This website (the "Site") is owned and operated by Kids Cancer Care Foundation of Alberta ("Kids Cancer Care", and hereinafter also referred to as "us", "our" or "we"). The information contained on the Site or any product or service offered on the Site, and your access to this Site, are provided by Kids Cancer Care conditioned on your acceptance of these terms and conditions of use, including its Schedule “A”, set out below (collectively, the "Terms"). Your use of the Site shall constitute your binding acceptance of these Terms. If you do not accept and abide by these Terms, you should not access or use the Site.
We, Kids Cancer Care, reserve the right to modify or amend these Terms without notice at any time. As such, it is important that these Terms be read on a regular basis so that you are aware of any such changes.
By accessing any part of the Site, you agree to be bound by these Terms.
- Liability Disclaimer
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF THE INFORMATION CONTAINED HEREIN (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THIS WEBSITE). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. NOTHING CONTAINED ON THE SITE CONSTITUTES ADVICE, NOR SHOULD THE SITE, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SITE OR THE CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS, CONTRACTORS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, defend and hold harmless Kids Cancer Care and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site, your submission of any Photos and Submitted Content (each as defined herein) or any breach of your representations and warranties or any other provision of any license, release and waiver in these Terms or in Schedule “A” or by our use of the Photos or the Submitted Content, any violation of these Terms by you, or any violation of applicable law or rights properly belonging to another party by you.
- Links to Third Party Websites and Social Media
As a convenience, we may provide links to websites owned and operated by third parties and not controlled or maintained by Kids Cancer Care (“Third Party Sites”), including but not limited to Kids Cancer Care’s social media accounts, which include but is not limited to Facebook, Twitter and Youtube. Any such links are included solely for your convenience and are not an endorsement by Kids Cancer Care of the sites linked to, nor does Kids Cancer Care have any control over the content of any such Third Party Sites.
Please note that Kids Cancer Care does not make any representations, warranties or guarantees of any kind with respect to such Third Party Sites, including without limitation any representations, warranties or guarantees: (i) regarding the accuracy, currency, quality or appropriateness of the information contained on Third Party Sites, (ii) regarding merchantability, fitness for a particular purpose, or non-infringement of any material, content, goods or services located at or made available through Third Party Sites, and (iii) that the operation of Third Party Sites will be uninterrupted, error free or free from viruses or other harmful components. Linking to any Third Party Sites is at your sole risk and Kids Cancer Care will not be responsible or liable for any damages or loss caused by or in connection with such linking including without limitation any use of, or reliance upon, any content, goods or services available on or through any such Third Party Sites. You acknowledge and agree that Kids Cancer Care shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of, or reliance upon, any content, goods or services available on or through, any such Third Party Sites.
- Online Donations and Contributions and Registrations
- Refunds on Donations and Contributions
In accordance with Canada Revenue Agency guidelines, Canadian registered charities cannot refund donations. Therefore, as a registered charity, Kids Cancer Care Foundation of Alberta does not issue refunds for gifts received. Please contact us if you have any questions.
- Your Account
You may be required to establish an online account on the Site in order to access certain portions of the Site and/or use certain programs or services on the Site as provided by Kids Cancer Care (the “Login Site”). To establish an online account, you must enter your registration information, which includes, but is not limited to, your name, a username and password that you create, and a security question for your account. By establishing an online account, you agree to provide accurate and current information as required for registration and to update your information in a timely manner to ensure it remains accurate and complete. In submitting any information to Kids Cancer Care via the Site, including any personal information, you represent and warrant that the information submitted is true and accurate and that you have obtained all necessary approvals, consents and authorizations as may be required under applicable laws, including privacy laws, from any third party to disclose said information. You will be solely responsible for maintaining the confidentiality of any personal username(s) and/or password(s) required by you to access the Login Site, or required by you to use any of the services provided by Kids Cancer Care on the Login Site, and for all activities that occur while using such personal username(s) and/or password(s). You agree not to share your password, let anyone else access your account and/or the Login Site or do anything that might jeopardize the security of your account and you agree to be responsible for all acts or omissions with respect to your account. You agree to immediately notify Kids Cancer Care of any unauthorized use of your personal username(s) and password(s). To preclude the risk that use of an automatic log-in capability may jeopardize the security of your account, Kids Cancer Care recommends that you manually enter your username and password each time you access the Login Site.
The use of your username(s) and password(s) by you, or by any person with or without your knowledge or consent, is legally binding and makes you responsible to the same extent and effect as if you had given signed, written authorization to Kids Cancer Care. You authorize Kids Cancer Care to accept, without any further verification, and you agree to be responsible for, all activities with respect to your account and the Login Site when conducted using your username(s) and/or password(s).
We reserve the right to cancel any registration(s) or account(s) on the Site at any time, without notice or liability, for any reason, including for technical problems, irregularities or misuse.
- Protection of Visitors' Privacy
We may automatically collect visitors' non-personal information such as the type of internet browser or the website from which visitors linked to the Site. Visitors cannot be identified from such information and it is only used to assist us in providing effective services on the Site. We may from time to time supply third parties with this non-personal or aggregated data for use in connection with the Site.
- Cookies and Web Beacons
"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on the Site from time to time for this and other purposes.
- Intellectual Property
All content included on the Site (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names) (collectively, the “Content”), and any selection or arrangement thereof, is the exclusive property of Kids Cancer Care or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”).
Kids Cancer Care shall retain all rights, title, ownership and interests in the Content and any Intellectual Property rights therein. Except as expressly provided, nothing in these Terms or within the Site shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Content or Intellectual Property appearing on the Site without the prior written consent of Kids Cancer Care or any third party owner of the Content or Intellectual Property. Kids Cancer Care will take the appropriate legal action necessary to enforce its rights respecting any prohibited use of any Content or Intellectual Property appearing on the Site.
Certain words, phrases, names, designs or logos used on the Site (collectively, the "Marks"), and any links from the Site may constitute trademarks, service marks or trade names of Kids Cancer Care, used under license by Kids Cancer Care or other entities. The display of any such Marks does not imply that a license has been granted to you by Kids Cancer Care or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of Kids Cancer Care. The Marks include, without limitation, the names “Kids Cancer Care”, “Kids Cancer Care Foundation of Alberta”, “Camp Kindle”, “Big Book of Care”, “Shave Your Lid for a Kid®” and their respective logos.
By using the Site, you acknowledge that the unauthorized use of the materials contained on the Site may cause irreparable harm to Kids Cancer Care and that in the event of any unauthorized use, Kids Cancer Care shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Kids Cancer Care.
- User Submissions
All information, text, images, photos, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site submitted by you, whether publicly or privately posted, emailed, transmitted, uploaded or otherwise submitted to us via this Site ("Submitted Content") is your sole responsibility and any such post, email, transmission, uploading or other submission of such Submitted Content is subject to the Submission Release Terms and Conditions set out in Schedule “A” below (the “Submission Release Terms and Conditions”).
Please carefully read the Submission Release Terms and Conditions before submitting to the Site any Submitted Content. If you do not accept and abide by these Terms and the Submission Release Terms and Conditions, you should not submit any Submitted Content. By submitting Submitted Content to us or on the Site, such submission shall constitute your binding acceptance of these Terms and the Submission Release Terms and Conditions.
You also acknowledge and agree that you are entirely responsible for all Submitted Content that you post, email, transmit, upload or otherwise submit via this Site and/or pursuant to the services we make available via this Site, including, without limitation, the accuracy of such Submitted Content.
We do not control the Submitted Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed, transmitted, uploaded or otherwise submitted via the Site.
You agree to not use the Site to post, email, transmit, upload or otherwise submit any Submitted Content that:
- is offensive as determined by Kids Cancer Care, in our sole and unfettered discretion, including, without limitation, Submitted Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; and
- contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable any Content, any services provided by Kids Cancer Care or this Site and any world wide web pages or any operating system software or hardware on which such Content, service or Site is operated or displayed except as specifically designed into the Content.
We shall have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable, in Kids Cancer Care’s sole and unfettered discretion. You agree that you must evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, or usefulness of such Submitted Content. You acknowledge and agree that we may preserve Submitted Content and may also disclose Submitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect our rights, property or personal safety and those of our users and/or the public.
Under no circumstance shall any Submitted Content be subject to any obligation of confidentiality or expectation of compensation, except however, applications for employment shall be subject to confidentiality.
- User Conduct
In consideration of the availability and your use of the Site, you agree to comply with these Terms and all applicable laws when using the Site. You may use this Site only for your own personal, non-commercial information or entertainment purposes only. Additionally, you agree not to:
- interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
- sell, license, rent, reuse, adapt, publish, frame, post, upload, broadcast, copy, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose, without our prior express written authorization;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;
- use any third party’s likeness, name and/or properties without their express written authorization;
- use or attempt to use information about any person named or appearing on the Site without the prior written authorization of Kids Cancer Care;
- attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
- access any Content through any technology or means other than through the Site itself or explicitly authorized means permitted by Kids Cancer Care;
- not mirror the Site or any of its content on any other server without the express written permission of Kids Cancer Care; or
- use the Site for any commercial use, without the prior written authorization of Kids Cancer Care. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Kids Cancer Care’s express approval:
- sale of access to the Site or Services on another website; or
- use of the Site or Services for the primary purpose of gaining advertising or subscription revenue.
For greater certainty, prohibited commercial uses do not include any use that Kids Cancer Care expressly authorizes. We reserve the right to review, edit or delete any Content on the Site.
- Linking to Our Site
If you are interested in linking to the Sites from your site, please e-mail your request, which we may approve or deny in our sole discretion, to: [email protected].
- No Advice
The information contained on the Site is for general informational purposes only and is subject to change without notice. The information contained on the Site is unaudited, unless explicitly specified otherwise. The Site is not intended to provide specific individual advice including, without limitation, medical, treatment, investment, financial, legal, accounting or tax advice. In this regard, please contact your own professional advisor on your particular circumstances.
- Change of Terms and Conditions of Use
We may change the terms and conditions set out herein from time to time. By browsing the Site, visitors agree to be bound by the terms and conditions applicable at the time of each visit to the Site. Visitors should therefore check the terms and conditions of using the Site upon each visit to the Site.
We reserve the right at any time and for any reason to temporarily or permanently suspend visitors' rights to download any document or use any Content on the Site. Visitors must destroy any copies of such documents and cease to use or display any such Content if visitors receive a request to do so from us. We may terminate these Terms at any time without notice.
- Internet Communications
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. Kids Cancer Care is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Site.
- Governing Law and Jurisdiction
We control and operate the Site from Calgary, Alberta, Canada (regardless of where hosting servers are located). These Terms and all matters relating to the Site shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree that jurisdiction and venue for any legal proceeding relating to these Terms or the Site shall be in appropriate courts located in the City of Calgary. We do not warrant or imply that the Site or materials on it are appropriate for use outside Canada.
These Terms constitute the entire agreement between you and Kids Cancer Care with respect to the use of the Site. Kids Cancer Care's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right of Kids Cancer Care.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
Submission Release Terms and Conditions
- With respect to Submitted Content, you acknowledge that:
- any photographic materials or images (“Photos”) you publish, email, post, transmit or otherwise submit to us or to the Site shall be deemed Submitted Content. In addition to any other representations and warranties in the Terms and these Submission Release Terms and Conditions, you represent and warrant that you have full right and authorizations from the individuals in the Photos to publish or otherwise submit the same on the Site. You hereby grant to us a non-exclusive, irrevocable, royalty-free right and license, (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate the Photos in whole or in part, or any part thereof, (i) on any Kids Cancer Care website, including but not limited to the Site, now existing or to be created and however configured for any electronic distribution platform or device whether fixed or mobile (whether now known or to be devised and including, without limitation, phones, personal digital assistant, pagers and other wireless enabled devices and applications).
- by posting, emailing, transmitting, uploading or otherwise submitting any Submitted Content to the Site, you hereby irrevocably grant to us the unlimited right and license, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, publically display and perform, distribute and create compilations and derivative works from such Submitted Content, and to publish, reproduce and otherwise use and exploit the Submitted Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. We shall be entitled to edit the Submitted Content. Nothing herein shall obligate us to use or publish the Submitted Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed to any third party.
- we receive numerous submissions of ideas, stories and other materials from other sources and, in addition, we create and/or commission others to create on our behalf, such materials (collectively the "Foundation Materials"). The subject matter and substance and/or other elements (collectively the "Elements") contained in the Foundation Materials may be similar to those contained in the Submitted Content submitted by you. You expressly and irrevocably understand, acknowledge and agree that we accept the Submitted Content at your request, which request was and is deemed to have been made by you after having been submitted to us or advised by us that there are or may be pre-existing Foundation Materials which may have one or more Elements similar, or substantially similar, to those found in the Submitted Content.
- You irrevocably waive, in our favour any and all moral rights in connection with your Photos and the Submitted Content. We shall be entitled to use the Photos and Submitted Content you submit without compensation or obligation to you; and there is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and us, by virtue of the submission by you of the Photos or Submitted Content.
- You represent and warrant that:
- you own or control all of the rights in and to your Photos and the Submitted Content. The Photos and Submitted Content and every one of their component elements are wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licenses in order to authorize use of your Photos or Submitted Content for the above purposes;
- you have the right to grant the rights granted to us in this license. No further permissions, consents or payments are required from, or to, any third party in connection with the use of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with our rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;
- the Photos and the Submitted Content do not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order; and
- this license, the Photos and the Submitted Content shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with the exercise of our rights. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Photos or the Submitted Content to any guild, organization, corporation or collective or other person or entity whatsoever.
- We are the sole owner of all rights (including copyright) in the Site and in this capacity shall have the right to use the Photos and Submitted Content in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Photos and Submitted Content to accommodate publication requirements; and to add to, delete from, edit, alter and otherwise combine the content with any other content in any manner and in any media whatsoever.
- You expressly and irrevocably release and forever discharge Kids Cancer Care and its directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, the exercise of our rights in this license, release and waiver.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Kids Cancer Care, all of which such rights are hereby expressly and irrevocably waived by you in our favour.
- You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.