such files will be identified accordingly, and you acknowledge that Action Canada supplies these files to you as a service subject to these Terms. Nothing contained herein shall be construed as a grant by Action Canada or by the third party owner of the files of any proprietary rights in the files or related materials.
User Information – Acknowledgement and Consent
The Site may be used only for lawful purposes, and all interactions on this Site must comply with these Terms. Misuse or unauthorized use of the Site, Action Canada’s network and systems, or of any information, images or other materials on the Site is strictly prohibited. Without limiting the generality of the foregoing, Action Canada specifically prohibits the use of the Site, or any content contained on the Site, for any of the following purposes: (i) engaging in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal or international law or accepted Internet protocol; (ii) posting or uploading information that is inaccurate, incomplete, false or libellous; (iii) communicating, transmitting, uploading or posting material that is protected by copyright, trade mark or trade secret, or which infringes upon the intellectual property rights of any other party, unless permission to use the material has first been obtained; (iv) communicating, transmitting, uploading or posting material that infringes the privacy rights of any other party, unless permission to so use the material has first been obtained; (v) communicating, transmitting, uploading or posting material that is obscene, vulgar, abusive, defamatory, threatening, racist, sexist or otherwise objectionable; (vi) attempting to interfere with Action Canada’s data, network or network security; (vii) advertising, soliciting or otherwise promoting the sale or other distribution of products or services; (viii) filing, undertaking or pursuing any claims, proceedings, suits or actions against Action Canada, its officers, directors, employees or representatives; (ix) using or attempting to use the Site to gain unauthorized access to any other party’s data or network; or (x) otherwise using the Site in a manner that could, in Action Canada’s opinion, adversely affect the ability of other users to use the Site or the Internet, including the posting or transmitting of information or data containing worms, viruses, Trojan horses or other disruptive components.
No Warranties or Representations Regarding the Site
Information contained on the Site is provided by Action Canada as a convenience only. You understand that access to the Site may be delayed, interrupted, suspended or terminated from time to time, and Action Canada will have no liability for such delays, interruptions, suspensions or terminations, or any lost data or any other losses, costs or damages, whether or not due to the fault of Action Canada. While Action Canada uses reasonable efforts to include only accurate and up-to-date information on the Site, you acknowledge that inaccuracies, including typographical errors, may occur from time to time. THE SITE IS PROVIDED “AS IS”, AND ACTION CANADA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO INFORMATION AND MATERIALS ACCESSED FROM OR THROUGH THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR REPRESENTATIONS CONCERNING FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RESULTS, COMPLETENESS, TITLE, NON-INFRINGEMENT, USEFULNESS OR UNINTERRUPTED ACCESS. FURTHER, ACTION CANADA DOES NOT WARRANT THAT THE SITE, OR ANY INFORMATION PROVIDED THROUGH USE OF THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, NOR DOES IT WARRANT THAT THE SITE WILL SATISFY ALL EXPECTATIONS OR USER REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITE OR ITS CONTENTS, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE.
You are solely responsible for obtaining, maintaining and paying for all telecommunications, computer hardware and other equipment and services required to access and use the Site. Use of the Site is at your own risk. Action Canada assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment or other property as a result of your access to, use, or browsing of the Site, or from downloading any materials, data, text, images, video or audio from the Site.
No Action Canada Liability for Third Party Content
Action Canada is a distributor, and not a publisher, of any content supplied by any third parties, including other users of the Site or users of any third party social media sites accessed through the Site. You agree that Action Canada does not have editorial control over any such third party content. Advice, opinions, representations, statements, comments, ratings, criticisms, or other information or content expressed or made available by third parties (“Third Party Content”) are those of the respective third party author and not of Action Canada, and Action Canada does not endorse and expressly disclaims any liability in respect of such Third Party Content. You agree that you are solely responsible for determining the accuracy, completeness, legitimacy, legality and usefulness of any Third Party Content, and your reliance upon any such Third Party Content.
This Site may contain hyperlinks to social media sites and other web sites (“Linked Sites”) that have been developed by parties other than Action Canada and/or which are not under the control of Action Canada. Action Canada provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Action Canada or its agents of the Linked Sites, or of any programs, products or services offered on or through the Linked Sites, and Action Canada does not monitor users’ use of the Linked Sites. Further, Action Canada is not responsible for the content of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained in those Linked Sites. You should review any such terms and conditions carefully, as you are solely responsible for your use of any Linked Site.
Disclaimer and Indemnity
IN NO EVENT WILL ACTION CANADA, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SITE, AND EXPRESSLY EXCLUDES ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THE USE OF, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, OR ANY CONTENT OR LINKED SITES ON OR ACCESSED THROUGH THE SITE, EVEN IF ACTION CANADA HAD BEEN ADVISED OF, OR SHOULD HAVE REASONABLY FORESEEN THE POSSIBILITY OF SUCH DAMAGE. ALL CLAIMS MUST BE BROUGHT WITHIN SIX MONTHS OF THE OCCURRENCE OF THE CAUSE OF ACTION.
You agree to defend, indemnify and hold Action Canada, its affiliates and their respective directors, officers, employees, agents and representatives harmless from and against any and all liabilities, costs and expenses, including reasonable legal fees, in any way related to or arising from any violation of these Terms by you, or in connection with your use of the Site, or as a result of the posting or transmission of any materials or information on or through the Site by you.
You acknowledge and agree that you are solely responsible for interactions with other users of the Site. To the extent permitted by law, you agree to release and hold Action Canada harmless from any claims and other liability arising from or related to the acts or omissions of any other user of the Site.
Action Canada may, but is under no obligation to monitor the Site, and assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site (including any microsites, forums, commentary and discussion groups on the Site), by any party other than Action Canada.
Action Canada reserves the right at any time, and from time to time, to revise these Terms by updating the Site. Accordingly, you should review these Terms each time that you access the Site because by visiting the Site you agree to accept any such revisions. Action Canada further reserves the right at any time in its sole discretion, for any reason or for no reason, with or without notice, and without liability: (i) to modify the contents of the Site; (ii) to revise, remove, suspend or terminate any aspect of the Site, including any information, policies, and terms and conditions contained on the Site; (iii) to impose rules and limits on the use of the Site, and/or (iv) to limit or terminate your access to all or any part of the Site.
The Site is controlled and operated from the Province of British Columbia, Canada, although information may be stored on servers located in other jurisdictions, including the United States. The programs described on this Site are offered only in jurisdictions where they may be legally offered, and are available only to persons to whom they may be lawfully made available. You agree to comply with all applicable laws, rules and regulations governing your use of the Site.
The failure by Action Canada to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
The individual terms and conditions constituting these Terms are severable. If any term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law, and all other provisions of these Terms shall remain in full force and effect.
By visiting the Site, you agree that these Terms are governed exclusively by the laws of the Province of British and the federal laws of Canada applicable therein (excluding conflicts and choice of laws principles), and you agree to be bound by the laws of these jurisdictions. Any legal relationship formed through the use of this Site will be deemed to have been formed and executed within the Province of British Columbia, Canada. The courts of the Province of British Columbia shall have exclusive jurisdiction over all matters arising under these Terms or otherwise in connection with your use of the Site.