Terms and Conditions
Thank you for visiting the website of Brain Canada Foundation (“Brain Canada”).
Acceptance of Terms
Ownership and Intellectual Property Rights
All information, content, software, downloadable materials, interfaces, graphics, text, design, audio and video clips, images, buttons, trade-marks, service marks, trade names and logos (the “Content“) contained on the Site, the Site itself and all intellectual property rights therein are the exclusive property of and owned by Brain Canada, its licensors or content providers and are protected by copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world, under national laws and international treaties (collectively, “Intellectual Property Rights”). Brain Canada, its licensors and content providers reserve all right, title, interest and all Intellectual Property Rights in and to the Site and the Content.
The availability of Content on the Site does not constitute a waiver of any rights in such Content. Some of the Content available on the Site, such as articles and comments, express the views of their respective authors, which may not be the views of Brain Canada, its employees, directors, officers, or partners.
Brain Canada does not warrant that your use of the Content on the Site will not infringe the rights of third parties.
License and Restrictions on Use
Brain Canada hereby grants you a non-exclusive, limited, revocable, non-transferable, and non-sublicensable license to access the Site and share, copy, download or print any Content contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trade-mark or other proprietary notice that appears on such Content. Brain Canada may revoke the license at any time in its sole discretion.
As a condition of your use of the Site, you agree:
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to use the Site to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that we endorse any other organization, business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
Content Shared by You
The Site may provide features that allow you to share, upload or submit Content or interact with other users of the Site.
You hereby grant to Brain Canada a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, distribute, adapt, translate, modify, make derivative works from, transmit, publicly perform or display such Content for purposes related to Brain Canada’s operations, mission, and contractual and legal obligations, in any medium or form.
You are responsible for the legality, reliability, appropriateness, originality and copyright of all Content that you share, upload or submit. Brain Canada is not responsible for any loss, damage, or corruption that may occur with respect to any Content you share, upload or submit to the Site.
With respect to all Content that you share, upload or submit to the Site, you represent and warrant that (a) you have the right to share, upload or submit such Content to the Site and that you have all obtained all necessary consents to provide such Content to us, (b) your sharing, uploading or submission of such Content complies with all applicable laws, (c) your sharing, uploading or submission of such Content does not violate or infringe upon the rights of any third party, and (d) such Content is not unlawful, fraudulent, proprietary, false, threatening, abusive, libellous, defamatory, obscene, profane, indecent, offensive, illegal or confidential in any way whatsoever.
With respect to Content that is shared, uploaded or submitted (a) for purposes other than those related to a specific grant application or donation or (b) to any part of the Site other than the Brain Canada SmartSimple portal, such as content you provide to our social media pages, you acknowledge and agree that such Content may become publicly accessible. With respect to any such Content, the Site is not a secure means of communication and any information you supply to us may not be kept confidential.
Conduct on the Site
Your use of the Site must at all times comply with all applicable laws, rules and regulations.
You will not use the Site or share, upload or submit Content or computer programs on the Site in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site or the facilities and/or services that are available on it or interfere with any other party’s use of the Site, its facilities and/or services.
You will not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or share, upload or submit on the Site any Content that may be regarded as constituting a commercial electronic message.
You may not attempt to gain unauthorized access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to the Site or any other site operated by Brain Canada through hacking, password mining or any other means. You will not delete or revise any Content shared, uploaded or submitted by any other person or entity. You shall not attack the Site via a denial of service attack.
You agree not to use the Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses, passwords or other personal information of other users), and will not make any submission which solicits confidential or personal information from other users.
Links to Third Party Sites
Accuracy and Availability
Content on the Site is provided for your general information purposes only and to inform you about us and our resources, news, services and other websites, which may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Disclaimer of Warranty and Limitation of Liability
The Site and all facilities, services and Content on the Site are provided to all users on an “as is” and “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, statutory or otherwise, in relation to the provision of the Site, including without limitation as to availability, completeness, accuracy and currency of any Content on the Site, uninterrupted or error-free operation, or as to satisfactory quality, title, operability, functionality, merchantability, non-infringement or fitness for a particular purpose.
There are certain inherent risks in using the Internet and the World Wide Web, and by accessing and using the Site you indicate your understanding that your use and the use generally of the Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.
To the fullest extent permitted by applicable law, neither Brain Canada nor any of its directors, officers, employees, agents or other representatives will be liable for direct, indirect, incidental, consequential, punitive or exemplary damages or losses, howsoever caused, arising out of or in connection with your use, inability to use or reliance on any facilities, services and/or Content offered through or from the Site or the acts or omissions of any third party such as other users of the Site, including but not limited to damages or losses related to loss of data, work stoppage, computer failure or malfunction, business interruption, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, under any legal theory, regardless of any negligence or other fault or wrongdoing by Brain Canada, even if Brain Canada knew of or ought to have known of the possibility of such damages or losses.
Suspension and Termination
Jurisdiction and Governing Law
Questions and Comments
Effective date: October 16, 2022