Last Update: June 16, 2016
Welcome to FINCACanada.org (the “Site”), which is operated by FINCA Canada (“FINCA”), a Canadian registered charity. The following Terms of Use (“Terms”) govern your access to and use of the Site. Please read these Terms carefully, because this document is a legal agreement. By accessing and using the Site you agree to these Terms, and our Privacy Policy which is incorporated herein by reference. If you do not agree, please do not access or use the Site.
1. Registration and User Submissions
Some features of the Site require registration or allow users to submit their own messages, photos, and other user-generated content (“User Submissions”). You agree to provide accurate and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. You agree that User Submissions are your own original creation, and if the User Submission contains any elements that are subject to the intellectual property, privacy or personality rights of others, you have the permissions and waivers required from such third parties to comply with these Terms and to grant the rights herein.
You at all times remain fully responsible for your User Submissions, for maintaining the confidentiality of your username and password, and for all activities that occur under your password or account. You agree to immediately notify FINCA if you become aware of any unauthorized use of your password or username or any other breach of security. FINCA has the right, but not the obligation, to monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason.
By submitting User Submissions to the Site, you grant us, our affiliates, and our partners, a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivate works of, distribute, publicly display, transfer, transmit, distribute, and publish the User Submissions in any form, medium, or technology now known or later developed. You agree to waive any moral rights in your User Submissions.
2. User Conduct
The Site is intended for residents of Canada. The Site not intended for users under 13 years old. You may not provide or publicly post personal information on the Site if you are under 13.
By using the Site, you agree not to:
- Violate any applicable laws, including without limitation by infringing the copyrights, trademarks, or other proprietary rights of FINCA or any third party;
- Infringe the privacy or personality rights of any person, living or deceased;
- Harass, threaten, defame, abuse, or embarrass FINCA or any third party;
- Impersonate FINCA or any third party;
- Attempt to get a password, other account information, or other private information from others, or harvest e-mail addresses or other information;
- Post any commercial content, including advertising and promotional materials, unless explicitly authorized by FINCA;
- Engage in any conduct that inhibits or prevents FINCA or any other person from using or enjoying the Site, including without limitation taking any action that attempts to probe, scan, or test the vulnerability of FINCA’s systems or network, to breach FINCA’s security or authentication measures, or to impose an unreasonable or unauthorized load or burden on the Site’s infrastructure; and
- Engage in any other conduct that FINCA determines, in its sole discretion, is offensive, vulgar, sexually explicit, obscene, offensive, or otherwise objectionable.
3. Trademarks
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, and designs of FINCA products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to FINCA or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Unless expressly permitted herein, the use or misuse of these trademarks is prohibited, and nothing stated or implied on the Site confers on you any license or right to any trademark of FINCA, its affiliates, or any third party.
Consistent with the Terms and any other terms and conditions provided on the Site, you may use the link provided by FINCA containing FINCA’s trademarks (the “Link”) for the sole purpose of linking to FINCACanada.org or to a team donation page from other websites, provided that your use of such Link may not create an impression that FINCA endorses, approves, sponsors or is affiliated with your products, goods, services, or your website, and that the Site may not be linked from any website that includes content or advertising for alcoholic beverages, tobacco, pornography, partisan material, political material, firearms, or any other content or advertising that may dilute or otherwise damage FINCA’s goodwill or reputation.
4. Copyright
The Site (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such materials) is protected under the copyright laws of the United States, Canada and other countries. All copyrights in the Site are owned by FINCA or its third-party licensors to the full extent permitted by law. Except for content that you have posted on the Site, or unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site. You may download, copy, and print selected portions of the Site for your own personal, non-commercial use only.
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on the Site is:
Executive Director, FINCA Canada
CSP Beaubien – PO Box 10016
Anjou, QC H1M 3X1
Email: [email protected]
We may notify any party responsible for posting User Submissions, or may remove any content that infringes or is alleged to infringe upon the copyright or privacy rights of any person, and reserve the right to terminate the privileges of users who repeatedly infringe the rights of others.
5. Privacy Policy
Our Privacy Policy explains how we collect, use and manage the personal information that we obtain.
6. Third-Party Content and Links to Third-Party Websites
The Site may contain third-party content and links to other websites (“Linked Sites”). FINCA does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. FINCA also does not control the Linked Sites and is not responsible for the content or privacy practices of the Linked Sites.
7. Disclaimer of Warranties; Limitation of Liability
Because some jurisdictions do not allow the exclusion or limitation of certain types of warranties or damages, including but not limited to the Province of Quebec in the context of certain consumer transactions, some of the following limitations may not apply to you and you may be entitled to additional rights. Our liability in such jurisdictions shall be limited to the extent permitted by law.
THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” FINCA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR PERFORMANCE TO THE FULL EXTENT PERMITTED BY LAW
IN NO EVENT WILL FINCA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Indemnity
You agree to indemnify and hold us harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your access to or use of the Site or arising from your breach of the Terms.
9. Modification
We may make changes to these Terms or modify any features of the Site at any time, in our sole discretion. The most current version of the Terms can be viewed by clicking on the “Legal Disclaimer” link on the home page of the Site. By continuing to access and use the Site, you indicate that you accept any changes to the Terms.
10. Miscellaneous
These Terms of Use contain the entire agreement between you and us regarding the use of the Site. If any provision of these Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. The delay or failure of FINCA to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit our rights with respect to such a breach or any subsequent breaches. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
11. Contact Us
If you have any questions about these Terms of Use, please contact us at:
