These Terms and Conditions of Use were last updated January 29, 2018.
IMPORTANT! YOUR ACCESS TO THE WEBSITE LOCATED AT www.MissingKids.ca (the “MK Website”) AND THE WEBSITE LOCATED AT www.MissingKidsAlert.ca (the “MKAlert Website”) (collectively referred to as the “Websites”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING AND/OR USING EITHER OR BOTH OF THE WEBSITES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITES. ACCESS TO AND/OR USE OF THE WEBSITES 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 operates the Websites (the “Canadian Centre”). The term “Websites” when used will include the Websites and all information, content, reports, data, graphics, web pages, text, files, forms (including intake and registration forms, “Report a Tip or Sighting” forms, “Contact Us” forms and donor forms), artwork, images, software, product names, icons, company names, trademarks, logos and trade names contained on the Websites, including the manner in which the said content is presented or appears. By accessing the Websites or submitting a form through the Websites, 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 Websites. If you are dissatisfied with the Websites, your sole remedy is to discontinue use of them. You acknowledge, by your use of the Websites, that your use is at your sole risk.
- Amendment. The Canadian Centre 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 Websites. By using the Websites, you are agreeing to be bound by the then-current version of these terms and conditions of use. The Canadian Centre, at its sole discretion, may change, suspend or discontinue any aspect of either Website at any time, including the availability of any feature, database or content of either Website and may terminate this Agreement at any time. The Canadian Centre may also impose limits on your ability to access certain features and services or restrict your access to part or all of either Website without notice or liability.
- Ownership. The Websites are protected by intellectual property, copyright and trademark laws. Except as expressly licensed to you, the Canadian Centre retains all right, title and interest in and to the Websites, including all intellectual property rights. You do not own the Websites.
- Licence. The Canadian Centre grants to you a personal, limited, non-transferable and non-exclusive licence to temporarily access, and use the Websites on any single computer for your own personal use. This Agreement is not a transfer or a license of any of the Canadian Centre’s rights to the content or the content of third parties displayed or accessed through the Websites. The Websites and their content cannot be used or reproduced by you for commercial purposes. Any document that is made available for download may be saved to an electronic retrieval system, printed, or viewed, and such saved/printed copy may be used strictly for personal use or for non-commercial educational use. For greater certainty, sharing a link to a MissingKids Alert posted on MissingKidsAlert.ca is permitted.
- Pictures of Missing Children. Pictures of missing children are featured in and through the Missing Children Database on the MK Website and in missing child alerts sent through the MissingKidsALERT system only to facilitate the identification and location of such children. Site users are not permitted to use, reproduce or download any picture of a missing child for any other purpose, nor may any site user use, reproduce or download a missing child's picture to use in a publication (whether for commercial gain or not), without specific consent from either the parent or legal guardian of that child, or the Canadian Centre.
- Restrictions. Subject to the licence, you may NOT (1) provide others with access to the Websites; (2) create derivative works, copy, publish, reproduce, rent, sublicence, modify, reverse engineer, decompile, transfer, translate, or resell for profit copies of the Websites, or any portion thereof, in any form or by any means whatsoever, be they physical, electronic or otherwise; (3) do anything to harm the functioning or content of the Websites; (4) attempt to upload, insert or change any information or image to or on the Websites; (5) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Canadian Centre or allow any third party to access the Websites; (6) redeliver any of the Websites using “framing”, hyperlinks, or other technology without express written permission; or (7) remove any copyright or other proprietary notices from the Websites. You are also prohibited from using the Websites for activities that include, but are not limited to: impairing the operations or efficiency of the Websites or creating an unusually large burden on the Websites, or otherwise generating levels of traffic sufficient to impede the ability of other users of the Websites to transmit information to the Websites or receive information from the Websites. We reserve the right to manage the Websites and their operations in order to optimize their 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 Websites for all users.
- Disclaimer. Note that the Websites are 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.
- License to Use Your Information. With the exception of personal information which is subject to section 9 of this Agreement, you grant to the Canadian Centre a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, use, copy, reproduce, publish, share, loan, distribute, create derivative works of, translate, modify, sub-license, make available to any person or otherwise use, any information or content you send to the Canadian Centre by e-mail or other correspondence (such as forms), including without limitation, any ideas or concepts, or any intellectual property contained therein, for any purpose whatsoever. The Canadian Centre will not be subject to any obligations of confidentiality regarding any such information and content unless specifically agreed to by the Canadian Centre in writing or required by law. You represent and warrant that you have the right to grant the license set out above. You waive any moral rights that you may have to such information and content. Please remember that you are responsible for whatever information and content you submit, and that you, and not the Canadian Centre, have full responsibility for the information and content, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your information and content.
- Accuracy. The Websites are provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or third party service, use or course of action. The Websites are not intended to be used as a substitute of any kind for professional advice. The information on the Websites is believed to be reliable when posted. Although reasonable efforts are made to ensure that the Websites will be current and will contain no errors or inaccuracies, the Canadian Centre cannot guarantee that the Websites are accurate or error-free or that they will be current at all times. The information on the Websites is subject to change without notice, and the Canadian Centre reserves the right in its sole discretion to correct any errors or omissions in any part of the Websites.
- Limitation of Liability. Under no circumstances shall the Canadian Centre 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 Websites; and/or (2) any information or content you send to the Canadian Centre; and/or (3) the use of links to other websites, whether or not any such damages are or might be foreseeable or caused in whole or in part by the negligence of the Canadian Centre, and even if the Canadian Centre 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, the Canadian Centre 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 Websites or your downloading of any materials, data, text, images, video or audio from the Websites.
- Indemnity. You agree at all times to indemnify, defend and hold harmless the Canadian Centre 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 the Canadian Centre directly or indirectly in respect of (1) access to or use of the Websites; and/or (2) any information or content you send to the Canadian Centre; and/or (3) the use of links to other 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 the Canadian Centre and you. You agree that the Canadian Centre would not be able to provide access to the Websites on an economic basis without such limitation.
- Termination. Without prejudice to any other of its rights, the Canadian Centre may terminate this Agreement, without notice to you, if you fail to comply with the terms and conditions of this Agreement. In the event this Agreement is terminated, you will no longer have access to the Websites and you will return all information in your possession relating to the Websites and all copies thereof. The terms of this Agreement will survive the termination or expiry of this Agreement.
- Monitoring. The Canadian Centre has no obligation to monitor the Websites. You agree that the Canadian Centre has the right to monitor the Websites from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Websites properly, to protect itself or other users of the Websites, 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 the Canadian Centre 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.
MissingKids.ca, its logo and all representations, and MissingKidsAlert.ca, its logo and all representations, are © and used in Canada as a trademark of the Canadian Centre for Child Protection Inc.