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Terms of service

Description of Services

The CancerResearchSavesLives.ca social website is a charitable social website designed to let Atlantic Canadians show their support for local cancer research. The CancerResearchSavesLives.ca social website is owned and operated by Atlantic Cancer Research Institute Inc. (“ACRI”, “we”, “us” or “our”), a not-for-profit organization headquartered in Moncton, New Brunswick, Canada.

Please carefully read these Terms of Services (“Agreement”) before using the CancerResearchSavesLives.ca social website or any other services provided on the website (collectively known as “Cancer Research Saves Lives”, “social website”, “Services” and/or Site).

The Services are accessed by you (“friend”, “you”) under the following terms and conditions.

Accepting the Terms of Service

By accessing and/or using our Services, you have agreed to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Services and cease using the Services and Site immediately.

Privacy Policy

All information obtained about or from you in connection with your use of this Site is subject to our Privacy Policy

We advise all our members to regularly review our Privacy Policy, which governs the use of personal information on the website and to which, as a user, the Friend agrees to be bound.

Conduct on Site

By using the Site, you agree to assume responsibility for the contents of your submissions and communications through the Site, including, but not limited to, comments, photos, graphics, video, sounds, music, descriptions and messages (collectively known as “Submissions”).

You also agree that you will not upload, share, or distribute Submissions that:

• are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another’s privacy;

• impersonate another person or entity without their permission;

• contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature; directed at another individual or group of individuals), or that in any way violate child pornography laws;

• victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, religion, age, or disability;

• infringe on any trademark, patent, copyright, trade secret, right of publicity, or other proprietary right of any party;

• constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• contain software viruses or any computer codes, files, or programs designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; or to damage or obtain unauthorized access to data or other information of any third party; or

• contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.

ACRI does not endorse the contents of any Submissions, and disclaims any and all liability in
connection with Submissions.

ACRI retains the right, but are not obliged, to pre-screen or monitor Submissions. ACRI reserves the right to reject or remove any content or Submissions of any kind at any time for any reason, whether or not the content or Submissions constitute a violation of the previously listed prohibitions. By continuing to use the Site, you hereby agree to consent to such removal and waive any claims against us that may arise out of the removal of any content or

Submissions.

ACRI has no obligation to display your Submissions on the Site, whether or not any kind of
donation or pledge has been made. You may not use your account to breach the security of any other account or attempt to gain unauthorized access to another network or server via the Site. Users who violate systems or network security may incur criminal or civil liability separate and apart from liability and remedies under this Agreement.

ACRI may terminate your participation without prior notice if we suspect any violation of this
Agreement. Please feel free to notify us of any content or conduct which you believe does not comply
with these Terms of Service at info@canceratl.ca.

Intellectual Property Ownership

ACRI is the owner and retains all proprietary rights to the Services and any content provided by ACRI on the Site, as well as all associated copyrights, trademarks, brands, service marks, patents or any other proprietary rights under law. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of ACRI or any third party, without the written permission of ACRI or the respective owner of any third-party trademark. The viewing or downloading of any of the content on the Site grants you only a limited non-exclusive licence for the use of such portion of the Site solely for your own personal use. The Site and its content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. If you wish to use the Site or Services for commercial purposes, please contact CancerResearchSavesLives.ca’s administrator at info@canceratl.ca.

Members’ Intellectual Property Rights.

ACRI respects the third party intellectual property rights of all Friends of the Site. The intellectual property rights and responsibilities of Friends with respect to these rights are outlined below. In making Submissions (as defined above) to the Site, you may use your own text and upload your own photos, graphics, or videos (“Image Content”) or other content. The
Submissions may also have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Submissions. Submissions may be protected by copyright even when not marked with the © symbol. The necessary licenses, rights, and permissions to use the content in your Submissions must be obtained if Submissions uploaded or shared by you, either from your own computer or any other website/server, are not created and owned by you. Do not upload or provide us with any Submissions that are confidential or proprietary.
Permission from individuals portrayed in the Image Content must be obtained before submitting or displaying the images on the Site.

You hereby grant to ACRI a royalty-free, unlimited, worldwide, non-exclusive, perpetual, transferrable license to use, copy, create, display, translate and store your Submissions, in whole or in part, as contemplated by the Site and this Agreement. ACRI will not be subject to any obligations of confidentiality regarding any such Submissions unless specifically agreed by ACRI in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

Registration Data, Passwords

As a condition to using our Services, Friends are required to register with CancerResearchSavesLives.ca and to provide us with an email address and password. Friends must provide ACRI with accurate registration information.

Friends may not use a profile name or the name of another person with the intent to impersonate that person. Friends must obtain appropriate authorization before using as a profile name any names subject to the rights of any person other than the Friend. Failure to provide ACRI with accurate information constitutes a breach of this Agreement and
may result in immediate termination of the Friends account.

You will be asked to select a password during the registration process. Your password and your account are for your individual use only and should not be shared with others. You agree to be responsible for any activities or transactions related to the use of your account or password. You agree to release ACRI from any and all liability concerning such activities, whether we are notified or not.

You agree to notify ACRI immediately upon any actual or suspected loss, theft, or unauthorized use of your account or password.

Indemnity

You agree to indemnify, defend and hold harmless ACRI, its agents, suppliers, directors officers, employees, members, and sub-contractors from any and all claims, actions, proceedings, liabilities, losses or demands whatsoever (including costs and attorneys’ fees) sustained, imposed or paid by ACRI directly or indirectly in respect of your access to and
use of the Services, any of your Submissions, the violation or infringement of this Agreement by you or any third party using your account, or from the infringement of any intellectual property or other right of any person or entity.

Limitation of liability

ACRI, ITS AGENTS, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS AND SUBCONTRACTORS WILL NOT BE HELD LIABLE WITH RESPECT TO THE CANCER RESEARCH SAVES LIVES WEBSITE OR THE SERVICES FOR:

  • INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS;
  • DAMAGES FOR LOSS OF DATA, IMAGES, FRIEND SUBMISSIONS OR OTHER INTANGIBLES;
  • DAMAGES FOR THE UNAUTHORIZED USE OR NON-PERFORMANCE OF THE NETWORK OR ANY ERRORS AND OMISSIONS; OR
  • DAMAGES RELATED TO EITHER THE DOWNLOADING OR POSTING OF SUBMISSIONS EVEN IF ACRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

Disclaimers of Warranties

THIS SITE AND ALL CONTENT AND SERVICES ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

THE CONTENT ON THE SITE MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. ACRI DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACRI DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION ALL FRIENDS’ SUBMISSIONS, OR HYPER-LINKS TO OR CONTENT FOUND ON OTHER WEB SITES ACRI ASSUMES NO LIABILITY WITH RESPECT TO THE TRANSMISSION, STORAGE, RECEIPT, DISCLOSURE OR USE OF CONFIDENTIAL OR PROPRIETARY INFORMATION UPLOADED TO OUR SITE OR SHARED WITH US OR OTHERS THROUGH THE SITE.

THE CONTENT IS PROVIDED SOLELY FOR INFORMATION PURPOSES. ACRI IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Donations

Donations (“Contributions”) made by Friends to ACRI through the CancerResearchSavesLives.ca social website are used to fund research activities at ACRI.

Contributions through CancerResearchSavesLives.ca are charitable gifts. The Friend agrees that by making a Contribution they are not paying for any service, expressed or implied. All references and calculations involving currency are denominated in Canadian dollars. Contributions are non-refundable. The Friend must be a user of the chosen method of payment used to pay for the Contribution through CancerResearchSavesLives.ca. Daily or per day donations are calculated and billed based on 30-day period, 12 times a year.

For example, a pledge of 25 cents per day made on the 5th of March will be billed as $7.50 on the fifth day of every subsequent month, even if the month has fewer or more days than 30. Any additional pledges are added to your existing monthly total for the month in which the additional pledge is made. You will not be billed incrementally for the days that pass before the next billing date.

Charitable tax receipts will be provided on an annual basis and will be made for the amount honored and received during the previous fiscal year. Charitable receipts for Contributions made through CancerResearchSavesLives.ca for ACRI will be provided by the Georges L Dumont Hospital Foundation on behalf of ACRI.

The information that you provide in relation to your Contribution is used only to process your Contribution as set out in the Privacy Policy.

Termination

ACRI reserves the right to terminate or suspend Services and access to the Website immediately, without prior notice or liability, if any of the terms or conditions of this agreement are breached. The Friend’s right to access the social Website and its content or to use the Services will immediately cease upon termination of the Friend’s profile.

Termination of access to the social Website and the Services does not relieve the Friend of obligations arising or accruing prior to such termination, or limit any liability which the Friend may have to ACRI, including without limitation any of the indemnification obligations contained within this Agreement.

Provisions of this Agreement which by their nature shall survive termination include, without limitation, all ownership provisions, warranty disclaimers, and limitations of liability.

Updates to the Terms of Service

These Terms of Service were last updated on September 21st, 2011. We reserve the right at any time to modify the Site or the terms of this Agreement without prior notice. We recommend that you periodically check our Terms of Service to note any modifications. Your continued use of the Site after modifications are posted will be considered an acceptance of
the modified Terms of Service. Modifications to the Site will become effective immediately upon being posted.

Miscellaneous

This Agreement (including our Privacy Policy), as modified from time to time, constitutes the entire agreement between the Friend and ACRI with respect to the subject matter hereof. The Agreement replaces all prior or contemporaneous written or oral understandings or agreements regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights. ACRI shall not be held liable for any failure to perform its obligations when the failure results from any cause beyond ACRI’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

If any provision of the Agreement is found to be unenforceable or invalid, the provision shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain enforceable. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the applicable federal laws of Canada and shall be treated in all respects as a New Brunswick contract, without regard to the conflict of laws provisions thereof. In the event of a dispute, the parties agree to submit to the non-exclusive jurisdiction of the Federal Courts of Canada and/or the courts of the Province of New Brunswick. The parties have required that this Agreement and all documents relating there to be drawn-up in English.

This Agreement shall enure to the benefit of and be binding upon each ACRI and the Friend and our respective successors and permitted assigns. Notices to the ACRI that are either required or permitted by this Agreement shall be made in writing and shall be deemed effective upon receipt when sent by confirmed e-mail to info@canceratl.ca or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to

CancerResearchSavesLives.ca
c/o Atlantic Cancer Research Institute
35 Providence Street
Moncton, NB, E1C 8X3
Canada
Tel.: (506) 862-7512
Fax: (506) 862-7571
info@canceratl.ca