Open Door
Spiritualist Church (“ODSC”)
Ownership
and Terms of Use Agreement
Your access to and
continued use of this Web site constitute your acceptance of and compliance
with the following terms and conditions. IT IS IMPORTANT THAT YOU READ ALL THE
TERMS AND CONDITIONS CAREFULLY. By accessing and using the Web site you are
indicating your acceptance to be bound by the terms and conditions without
limitation or qualification. If you do not accept the terms and conditions, you
must not access or use the Web site. The terms and conditions may change from
time to time and it is your responsibility to check for changes. Use of the Web site after changes are
posted will signify your agreement to the revised terms and conditions. The
last revision data for the terms and conditions is set forth below.
- Copyright and Trademark Notices
- Terms of Use
- Disclaimer of Warranties and Limitation of
Liability
- Submissions
- Linked Sites
- Indemnification
- Registration
- Passwords
- Direct Collection of Information
- Indirect Collection of Information
- Security
- Personal Information Protection
- Recourse
- Third Party Content
- Viruses
- Governing Law
- Miscellaneous Terms
Copyright and Trademark Notices
This Web site and all
information and materials contained in or displayed on, or otherwise accessible
through, this Web site, including, but not limited to, news or other articles,
text, literary works, artistic works, photographs, drawings, images,
illustrations, graphics, audio clips, video clips, computer software and code
(collectively, the “Content”) are protected under Canadian and
foreign copyright and other applicable intellectual property and proprietary
rights laws, and are owned, controlled and/or licensed by Open Door
Spiritualist Church ("ODSC"), and/or its affiliates or the party
specifically accredited as the provider of the Content. In addition, this Web
site is also protected under Canadian and foreign copyright law as a collective
work and/or compilation. This Web site and all of the Content contained in or displayed
on, or otherwise accessible through, this Web site must not be used,
reproduced, altered, modified, copied, published, uploaded, downloaded, posted,
transmitted, distributed, displayed or otherwise exploited, in whole or in
part, in any way whatsoever, without the express written permission of ODSC
and/or its affiliates or the party specifically accredited as the provider of
the Content EXCEPT as follows: you may download one copy onto a single computer
for personal, non-commercial home use only, provided that you do not modify the
Web site or Content in any way and that you keep intact all copyright and other
proprietary notices.
All names, words,
titles, phrases, logos, designs, graphics, icons and trademarks contained in or
displayed on, or otherwise accessible through, this Web site (collectively, the
“Trademarks”) may constitute registered or unregistered trademarks
of ODSC, its affiliates or third parties. Nothing contained on this Web site
grants, by implication, estoppel or otherwise, any licence or right to use any of
the Trademarks, including, but not limited to, those identifying ODSC, and/or its
affiliates or third parties, or their respective products and services contained
or displayed on this Web site, without the express written permission of ODSC,
and/or its affiliates or the third party that may own such Trademarks.
You are hereby
advised that ODSC and/or its affiliates will enforce their intellectual
property rights to the fullest extent permitted by law.
Terms of Use
You will use this Web
site and all information and materials contained in or displayed on, or otherwise accessible through, this Web site solely
for lawful purposes. You will not upload to, distribute to, or otherwise post,
transmit or disseminate through, this Web site any information or material of any
kind that (1) is libellous,
defamatory, obscene, vulgar, profane, indecent, pornographic, abusive or threatening,
(2) violates any law or infringes or violates any rights of any other person or
entity, including, but not limited to, information or material which is an
invasion of privacy or publicity rights including, but not limited to
copyright, trademark or other intellectual and proprietary rights laws, without
first obtaining permission from the owner or rights holder, (3) contains a
solicitation of funds, advertising or a solicitation for goods or services, (4)
contains a virus or other harmful component, or provides or creates computer
viruses or other harmful components, (5) constitutes junk mail, chain letters,
unsolicited mass mailings or spam,
(6) involves contests, sweepstakes, barter and/or pyramid schemes, or
(7) ODSC deems, in its sole and absolute discretion, restricts or inhibits any
other user from using or enjoying this Web site.
You will be solely
responsible for the content of any information or material that you display or make
available through this Web site. You will also be liable for any loss or damage
resulting, directly or indirectly, from any information or material that you display
or make available through this Web site.
ODSC has no
obligation to, and does not and cannot, review every item of information or material
that you and other users display or make available through this Web site and ODSC
is not responsible for any of this information or material. However, ODSC
reserves the right to monitor, remove, edit, delete and/or refuse to transmit, any
information or material, in whole or in part, without notice to you, that it
deems, in its sole and absolute discretion, unacceptable, undesirable, in
violation of any law or necessary to protect itself or other users of this Web
site. Without limiting the generality of the foregoing, ODSC reserves the right
to remove, delete, refuse to transmit, restrict and/or prohibit the sending of,
unsolicited bulk or commercial messages, numerous copies of the same or
substantially similar messages or very large messages to a recipient.
The foregoing
provisions of this section are for the benefit of ODSC and its affiliates and
each has the right to assert and enforce such provisions directly on its own
behalf.
Disclaimer of Warranties and Limitation of
Liability
This Web site and all
of the information and materials contained in or displayed on, or otherwise
accessible through, this Web site are (1) for informational purposes only and are
not intended to meet any particular user's need, and (2) are provided on an
"AS IS" and a “WITH ALL FAULTS” basis. ODSC and its
affiliates and each of their respective directors, officers, employees,
volunteers, consultants and agents expressly disclaim any and all
representations, warranties and conditions, express and implied, including, but
not limited to, any and all representations and warranties of title and
non-infringement, and all implied warranties and conditions of merchantability,
fitness for any particular purpose, suitability for any particular purpose, and
any representations, warranties or conditions arising from any course of
dealing or usage of trade, with respect to this Web site or the information and
materials contained in or displayed on, or otherwise accessible through, this
Web site.
Neither ODSC nor its
affiliates nor each of their respective directors, officers, employees,
consultants, volunteers and agents make any representations or warranties as to
the accuracy, timeliness, reliability, suitability or completeness of this Web
site or the information and materials contained in or displayed on, or otherwise
accessible through, this Web site or that this Web site or access to and use of
this Web site will be uninterrupted, error free, or free from defects, viruses
or other harmful components.
Under no
circumstances, including, but not limited to, negligence, gross negligence,
negligent misrepresentation and fundamental breach will ODSC or its affiliates or
each of their respective directors, officers, employees, volunteers, consultants
and agents be liable for any direct, indirect, incidental, special,
consequential or punitive damages or any loss whatsoever that results, directly
or indirectly, from the use of, or the inability to use, this Web site and any
information or material contained in or displayed on, or otherwise accessible
through, this Web site or from the transmission of confidential or sensitive
information over the Internet. These limitations will apply even if ODSC or its
affiliates or any of their respective directors, officers, employees,
volunteers, consultants or agents knew or ought to have known the possibility
of such damages or loss.
YOU EXPRESSLY AGREE
THAT THE USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
Submissions
You hereby grant to ODSC
a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted
right and licence to use, reproduce, store, modify, adapt, publish, translate, transmit,
distribute, display and sub-licence any and all information and material
submitted by you to this Web site or by e-mail to ODSC and/or to incorporate it
in other works regardless of form, medium or technology. You agree that any
information and material submitted for inclusion at this Web site does not
infringe the intellectual property or other rights of any third parties and you
grant ODSC a right to provide access to the information and material from this
Web site. You warrant that any software submitted to ODSC will be free of
computer viruses and other harmful components. Because of the open nature of
the Internet, we recommend that you not submit any information and material you
consider confidential or sensitive.
Linked Sites
This Web site contains links to third party Web sites. These links are provided
solely as a convenience to you and have, unless otherwise indicated, been
independently developed by third parties. ODSC does not make any
representations or warranties of any kind regarding any third party Web site,
including, but not limited to, any representations or warranties regarding the
accuracy or completeness of the information, material or content contained in
such Web sites. The inclusion of any information, material, content or links on
this Web site should not be construed as an express or an implied endorsement
of any third party products or services.
Indemnification
You agree to defend, indemnify and hold harmless ODSC, its affiliates and each
of their respective directors, officers, employees, volunteers, consultants and
agents from and against any and all claims, demands, liabilities and expenses,
including, but not limited to, all legal fees and disbursements, arising out of
(1) your breach of these terms and conditions, or (2) your use of this Web site
and the information and materials contained in or displayed on, or otherwise
accessible through, this Web site, or (3) the uploading, downloading, distribution,
posting, transmission or dissemination to or through this Web site by you or
others using your account.
You agree to notify ODSC
immediately after you become aware of any unauthorized use of your account and
to take all such reasonable steps as are necessary to prevent any reoccurrence
of such use. ODSC reserves the right, in its sole and absolute discretion, and
at its own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you. You will cooperate as fully as
reasonably required in the defence of any claim.
Registration
If, to use certain
features of this Web site, you are asked to register with the Web site, you
agree (1) to provide true, accurate, current and complete information about
yourself as prompted by any registration form, and (2) to maintain and promptly
update the information you provide to keep it true, accurate, current and
complete. If ODSC has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, ODSC has the right to suspend or
terminate your access to and use of this Web site or any portion of this Web
site.
Passwords
If, to use certain
features of this Web Site, you need a username and password, which you will
receive through the registration process, you are responsible for maintaining
the confidentiality of the password and account and for all activities that
occur under your password and account. You agree to notify ODSC immediately of
any unauthorized use of our password or account or any other breach of security
and to ensure that you exit from your account at the end of each session. ODSC
cannot and will not be liable for any loss or damage arising out of the failure
of ODSC or your failure to protect your password or account information.
Direct Collection of Information
ODSC collects
information directly from you if you voluntarily submit it. Throughout this Web
site, ODSC might, for example, provide the opportunity to order a product,
request information, register for an event, course, conference or particular
services, or participate in a survey. When ODSC collects this type of
information, ODSC will identify the purposes for collecting the information and
how it will be used. It is completely up to you whether or not you want to
provide it. If the information is personally identifying information, its use
by ODSC is governed by the terms of the Privacy
Policy of ODSC.
Indirect Collection of
Information
ODSC does not collect information indirectly from you.
Security
Complete
confidentiality and security is not possible over the Internet. Internet use
and communication is subject to interception, loss and alteration. On whichever
site you provide information, it is possible for a third party to view that
information. You acknowledge and agree that ODSC and its affiliates and each of
their respective directors, officers, employees, volunteers, consultants and
agents will not be liable for any damages or loss you may suffer as a result of
any communication by you of information and material you consider confidential
or sensitive over the Internet and that any such communication will be at your
sole risk.
Personal Information Protection
ODSC is governed by and complies
with the Personal Information Protection
Act (BC) regarding the collection,
use, disclosure and manner of securing personal information about an
identifiable individual. Please read ODSC’s Privacy Policy.
Recourse
If you are dissatisfied with this Web site or with any of the terms
and conditions contained in this Copyright and Terms of Use agreement, your
sole and exclusive remedy is to discontinue using this Web site. If you
exercise this remedy, you agree to destroy all information and materials, and
all copies of such information and materials, obtained by you on or through
this Web site. Your agreement to destroy all information and materials and all
copies of such information and materials will survive such termination.
Third Party Content
ODSC is a distributor
and not a publisher of any content supplied by third parties and users of this
Web site and ODSC has no editorial control over such
content. Any opinions, advice, statements, services, offers, images or other
information, material or content expressed or made available by third parties,
including information providers and users, are those of the third parties,
including information providers and users, and not of ODSC. ODSC neither
endorses nor is responsible for the accuracy or reliability of any such opinion,
advice, statement, service, offer, image or other information, material or
content.
Viruses
ODSC assumes no
responsibility for. and will not be liable for, any damages whatsoever, including,
but not limited to, viruses or other harmful components that may infect or
otherwise damage your computer equipment or other property on account of your
access to, use of, or browsing in this Web site or your downloading of any
materials, data, text, images, video or audio from this Web site.
Governing Law
Any disputes arising
out of this agreement will be governed exclusively by the applicable laws of
the province of British
Columbia and Canada
without giving effect to their conflict of laws principles. You expressly
consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any
other judicial district or jurisdiction as ODSC, in its sole and absolute
discretion, may determine.
Miscellaneous Terms
These terms and
conditions and any rules, policies or guidelines posted on this Web site by ODSC
constitute the entire agreement between ODSC and you with respect to the
subject matter of this agreement. No waiver by either ODSC or you of any breach
or default will be deemed to be a waiver of any preceding or subsequent breach
or default. If any term or condition contained in this agreement is determined
to be void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such termination will not affect any of its remaining terms and
conditions. |