This website (the “Website”) is owned and operated by Samaritan’s Purse Canada (“SPC”). Access and use of this Website and its related services (the “Services”) is provided by SPC to you on condition that you accept these Terms of Use, and by accessing or using this Website or the Service, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website or the Service.
These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”) and You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.
You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may only use this Website and the Services for lawful purposes.
IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF OR REGISTRATION WITH THIS WEBSITE OR THE SERVICES, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THIS SITE AND THE SERVICES.
1. INFORMATION PURPOSES ONLY
The contents of the Website and the Forums (as defined below), if any, are for informational purposes only.
2. JURISDICTION
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services without the consent of your parent or guardian.
By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
3. PRIVACY
SPC is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our Website Privacy Policy for further details.
You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including the personal information that you provide us, may be transferred across national borders and stored or processed in countries other than Canada.
4. MONITORING, EDITING AND DISCLOSURE OF COMMUNICATIONS
SPC has the right, but not the obligation, to monitor any activity and Content associated with comments or forums. For greater certainty, SPC may: (i) investigate any suspected or reported violation of its policies or complaints; (ii) issuing warnings; (iii) suspend or terminate service; and/or (iv) remove, screen or edit any Content.
SPC maintains the right at all times to edit, disclose, refuse to post, request removal of, or remove any Content as may be necessary to comply with any law, regulation or government or agency request or if, in SPC’s sole discretion, such Content is objectionable or in violation of these Terms of Use. SPC may access and disclose any information it considers necessary or appropriate, including, without limitation, posted Content, user profile information (e.g., name, e-mail address), IP address and traffic information, and usage history to: (i) protect SPC’s systems and customers; (ii) ensure the integrity and operation of SPC’s business and systems; or (iii) cooperate with legitimate governmental requests, subpoenas or court orders, if required.
5. SPC’S RIGHTS TO MATERIALS PROVIDED BY USERS
SPC is pleased to receive your comments regarding our Website. However, any or all material and information provided by you to us through our Website may be included in a database owned by SPC and/or its affiliates in which we have rights and interest, including, but not limited to, a compilation copyright. We maintain the right to use any information or materials you provide to us or that we obtain through your use of the sites to the fullest extent permitted by law.
You grant to SPC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Content, or other information or materials that you provide to us through the Website, including any ideas or original materials contained in such communications, in all media now known or hereafter developed (the “User Materials”), and you waive: (i) all moral rights in the User Materials; (ii) all rights to any claim against SPC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Materials; and (iii) agree and understand that SPC is under no obligation to use any material or ideas contained in the User Materials in any way whatsoever.
6. EMAIL
You acknowledge that transmissions to and from our site are not confidential and that your communications may be read or intercepted by others. SPC shall not be responsible for the payment of any amounts to any party in connection with SPC’s use of communications submitted by you to our sites. You agree with respect to any information provided by you to us through this Website or via e-mail that:
- SPC has no obligation concerning such information, but will endeavor to assist and give support in response to questions concerning faith in Jesus Christ and related spiritual inquiries, as may be applicable;
- the information transmitted to our website or email service maybe read of intercepted by others, however when personal information is received by SPC, its affiliates, its staff, or volunteers will be maintained in accordance with SPC’s privacy policy;
- SPC may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
7. INTELLECTUAL PROPERTY
Other than each user’s Content, all materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of SPC and its licensors and may be protected by intellectual property laws, including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. All rights not expressly granted under these Terms of Use are retained by SPC.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. Unless specifically authorized to do so by SPC in writing, you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose; (b) copy, reproduce, distribute, download or record the Materials for any commercial use; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) copy, publish or post any of the Materials on a computer network or any type of media; or (f) create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with SPC, any other use of these Materials without SPC’s written permission is prohibited.
You may not use the SPC logo, or any other graphic or trademark at any time for any purposes or to link to SPC, unless authorized by SPC.
8. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.
SPC shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. SPC recommends that you install appropriate anti-virus or other protective software.
9. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
THIS WEBSITE, THE SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SPC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE, THE SERVICES, AND THE MATERIALS AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE SERVICES, AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL SPC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “SPC PARTIES”) BE LIABLE FOR ANY GENERAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL ANY OF THE SPC PARTIES BE RESPONSIBLE FOR YOUR USE OR RELIANCE OF ANY CONTENT ACCESSED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE (INCLUDING THE FORUMS).
NOTWITHSTANDING ANY OTHER PROVISION HEREIN, SPC’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE , THE SERVICES, OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify and hold harmless SPC from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any other person or entity arising out of or relating to your conduct, your Content, your violation of these Terms of Use, the use of the User Materials, or your violation of any rights of another person or entity. You agree that you shall be solely liable for the Content of any messages or other information that you upload or transmit to this site, including the discussion forums, blogs or interactive areas of the Website.
12. TERMINATION OF THE LICENSE TO USE THIS SITE
SPC may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that SPC shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.
SPC may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services. Your obligations under these Terms of Use will survive the termination of these Terms of Use.
13. CURRENCY OF WEBSITE
SPC updates the information on this Website periodically. However, SPC cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. SPC may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
14. LINKS
This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that SPC monitors or endorses these websites. SPC does not accept any responsibility for such websites and shall not be liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
SPC is not responsible for hypertext links from any and all third-party websites to the Website, and forbids anyone from establishing such a link without SPC’s prior written authorization.
15. APPLICABLE LAW
This Website is controlled, operated and administered by SPC from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against SPC relating to any such claim or dispute and you also agree to opt out of any class proceedings against SPC. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
16. GENERAL
SPC makes no representation that access to this Website or that the information contained therein is appropriate or legal in all jurisdictions. In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.
SPC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.
