|
St. Joseph's Foundation of Thunder Bay's web site is an on-line service designed by Dunkweb and maintained by the information technology staff at St. Joseph's Foundation of Thunder Bay, consisting of information services and content provided by St. Joseph's Foundation of Thunder Bay content partners and other third parties. "Visitor" means each person who establishes or accesses a connection for access to and use of St. Joseph's Foundation of Thunder Bay web site.
Visitor's use of the Web Site is subject to the terms of use, the visitor should exit the site if he or she does not agree to be bound by them.
The materials in SJFTB's website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SJFTB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SJFTB makes no representation or warranty that access to the site will be available on a timely basis, will be uninterrupted or will be error free. Additionally SJFTB makes no representations or warranty that the information contained on the site will be timely or error free. In no event shall SJFTB or affiliates and their respective officers, directors, employees, agents, representatives, information providers and licensors and their respective heirs and assignees be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages even if informed of the possibility of such damages. SJFTB makes no claims whatsoever regarding the accuracy or availability of any information available through any person not affiliated with SJFTB including material obtained from links to other sites contained with SJFTB or affiliated sites.
(A) This Agreement sets forth the terms and conditions that apply to use of St. Joseph's Foundation of Thunder Bay by Visitor. By using St. Joseph's Foundation of Thunder Bay (other than to read this Agreement for the first time), Visitor agrees to comply with all of the terms and conditions hereof. The right to use St. Joseph's Foundation of Thunder Bay is personal to Visitor and is not transferable to any other person or entity.
(B) St. Joseph's Foundation of Thunder Bay shall have the right at any time to change or discontinue any aspect or feature of the St. Joseph's Foundation of Thunder Bay, including, but not limited to, content, hours of availability, and equipment needed for access or use.
St. Joseph's Foundation of Thunder Bay shall have the right at any time to change or modify the terms and conditions applicable to Visitor's use of St. Joseph's Foundation of Thunder Bay, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on St. Joseph's Foundation of Thunder Bay, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of St. Joseph's Foundation of Thunder Bay by Visitor after such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of St. Joseph's Foundation of Thunder Bay and all charges related thereto.
(A) Visitor shall use St. Joseph's Foundation of Thunder Bay for lawful purposes only. Visitor shall not post or transmit through St. Joseph's Foundation of Thunder Bay any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity 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, or which, without St. Joseph's Foundation of Thunder Bay express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in St. Joseph's Foundation of Thunder Bay's discretion restricts or inhibits any other Visitor from using or enjoying St. Joseph's Foundation of Thunder Bay will not be permitted. Visitor shall not use St. Joseph's Foundation of Thunder Bay to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Visitors of other on-line information services competitive with St. Joseph's Foundation of Thunder Bay.
(B) St. Joseph's Foundation of Thunder Bay contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of St. Joseph's Foundation of Thunder Bay are copyrighted as a collective work under Canadian copyright laws. St. Joseph's Foundation of Thunder Bay owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download copyrighted material for Visitor's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of St. Joseph's Foundation of Thunder Bay and the copyright owner. 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. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Visitor shall not upload, post or otherwise make available on St. Joseph's Foundation of Thunder Bay 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 Visitor. Visitor 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 St. Joseph's Foundation of Thunder Bay, Visitor automatically grants, or warrants that the owner of such material has expressly granted St. Joseph's Foundation of Thunder Bay the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants St. Joseph's Foundation of Thunder Bay the right to edit, copy, publish and distribute any material made available on St. Joseph's Foundation of Thunder Bay by Visitor.
Visitor agrees to defend, indemnify and hold harmless St. Joseph's Foundation of Thunder Bay, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of St. Joseph's Foundation of Thunder Bay by Visitor.
St. Joseph's Foundation of Thunder Bay logos are trademarks of St. Joseph's Foundation of Thunder Bay. All rights reserved. All other trademarks appearing on St. Joseph's Foundation of Thunder Bay are the property of their respective owners.
This Agreement and any operating rules for St. Joseph's Foundation of Thunder Bay established by St. Joseph's Foundation of Thunder Bay constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
This site contains links to other sites. St. Joseph's Foundation of Thunder Bay is not responsible for the privacy practices or the content of such Web sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by St. Joseph's Foundation of Thunder Bay.
St. Joseph's Foundation of Thunder Bay respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide St. Joseph's Foundation of Thunder Bay Executive Director the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
St. Joseph's Foundation of Thunder Bay's Executive Director for notice of claims of copyright infringement on or regarding this site can be reached as follows: owens@tbh.net
|
