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VICTIMS AGAINST NO FAULT
INTERNET WEBSITE TERMS OF USE
Last
Revised: July 24, 2007
This Terms of Use Agreement (this "Agreement") governs your access and use of the website located
at www.victimsagainstnofault.org. The Victims Against No Fault Organization
("Victims Against No Fault")
owns and operates the services located at www.victimsagainstnofault.org (the
"Site").
IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING.
1.
Acceptance of Terms
By accessing and continuing to use the Site, you are indicating your
acceptance to be bound by the terms and conditions of this Agreement. If you do
not accept these terms and conditions, please do not access or use the Site.
2.
Modifications and Notices
Victims Against No Fault may revise this Agreement, at any time, by
updating this posting. Victims Against No Fault may provide notice to our users
of such revisions by means of a general notice on the Site. Continued use of the
Site after such revisions are posted will signify your agreement to these
revised terms. Therefore, you should visit this page periodically to review this
Agreement.
3.
Ownership
All materials displayed or otherwise accessible on the Site, including
without limitation, text, photographs, images, illustrations, graphics, icons,
code (collectively, "Materials")
and the selection and arrangement of the content of the Site are protected by
copyright, pursuant to Canadian copyright laws, international conventions and
other copyright laws. Victims Against No Fault either owns the intellectual
property rights, including copyright, or has acquired the necessary rights
and/or licences, in the Materials. Portions of the Materials may have been
licensed to Victims Against No Fault and/or published on the Site by third
parties. Any reproduction, modification, publication, transmission, transfer,
sale, distribution, display or exploitation of the Site or Materials, whether in
whole or in part, without the express written permission of Victims Against No
Fault is strictly prohibited.
4.
Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a
limited licence to access, view and use the Site, including a limited licence to
download, print and store single copies of Materials from the Site, for your
personal, non-commercial use, provided that you maintain all copyright and other
notices contained in such items. Such Materials must not be reproduced,
republished, or disseminated in any manner or form without the prior written
consent of Victims Against No Fault.
5.
Children
The Site is not intended to be
accessed or used by minors. Minors in the country, province or state in which
they live, can only use the Site in accordance with applicable laws and with the
approval of a parent or guardian.
6.
Submissions
As permitted by the Site, you may submit content
("Messages") through
portions of the Site such as the Tell Us Your Story page. Victims Against No
Fault accepts no responsibility whatsoever in connection with, or arising from,
such Messages. Victims Against No Fault does not endorse the content of Messages
submitted by users to the Site.
While using the Site, you must comply with all
applicable laws, rules and regulations. In addition, use of the Site is based on
the following rules of conduct. You will not:
(a)
post, transmit, or otherwise make
available any Messages that are or may be (i) threatening, harassing, degrading,
hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv)
obscene, indecent, pornographic, or otherwise objectionable; or (v) an
infringement of another person's privacy by disclosing the personal information
of another individual without their knowledge and consent;
(b)
post, transmit, or otherwise make
available any Messages that may violate the
proprietary rights of any third party, including, without limitation,
copyrighted software, photographs, texts, videos or artwork or any moral rights
associated therewith;
(c)
use the Site in a manner which will
violate or solicit the violation of any applicable local, provincial,
territorial, state, national or international law, rule or regulation;
(d)
use the Site to post, transmit, or
otherwise make available any material which would give rise to criminal or civil
liability; which encourages conduct that constitutes a criminal offence; or
which encourages or provides instructional information about illegal activities,
or activities such as computer hacking;
(e)
impersonate any person or entity,
including, but not limited to, any representative of Victims Against No Fault;
falsely state or otherwise misrepresent your affiliation with any person or
entity; or express or imply that we endorse any statement you make without our
prior written consent;
(f)
post, transmit, or otherwise make
available any virus, worm, trojan horse, spyware, or any other computer code,
file, or program that may, or is intended to, damage or hijack the operation of
any hardware, software, server or telecommunications equipment;
(g)
interfere with or disrupt the Site; or
(h)
post, transmit, or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," investment opportunity, or any other form of
solicitation.
You agree that any Messages whatsoever submitted by you become the
property of Victims Against No Fault, you waive any moral rights you may have in
respect thereof, and agree that such Messages may be collected, used, disclosed,
copied, sublicensed and published, displayed or deleted as Victims Against No
Fault sees fit.
Any person who is found or reasonably suspected to have violated the
rules of conduct provided above shall be barred from using the Site and may be
subject to other legal remedies.
7.
Links
The Site includes links to other Internet sites solely
as a convenience to users. Victims Against No Fault does not endorse any such
linked sites or the information, material, products or services contained on
other linked sites or accessible through other linked sites. Furthermore,
Victims Against No Fault makes no express or implied warranties with regard to
the information, material, products or services that are contained on or
accessible through linked sites. Access and use of linked sites, including
information, material, products and services on linked sites or available
through linked sites is solely at the user’s own risk.
8.
Linking
To request permission to link to the Site, please
advise Victims Against No Fault through the Contact Us portion of the Site.
Victims Against No Fault reserves the right to cancel and revoke any permission
it may give to link to the Site at any time, for any reason, without any notice,
and without any liability to you or any other person.
9.
No Warranty
Access to the Site and the Materials provided on the
Site are provided "as is" and without warranties of any kind either
express or implied. By accessing and using the Site, you acknowledge and agree
that it is entirely at your own risk. Victims Against No Fault makes no
representation or warranties regarding the Site, Materials and Messages,
including, without limitation, that the Materials or Messages provided will be
accurate, complete, correct, timely or suitable, that any services contained on
or made available through the Site may be relied upon by you or fit for a
particular purpose, that the Site will be available at all times or that the
Site will be free from errors, viruses or other harmful components. Victims
Against No Fault is not responsible for any Materials, Messages or other
information on the Site or any linked site that you may find offensive,
undesirable or objectionable. Further, Victims Against No Fault specifically
disclaims any responsibility or liability for the accuracy, completeness,
correctness, timeliness or usefulness of third party information. To the fullest
extent permissible pursuant to applicable law, Victims Against No Fault
disclaims all warranties, express or implied, including, but not limited to,
warranties and conditions regarding use of the Site, including all implied
warranties or conditions of merchantability, fitness for a particular purpose or
non-infringement, whether express or implied, or arising from a course of
dealing, usage or trade practice.
10.
Limitation Of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Victims Against No Fault, ITS OFFICERS OR DIRECTORS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER
CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE,
THE SITE, ANY ACCURACY, TIMELINESS, INCOMPLETENESS, OR INCORRECTNESS CONTAINED
ON THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR
ACTING UPON THE MATERIALS ON THE SITE, INCLUDING ANY LOSS OR DAMAGES IN THE
NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OF PROFITS,
REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW
OR OTHERWISE AND WHETHER OR NOT Victims
Against No Fault HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.
Indemnity
You agree to indemnify and hold Victims Against No Fault, its officers,
directors, subsidiaries, affiliates, employees, representatives, agents,
licensors and their respective successors and assigns harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of Messages you submit, post to or transmit through the Site, your
use of the Site, your connection to the Site, your violation of the law, this
Agreement or the rights of another.
12.
Trademarks
Certain words, phrases, names, designs or logos on the Site may
constitute trademarks, services marks, or trade names of Victims Against No
Fault or others. The display of such marks on the Site does not imply that you
have been granted a license by Victims Against No Fault or other entities with
respect to them.
13.
International Matters
Unless otherwise specified, the Materials in the Site are presented
solely for the purpose of promoting products and services available in Canada.
We make no representation that the Site, its Materials or Messages on the Site
are appropriate or available for use in any particular location. Those who
choose to access the Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
14.
Termination
If
you breach any provision of this Agreement, you may no longer use the Site.
Victims Against No Fault may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate (in whole or
in part) your permission to use the Site, all without any notice or liability to
you or any other person.
Victims
Against No Fault reserves the right to cease, suspend or interrupt operation of
or access to the Site or any part thereof, and shall not be required to provide
any notice in respect of such cessation, suspension or interruption of access,
nor shall Victims Against No Fault have any liability for such cessation,
suspension or interruption of access.
The
provisions of Sections that are by their nature intended to survive termination
of this Agreement shall survive termination of this Agreement including, but not
limited to, sections 9, 10 and 11 of this Agreement.
15.
Miscellaneous
The failure of Victims Against No
Fault to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. These terms shall be governed by
and construed in accordance with the laws of the Province of Manitoba, and the
laws of Canada applicable therein, as to the interpretation, validity and effect
of this Agreement, notwithstanding any conflict of law provision or your
domicile, residence or physical location. You hereby consent and submit to the
exclusive jurisdiction of the courts of the Province of Manitoba in any action
or proceeding arising out of or relating to this Agreement. If any provision of
these terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This Agreement may be
assigned by Victims Against No Fault without restriction.
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