1. Acceptance of Terms
Children of Light offers its information on the Internet in an effort to support underprivileged children and families by raising funds and awareness. Children of Light provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us without notice to you. You can review the most current version of the TOS at any time by searching TOS on our website.
Please be advised that by viewing the pages in the Children of Light website, you agree to the following terms and conditions. If you do not agree, please do not use the website.
2. Description of Service
Children of Light provides users with access to resources, including various communications tools, curriculum-based information, monthly family and student sponsorships/donations, and content through its web site (the “Service”). Unless explicitly stated otherwise, any new features that would improve the current Service shall be subject to the TOS.
3. Your Obligations as a Visitor
By using the Service, you agree to provide accurate, current and complete information about yourself as requested by the Service’s registration forms which include, but are not limited to donations, monthly sponsorships, newsletters, etc. which may request your name, age, e-mail, address, credit card information, etc. If you provide any information that is untrue, inaccurate, not current or incomplete, or that Children of Light has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).
4. Visitor Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Children of Light are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Children of Light has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Children of Light be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
Furthermore, Children of Light is not responsible or liable for any technical problems or malfunctions of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers.
You agree to not use the Service to:
- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm other visitors in any way;
- Impersonate any person or entity, including, but not limited to, a Children of Light staff member or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any+ requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another; or
- Collect or store personal data about other users
- Children of Light and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Children of Light or submitted by Children of Light
- You acknowledge and agree that Children of Light may preserve Content and may also disclose 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 of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Children of Light, our visitors and the public.
6. International Use
You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, or the country in which you reside.
7. Materials Submitted or Made Available for Inclusion on the Service
All remarks, suggestions, ideas, graphics, or other information communicated to Children of Light through this site (collective, the “Submission”) will forever remain as property of Children of Light (COL). We do not treat any submission as confidential and will not be liable for incorporating any Submission into ideas for business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future COL operations. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not COL, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By submitting material to any public area of this website, you automatically grant or warrant that the owner of such material has expressly granted Children of Light the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material 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. You also permit any other user to access, view, store or reproduce the material for that other uses.
With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
b) This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sounds belonging solely to Children of Light. You acknowledge that you acquire no ownership rights by downloading copyrighted material. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, make any changes in or deletion of author attribution, trademark legend or copyright notice or in any way exploit any of the content, in whole or in part, relating to the website, except as expressly stated herein.
c) You shall not upload, post or otherwise make available on the website 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 you. You shall be solely responsible for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
8. Exemption from Penalties
You agree to exempt from penalties and hold Children of Light, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
9. Other Web Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Children of Light has no control over such sites and resources, you acknowledge and agree that COL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that COL 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. General Information
These Terms of Service constitute the entire agreement between you and Children of Light, and govern your use of the Service, despite any prior agreements between you and Children of Light. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario shall govern the TOS, and the relationship between you and Children of Light. You and COL agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure COL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
11. Modifications to Service
Children of Light reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Children of Light shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that COL, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if COL believes that you have violated or acted inconsistently with the letter or spirit of the TOS. COL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that COL may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that COL shall not be liable to you or any third-party for any termination of your access to the Service.
13. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. Children of Light expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Children of Light makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from children of light or through or from the service shall create any warranty not expressly stated in the tos.
14. Limitation of Liability
You expressly understand and agree that children of light shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if children of light has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Please report any violations of the TOS to us by e-mail at: firstname.lastname@example.org or by mail at: 161 Lawrence Ave., Richmond Hill, Ontario, L4C-1Z4.