The Volunteer Kelowna Web Site (the “Site”) is an online information service provided by Volunteer Kelowna (“Volunteer Kelowna“). Volunteer Kelowna grants you a limited, revocable, nonexclusive license to access the Site for your own personal use, subject to your compliance with the terms and conditions set forth below.
Please read this document carefully before using the Site. By using the Site for any purpose, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you must exist immediately and not use the Site.
Use of the Site
Access to the site is permitted only for the purposes of placing or responding to postings or other purposes expressly authorized by Volunteer Kelowna. Any access to and use of the Site to collect information for other purposes, including the contacting of Site users to solicit them for commercial or other purposes not invited by their classifieds, shall be deemed to be unauthorized and unlawful, and Volunteer Kelowna reserves the right to take legal action to preclude such access and use.
Users will post your information on the Site in the appropriate category or area and will not do any of the following unauthorized acts:
- violate any law;
- post false, misleading or fraudulent information or other content prohibited by the Terms of Agreement;
- infringe any third-party right;
- post or otherwise distribute or promote spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Site or Volunteer Kelowna or the interests or property of users of the Site;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Site;
- copy, modify, or distribute any other person’s content;
- use any robot, spider, scraper or other automated means to access the Site and collect content for any
- purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to the Site.
Volunteer Kelowna does not pre-screen or approve content or monitor use on a regular basis, but reserves the right (but does not have the obligation) in its sole discretion to remove any content from the Site where we have grounds for suspecting the violation of the letter or spirit of these Terms of Agreement or of any other person’s rights.
Content displayed on the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Volunteer Kelowna. You further agree not to reproduce, duplicate or copy content from the Site without the express written consent of Volunteer Kelowna, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse, engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, content on the Site, or any aspect of the Site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Although Volunteer Kelowna does not claim ownership of content that its users post on the Site, by posting content to the Site you automatically grant, and you represent and warrant that you have the right to grant, to Volunteer Kelowna a non-exclusive, royalty-free, worldwide, perpetual and irrevocable license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Volunteer Kelowna by all means and in any media now known or hereafter developed. You also grant to Volunteer Kelowna the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Volunteer Kelowna for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Volunteer Kelowna.
2. Trade Marks
The Site contains trade-marks and service marks that are owned by Volunteer Kelowna, its affiliates or third parties, and are protected by law. You agree not to infringe any such marks that are on the Site, and further that in posting to the Site you will not infringe the trade-marks or service marks of other third parties.
3. Inappropriate Conduct and Content
You agree not to post, email, or otherwise make available content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates federal or provincial equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- that impersonates any person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that includes links to commercial services or web sites, except as allowed;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- 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;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to our computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the services we provide; or
- use any form of automated posting device or other device for submitting postings in bulk or automatic submission of postings at regular intervals.
Volunteer Kelowna reserves the right to disclose to the proper authorities for investigative purposes any information it received containing alleged or suspected fraudulent or other illegal content.
5. Disclaimers Regarding Use of the Site
You agree not to hold us responsible for things other users post or do. As most of the content posted on the Site comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. By using the Site, you may be exposed to content posted by others that is offensive, indecent, inaccurate, misleading, fraudulent or otherwise objectionable, in spite of our efforts to prevent it. We also cannot guarantee continuous or secure access to our services. You understand that, except for information, products or services clearly identified as being supplied by Volunteer Kelowna, Volunteer Kelowna does not operate, control or endorse any information, products or services on the Site or on the Internet in any way. Except for Volunteer Kelowna-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Volunteer Kelowna. If there is a dispute between users of the Site, or between users and any third party, you understand and agree that Volunteer Kelowna is under no obligation to become involved.
You also understand that Volunteer Kelowna cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the internet. Volunteer Kelowna provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Volunteer Kelowna shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Volunteer Kelowna does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Volunteer Kelowna has no control over and accepts no responsibility whatsoever for such materials.
6. Limitations on Service
You acknowledge that Volunteer Kelowna may establish limits concerning use of the Site, including the maximum number of days that content will be retained on it, the maximum number and size of postings, email messages or other content that may be posted on the Site and the use its services. You agree that Volunteer Kelowna has no responsibility or liability for the deletion or failure to store any content transmitted and that it reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice and without liability to you.
7. Limitation of Liability
Despite the previous disclaimer of liability, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars. In no event will Volunteer Kelowna be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Volunteer Kelowna or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, Volunteer Kelowna‘s liability is limited to the greatest extent permitted by law.
8. Other Websites
Volunteer Kelowna makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Volunteer Kelowna web site, please understand that it is independent from Volunteer Kelowna, and that Volunteer Kelowna has no control over the content on that web site. In addition, a link to a Volunteer Kelowna web site does not mean that Volunteer Kelowna endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Volunteer Kelowna, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of content you submit, post or make available through the service we provide, your access to the Site, your use of the service, your violation of these Terms of Agreement, your breach of any of the representations and warranties herein, your violation of any rights of another, or any negligent or wrongful conduct by you or any other person on your behalf in accessing and using the Site for any purpose.
The terms you have agreed to by using the Site for any purpose cannot be terminated by you.
This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Volunteer Kelowna and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Nova Scotia. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Volunteer Kelowna‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Volunteer Kelowna may assign its rights and duties under this Agreement to any party at any time without notice to you.