Date: July 20, 2020
IMPORTANT! YOUR ACCESS TO THIS WEBPAGE (the “Webpage”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING AND/OR USING THE WEBPAGE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBPAGE. ACCESS TO AND/OR USE OF THE WEBPAGE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL AGREEMENT TO THESE TERMS AND CONDITIONS.
Enforcement. This is an Agreement between you and the Canadian Centre for Child Protection Inc., which organization hosts the Webpage (“C3P”), which has been generated from a template made available to law enforcement by C3P. The term “Webpage” when used will include the Webpage and all content included on the Webpage. By accessing the Webpage, you are agreeing to be bound by the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Webpage. If you are dissatisfied with the Webpage, your sole remedy is to discontinue use of it. You acknowledge, by your use of the Webpage, that your use is at your sole risk.
Content. All information about a missing person on this Webpage is collected and distributed by a law enforcement agency (“LEA”). C3P only has access to the information in its capacity of hosting the Webpage and only for the purpose of making a tool available for the LEA to generate a missing persons poster on the Webpage. No information is collected, used, or distributed directly by C3P. If any information is incorrect or has been collected and distributed in error, contact the LEA who generated the Webpage on the phone number provided for the LEA on the Webpage.
Amendment. C3P reserves the right to amend these terms and conditions at any time without prior notice to you and such amendments will be effective immediately upon posting the modified Agreement on the Webpage. By using the Webpage you are agreeing to be bound by the then current version of these terms and conditions of use. C3P, at its sole discretion, may change, suspend or discontinue any aspect of the Webpage at any time, including the availability of any Webpage feature, database, or content and may terminate this Agreement at any time. C3P may also impose limits on your ability to access certain features and services or restrict your access to part or all of the Webpage without notice or liability.
Ownership. The Webpage is protected by intellectual property, copyright, and trademark laws. You do not own the Webpage. All information about a missing person posted on the Webpage, is posted by a member of a LEA and is not the intellectual property of C3P. Images posted on the Webpage are obtained by members of law enforcement from individuals who know; or know of the missing person.
Licence. C3P grants to you a personal, limited, non-transferable and non-exclusive licence to temporarily access, and use the Webpage on any single computer for your own personal use subject to the Restrictions set out in section 5. This Agreement is not a transfer or a license of any of C3P’s rights to the content or the content of third parties displayed or accessed through the Webpage.
Pictures of missing children. Pictures of missing children may be included on the Webpage by members of law enforcement only to facilitate the identification and location of such children. Webpage users are not permitted to use, reproduce or download the pictures for any other purpose without specific consent from either the parent or legal guardian, or the LEA that made the image public except you may share this Webpage online (e.g., on your social media or email) provided you adhere to these terms.
Restrictions. Subject to the licence, you may NOT:
You are also prohibited from using the Webpage for activities that include, but are not limited to: impairing the operations or efficiency of the Webpage or creating an unusually large burden on the Webpage, or otherwise generating levels of traffic sufficient to impede the ability of other users’ of the Webpage to transmit information to the Webpage or receive information from the Webpage. We reserve the right to manage this Webpage and its operations in order to optimize its efficiency for the benefit of all users. We may take any other action we deem appropriate in order to help ensure the integrity of the Webpage for all users.
Disclaimer. Note that the Webpage is provided “AS IS” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, and should be accessed and used by you at your own risk. C3P has no control over the content posted by law enforcement. Image(s) posted on the Webpage are obtained by the LEA from an individual(s) who knows the missing person and is believed by the LEA to have the authority to provide such an image to the LEA for use on the Webpage.
Accuracy. The Webpage is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The information on the Webpage is posted by members of law enforcement and C3P cannot guarantee that the information on the Webpage is accurate or error-free or that it will be current at all times. The information on the Webpage is subject to change without notice. Errors are the responsibility of the LEA that posted the information. If you have a complaint about the content the Webpage, you must contact the LEA that created the Webpage.
Limitation of Liability. Under no circumstances shall C3P or any of its employees, directors, officers, agents, affiliates, licensors or suppliers be liable for any damages whatsoever arising out of or related to (1) access to or use of the Webpage; and/or (2) any information or content you send to C3P; and/or (3) the use of links to other Webpages or websites (including any social media websites), whether or not any such damages are or might be foreseeable or caused in whole or in part by the negligence of C3P, and even if C3P is informed of their possibility; including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. Without limiting the generality of the foregoing, C3P assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Webpage or your downloading of any materials, data, text, images, video or audio from the Webpage.
Indemnity. You agree at all times to indemnify, defend and hold harmless C3P and any of its employees, directors, officers, agents, affiliates, licensors and suppliers of all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by C3P directly or indirectly in respect of (1) your access to or use of the Webpage; and/or (2) any information or content you send to C3P; and/or (3) the use of links to other Webpages and websites.
Remedies. You acknowledge that the exclusive remedies and limited liability set forth in this Agreement are fundamental elements of the basis of the bargain between C3P and you. You agree that C3P would not be able to provide access to the Webpage on an economic basis without such limitation.
Termination. Without prejudice to any other of its rights, C3P may terminate this Agreement, without notice to you, if you fail to comply with these terms and conditions. In the event this Agreement terminated, you will no longer have access to the Webpage.
Monitoring. C3P has no obligation to monitor the Webpage. You agree that C3P has the right to monitor the Webpage from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Webpage properly, to protect itself or other users of the Webpage, or where it suspects abuse or unlawful activity.
General Provisions. This Agreement cannot be assigned or transferred, in whole or in part, by you. This Agreement will endure to the benefit of and be binding upon each of us and our respective heirs, successors and permitted assigns. This Agreement will be governed by, and construed under, the laws of the Province of Manitoba and the laws of Canada applicable therein. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Manitoba courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods and The Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This Agreement constitutes and contains the entire agreement between you and C3P with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event that any provision of this Agreement is held by a court or a tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portion of this Agreement will remain in full force and effect.