TERMS AND CONDITIONS OF USE

 

TERMS & CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

1. ACCEPTANCE OF TERMS

This Website is provided by the Canadian Pet Cancer Foundation (PCF), conditional on your full acceptance without modification of the Terms & Conditions set forth below. By visiting or using our Website, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions hereof for each use and each visit to our Website. If you disagree with those Terms and Conditions in full or in part, you must not use this Website.

The PCF reserves the right, in its sole discretion and for any reason, to modify, supplement, or amend these Terms and Conditions at any time without any notice or liability to you or any other person. The effective date of such changes is considered the date of the posting on our Website. Please check our Terms and Conditions frequently for updates. If you do not agree with the changes made in this Terms and Conditions, you should stop using the PCF Website immediately. Your continued use of the PCF Website is deemed as an acceptance of those changes.

The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Website page.

This Website uses cookies. By using this Website and agreeing to these Terms and Conditions, you consent to allow the PCF to use cookies in accordance with the terms of the PCF Privacy and/or Cookies Policy.

These General Terms and Conditions apply exclusively to your Use of this Website and it is not transferable to any other agreement you may have with the PCF.

 

2. CHANGES TO WEBSITE

The PCF may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Website, including (i) changing the availability of, limiting access to, or restricting any or all features or services on, or links to, the Site (ii) modifying, excluding or inserting charges or fees to guarantee access to and use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Website, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of the PCF is objectionable or in violation of the General Terms and Conditions. The PCF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice, but confirms that it has no duty to do so.

 

3. DESCRIPTION OF SERVICES

Through its Website property, the PCF provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). All Services provided by our Website and which are property of the PCF, including, but not limited to, any updates, improvement, new features, will bind to this Terms and Conditions.

 

4. OWNERSHIP OF INTELLECTUAL PROPERTY

The PCF Website contains copyrighted material, trademarks and other proprietary information – such as names, texts, graphics, logos, button icons, designs, words, images, titles, audio clips and phrases – and the entire contents of www.petcancerfdn.org are copyrighted as a collective work of the PCF and it is protected by Canadian and worldwide copyright and trademark laws and treaty. The PCF owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property or proprietary rights of the PCF or any third party.

 

5. CONTENT PRODUCED BY THIRD PARTY

By providing or posting any Material onto the PCF’s Website you hereby grant to the PCF a nonexclusive, royalty free, perpetual, and irrevocable license which allows PCF the right to use, edit, modify, adapt, reproduce, publish, distribute and display such Material. You also hereby waive all moral rights you may have in such Material. You represent and warrant that you own all rights to the Material you post on our Website and therefore have the authority to grant such a license. The fact that you allow us to use the Material that you have provided to us do not give you the right to use any trademarks or trade-names of the PFC, nor give you license to use any Material that is the PCF’s property. The PCF Website may refer to third-party companies, products or services and their trade-names and trademarks may be protect by law and do not give you any rights to use their names or trademarks without their previous permission. Any unauthorized use of the trademarks or trade-names of the PCF or of third parties is strictly prohibited.

 

6. CONDITIONS OF USE

You agree to only to Use the Website for lawful purposes and to only send content or receive materials that are proper and related to the particular Website purpose. You shall not post or transmit through the PCF Website any Material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

The PCF grants you a limited, non-exclusive, non-transferable, non-sublicensable limited right, to view, download, and retain copies of this Website and materials published by the PCF for your personal, non-commercial use only. You are not allowed to modify or exclude any copyright or other proprietary notice, under sanction of infringing copyright laws and regulations.

You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between you or any entity related to you and the PCF, unless you have received prior consent from the PCF.

Except as otherwise expressly permitted under copyright law, the User may not, in whole or in part, copy, reproduce, transmit, display, perform, distribute, sublicense, alter, create derivative work, store for subsequent use, or in any way exploit, any of the content, unless they have express written permission of the PFC. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

The User may make temporary copies in a single computer’s RAM and hard-drive cache as are necessary to browse the Website, and the User may make one permanent printout of each page of the Website to be used by the User for personal and non-commercial purpose and which do not harm the reputation of the Canadian Pet Cancer Foundation. You agree to comply with all copyright laws worldwide, under penalty of legal actions in case of non-compliance with such laws.

User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

User shall not upload, post or otherwise make available on www.petcancerfdn.org any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.petcancerfdn.org, User automatically grants, or warrants that the owner of such material has expressly granted the PCF the royalty-free, perpetual, irrevocable, non-exclusive right and license to make use, duplicate, alter, adjust, publish, translate and distribute, in whole or in part, such material internationally and/or to integrate it in other works in any kind of form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants the PCF the right to edit, copy, publish and distribute any material made available on www.petcancerfdn.org by User.

You represent and warrant that any information or material you provide to the PCF or post on this Website is accurate, truthful, not misleading, not confidential information and/or property of third parties, does not violate third party rights, and is offered in good faith. In addition, you agree to not use the Website in connection to the following activities:

• Sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliation;
• For illegal or fraudulent purpose;
• For transmitting or distributing any material that is illegal, harassing, defamatory, tortuous, obscene, hateful or racist; or
• For transmitting materials that contain computer programs including but not limited to viruses, worms, time bombs and cancel bots, which are designed to disrupt, destroy, harm or damage the operation of the Website.

The PCF reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials the PCF deems to be in violation of these Terms and Conditions.

 

7. USE OF SERVICES

Some of Services may contain chat or comment areas, photo albums, personal blogs, email services, calendar, groups, bulletin board services and other media channels allowing the User to communicate with others (“Communication Services”). The Communication Service shall be used by the User only to send and receive messages and to post Materials that are pertinent and linked to the Communication Services. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same;
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
• Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including email addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others; and
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

The PCF has no obligation to monitor the Communication Services. However, the PCF reserves the right to review materials posted to the Communication Services and to remove any Materials in its sole discretion. The PCF reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The PCF reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the PCF’s sole discretion.

Some limitations on reproduction, distribution and utilization may be applied to Materials uploaded to the Communication Services; when downloading such materials, User shall respect and adhere to such limitations.

Always use caution when giving out any personally identifiable information in any Communication Services. The PCF does not control or endorse the content, messages or information found in any Communication Services and, therefore, the PCF specifically disclaims any liability with regard to the Communication Services and any measures resulting from User’s participation in the Communication Services. Managers and hosts are not authorized the PCF spokespersons, and their views do not necessarily reflect those of the PCF.

8. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing the PCF with current, complete and accurate information as prompted by the applicable registration form. When registering with us, User will be asked to create a username and a strong password. It is User responsibility to take steps to protect their account by not sharing their username and password with anyone else. Moreover, User shall be aware that any and all activities that happens under their account is their responsibility. User agrees to notify the PCF immediately of any unauthorized use of User’s account or any other breach of security. The PCF will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by the PCF or another party due to someone else using User’s account or password. Third parties accounts shall only be used by User after consent of the account holder.

 

9. MONITORING INFORMATION

The PCF makes reasonable efforts to ensure that the information provided through the Website is current and accurate. The PCF makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

The PCF shall have the right, but not the obligation, to monitor the content of www.petcancerfdn.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the PCF and to satisfy any law, regulation or authorized government request. The PCF shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on its Website. Without limiting the foregoing, the PCF shall have the right to remove any material that the PCF, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. LINKS TO THIRD PARTY SITES

The Website may contain links that allow you to leave the PCF’s Website. The linked sites are owned and operated by independent parties over whom the PCF has no control and the PCF is not responsible for the contents of such linked site, nor any linking to other site available in a linked site, as well as any modification or update that may occur on that Website. The PCF is not responsible for webcasting or any other form of transmission received from any linked site. Use of any linked site is entirely at your own risk. The PCF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or affiliation by the PCF of the site.

While the PCF encourages links to the Website, we do not wish to be linked to or from any third-party Website which may be damaging or detrimental to the activities, operations, credibility or integrity of the PCF. The PCF reserves the right to prohibit or refuse to accept any link to the Website which contains or makes available any content or information that includes, without limitation, unlawful, threatening, abusive, racist, libellous, defamatory, obscene, vulgar, violent, pornographic, profane or indecent information of any kind. You agree to remove any link you may have to the Website upon the request of the PCF.

You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website.

 

11. COMPLIANCE WITH THE LAW

In addition to complying with these Terms and Conditions, you agree to use the Website and services available on or through the Website for lawful purposes solemnly and in compliance with district, federal or worldwide legislation.

12. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

USER EXPRESSLY AGREES THAT USE OF WWW.PETCANCERFDN.ORG IS AT THEIR SOLE RISK. WWW.PETCANCERFDN.ORG IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE PCF DOES NOT WARRANT THAT WWW.PETCANCERFDN.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THE PCF MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ITS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

THE DOWNLOADING OF MATERIAL FROM THE WEBSITE IS DONE AT YOUR OWN RISK. THE PCF DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE.

YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL, HEALTH, OR OTHER DECISIONS. THE PCF AND ITS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE PCF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PCF, OR ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBISTE, DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE, OR ANU LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE PCF, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE PCF, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.

Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PCF AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF THE PCF POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

 

13. TERMINATION

Either the PCF or User may terminate this Agreement at any time. Without limiting the foregoing, the PCF shall have the right to immediately terminate User’s Account in the event of any conduct by User which the PCF, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms and Conditions.

 

14. MISCELLANEOUS

These Terms and Conditions, Privacy Policy and all other notices, policies and disclaimers contained on www.petcancerfdn.org established by the PCF constitute the entire Agreement of the parties with respect to the matters discussed above, superseding any and all agreements previously agreed between the parties, whether written or oral. Any waiver that either party makes with respect to any default or breach shall be deemed to be a waiver of previous or posterior breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

15. JURISDICTION

This Website (excluding linked sites) is controlled by the Canadian Pet Cancer Foundation, which is headquartered in the Province of British Columbia, Canada. The Website can be accessed from all 10 Provinces and 3 territories, as well as within the United States of American and from other countries around the world. As each of these places have laws that differ from those of British Columbia, Canada, by accessing this Website both you and the Canadian Pet Cancer Foundation agree that the statutes and laws of the Province of British Columbia, and any applicable federal laws in Canada shall govern your use of the Website, without regard to conflicts of laws principles thereof. The courts of the Province of British Columbia shall have exclusive jurisdiction over any dispute arising out of your use of this Website. The Canadian Pet Cancer Foundation makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from other jurisdictions where their contents are illegal and prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.