In this User Agreement, the following terms have the following meanings:
|“Partner”||means persons, companies, or organizations, who have commercial or business connections with Gender Creative Kids Canada;|
|“Agreement”||means this agreement between Gender Creative Kids Canada and you;|
|“Content”||means all content and material included on our site, including, but not limited to text, graphics, logos, button icons, news articles, photographs, images, audio clips, digital downloads, data compilations, and software|
|“Gender Creative Kids Canada”||means any trade marks belonging to Gender Creative Kids Canada, whether registered or unregistered, including without limitation, Gender Creative Kids Canada logo or other proprietary graphic representation in any form;|
|“Our Site”||means gendercreativekids.ca|
|“Services”||means any services provided by our site, including but not limited to “resource library”, “news”, “events”, “service providers”, “connect locally”|
|“User”||means any person who accesses or logs on to our Site;|
|“We”, “us” or “our”||means Gender Creative Kids Canada (GCK), a non-profit organisation registered in Québec, Canada.|
|“Your Content”||means all submitted content for “Resources” and “Service Providers” and “Connect Locally”|
This site – Gender Creative Kids (GCK) is owned and operated by Gender Creative Kids Canada (“we” or “us”). The following terms and conditions apply to your use of our website gendercreativekids.ca (our Site). Please make sure that you read these terms and conditions carefully and completely understand them. By using our site you accept and agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use Gender Creative Kids Canada.
We may amend, add to or replace these terms and conditions at any time. Any amendments, additions or replacements will be effective from date of posting. Please check back to our Site regularly to familiarize yourself with any changes to terms and conditions.
GenderCreativeKids.ca provides resources for supporting and affirming gender creative kids within their families, schools and communities.
By offering information and opportunities for connection between parents and caregivers, educators, health and social service providers, researchers, activists, and children and youth across Canada, we hope to contribute towards transforming our world into a safe, affirming, and joyful place for all children.
Are you under 14 years of age?
At GCK, we are sensitive to issues, which apply to the younger users of our Site. We are aware of the need for parents to be involved to minimize the amount of information we collect and disclose from our users less than 14 years old (underage users). We undertake that we will only use online contact information of our underage users:
- To respond to specific requests from one of our underage users;
- and in order to contact the parent of one of our underage users.
We will not use giveaways, competitions or other special games as a means of obtaining more information about an underage user than is reasonably necessary to conduct such activities.
We strongly recommend that you give as little information as possible about yourself when using our Site. You should only give information about yourself at our Site as necessary, for example, to enter competitions, giveaways or reacting to content.
Your use of our Site
Our Site is provided to you for personal use. You must not re-sell access to our Site to another person or use any part of our site commercially without prior written consent.
All material on the site is presented for your information only. You acknowledge that you are not permitted to download any material except when expressively invited to do so.
All information, text, images, graphics, software and advertisements contained in our Site are protected under copyright and trademark laws and all rights are reserved.
When you access and use our Site, you agree that you do so on the following conditions:
You may retrieve, review or download a single copy of the material at our Site for your personal information and entertainment only; You may save one local copy of or print one copy of material from it for your own personal information or entertainment and/ or to inform others about it, but you may not charge any fee for any such use and all commercial exploitation of any material on our Site is expressly prohibited; Any copyright notice or mark appearing on any material which you copy or print from our Site must be included and acknowledged on any copy you make or download; You must keep all material you copy or print from our Site intact and in the same form as presented on our Site; and You may not modify any material taken from our Site without our express permission. You must not use our Site or any of the material contained in it for any purpose which is unlawful, prohibited under these terms, or which violates any of our rights or any other owner of any rights in the material contained in our Site.
You acknowledge that some information, materials and opinions are posted to our Site by other users. We do not endorse or support the information or materials posted to our Site by other users, nor do we share the opinions expressed by users of our Site.
You represent that the Services selected by you are solely for your own use and not for the use or benefit for any third party. You agree to use our information and Services for lawful purposes only. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the avoidance of doubt, we do not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of our Site or any linked web site. Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on our Site.
Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representation made in connection with its advertisement.
We make no warranty that the goods acquired from us over our Site will meet your particular requirements. We may change, suspend or discontinue all or any part of our Services at any time, including the availability of any feature, database or Content. We may also impose limits on certain features and Services or restrict your access to all or any part of our Services without notice or liability. We, at our sole discretion, reserve the right to modify this Agreement at any time and inform you of the modification by posting a notice on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications.
Our partners or we do not and are not obliged to provide or maintain any equipment or ancillary services needed by you to connect to, access or otherwise use the Services.
The GCK logo is our registered trademark. There are many other logos, symbols and names which appear at our Site which are also registered trademarks. None of these marks, which we either own or control, may not be used without our prior express and written permission. Any of the marks not owned or controlled by us may not be used without the express permission of those who own them. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided as hereafter stated) or create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials or Services in whole or in part, except with our prior written consent. Our Site (or any portion thereof) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) and/or of our Partner without express written consent.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior express written consent. Any unauthorized use terminates the permission or license granted by us and constitutes a breach of this Agreement.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Site so long as the link does not portray us, our partners, and/or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of GCK intellectual property, including GCK as part of the link without our prior express written permission.
Our graphics, logos, page headers, button icons, scripts, and service names are our intellectual property. GCK may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among members of the public, including but not limited to other Users and our business partners, or in any manner that disparages or discredits any of the aforementioned parties in any way.
All other trademarks that do not belong to us that appear on our Site are the property of third parties, who may or may not be Partnered with, connected to, or sponsored by us, and you shall be obliged to observe the rights of such parties.
If you have any enquiries about using any of the marks or the material which appears at our Site, please contact firstname.lastname@example.org
Links to other sites
Parts of our Site contain hyperlinks to websites, which are operated by third parties.
We are not responsible for the contents of any of these linked websites or any hyperlinks contained in the linked websites.
The inclusion of a link to another website does not imply our endorsement of the linked website nor of the content available at the linked website. By including the link at our Site we are not making any representation in relation to the linked website or its content.
You activate a link at our Site to any other website entirely at your own risk.
Information you provide to us
When you use or participate in any interactive facility at our Site, such as reacting to articles or posting questions to be answered by experts, you agree that you will not:
Post or transmit any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or encourage any other person to do so; Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, publicity, performance, moral or copyrights unless you have first obtained the express permission of the relevant right holder; Knowingly post or transmit any material which contains a virus or similar software which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material); Collect or store personal data about other users of our Site; Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in our Site or posted or transmitted on an interactive facility; Download or post any material which you know or ought to know cannot be legally distributed; Forge communications or take any other action which would disguise the origin of the communications transmitted by you through our Site or allow another person to transmit communications that falsely identifies you as the origin of such a communication; Interfere with or disrupt networks connected to our Site or servers; Use our Site for illegal purposes. You must also comply with all regulations, policies and procedures of networks connected to our Site.
By participating in any interactivity on our Site, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material you provide to our Site.
You expressly waive in favour of us and any other party authorised by us all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire. At our request and expense you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not violate any third party and will not cause injury to any person or any legal entity; and that you will indemnify us or our Partner for all loss, claims and damages resulting from Your Content.
We have the right but not the obligation to monitor and edit or remove all or any part of Your Content.
We take no responsibility and assume no liability for Your Content and any content posted by any third party.
We reserve the right to determine whether or not your conduct is consistent with the letter and spirit of these terms and may, at our sole discretion, immediately remove any content You post on our Site if your conduct is found to be inconsistent with these terms.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content.
We reserve the right (but not the obligation) to remove or edit Your Content, at our absolute discretion but are not obliged to regularly review posted content.
For the content contained within the various Dossiers of our Site, that was not created and/or written by GCK, the process to obtain the content is as follows:
- The author and/or the source of the content and/or website on which it is originally posted is contacted to obtain permission to repost the content on our Site
- Once permission is obtained We post the original content on Our Site taking into consideration any requests of the author of the content and/or website on which it is originally posted
- In circumstances in which no response is received after We send out an email requesting permission from the author of the content and/or website on which it is originally posted, We post the content on our site while making every effort to provide/give proper credit for the content while respecting the copyright(s)/trademark(s) of the author of the content and/or website on which it is originally posted
- In circumstances in which We could not locate/retrieve the information necessary to contact the author of the content and/or website on which it is originally posted, We post the content on our site while making every effort to provide/give proper credit for the content while respecting the copyright(s)/trademark(s) of the author of the content and/or website on which it is originally posted
If you find content posted on Our Site that you own for which you did not give permission to GCK to post, please contact us immediately and we will either request permission to keep the content on Our Site or remove your content immediately.
Provided information is not medical advice.
Gendercreativekids.ca is proud of the wealth of information we provide but please be aware that the information available on our web site should not be considered as medical advice. GCK does not recommend nor support any particular treatment. The Gendercreativekids.ca site is strictly for educational and informational purposes. Please be advised that none of the information found on our website should be used for diagnosing or treating a particular health problem or disease nor should it take the place of a consultation with your health care professional. It is your responsibility to consult with your own physician, therapist, or appropriate medical provider when it comes to the applicability of any information, advice, or recommendation provided regarding your own symptoms or medical condition and prior to making any health and wellness decisions.
The artworks presented, including graphics, logos, poetry, drawings, music, or any other art forms are intellectual property of the respective owners. The Content in this section is not owned or controlled by us, and may not be used without the express permission of those who own them. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided as hereafter stated) or create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content in this section in whole or in part, except with the prior written consent of the respective owners of the respective property. To obtain prior written consent of the respective owners of the respective property, please contact email@example.com and we will forward the request to the respective owners of the respective property. We do not endorse or support the information or materials posted in this section, nor do we share the opinions expressed by art forms.
What we may do
We may refuse the right for you to use our Site or any part of our Site if you give information which is untrue, inaccurate or incomplete. We may also suspend, cancel or terminate your access to our Site or any part of our Site if you breach or fail to observe these terms.
You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times our Site may be unavailable.
We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of our Site. We cannot guarantee the preservation of any record of your content and may delete information at our sole discretion and without notice.
Our Site is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Site or the information, Content, materials, or the merchantability or fitness for a particular product, service or merchandise, its purpose or non-infringement included on our Site, whether it is provided by us and/or our partners.
You expressly agree that your use of our Site is at your sole risk and we have no special relationship with you nor owe any duty of any kind to you and/or any third party and make no commitment to screen, edit, monitor, or censor any Content transmitted or received via our Site or stored on any computer equipment attached to our network over the Internet.
We do not warrant that our Site, its servers, or e-mail sent from us or our Site are free of viruses or other harmful components.
You expressly release us from any responsibility or liability for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our Site.
Limitation of Liability
We will not be liable for any damages of any kind arising from the use of our Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
We make no guarantee of confidentiality or privacy of any communication or information transmitted on our Site or any web Site linked to it.
We will not be liable for any loss of information, private or otherwise, if such information was lost through the unauthorized access, “hacking” or other intrusion into our Site and its network.
Under no circumstances shall our liability, if any, exceed CDN$100.
This Agreement is not assignable, transferable or sub-licensable by you except with our prior express written consent.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
Site Policies, Modifications, and Severability
We reserve the right to make changes to our Site, our policies, and the terms and conditions of this Agreement at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of such remaining terms and conditions.
Our partners and we attempt to be as accurate as possible with respect to the description of our Services. However, we do not warrant that Services descriptions or other related Content on our Site is accurate, complete, reliable, current, or error-free.
GCK does not rent, sell or otherwise share any personally identifiable information about our users. We will not transfer any personal information to any third parties, unless we explicitly state otherwise at the point the information is collected.
The name which you give us and any pseudonym or nickname which you provide to us may be disclosed at parts of the Site. We may also display details of the ‘nickname’ which you give us and your geographic area.
Otherwise, we do not disclose personal information, such as your real name or email address, unless we are required to do so by law, regulation, an applicable industry code, for safety reasons or where we reasonably believe that you are in breach of our user terms or are engaged in illegal activities.
We provide our Site and the Service “as is” and without any warranty or condition with regard to our Site, express or implied except those warranties which are implied by law.
Our Site contains material, which is provided by third parties, including users of our Site. We do not take any responsibility for third party material.
We screen all material posted to our Site in advance. We may monitor or screen material posted to our Site by users. However, we do not guarantee that we will always monitor or screen material posted to our Site and we are not liable to you whether or not we monitor/ screen or do not monitor or screen such material.
We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence and recklessness) arising out of or in connection with this agreement.
We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of our Site may be interfered with by numerous factors outside of our control.
You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our partners, sponsors, subsidiaries, parents, directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of our Site.
You agree to indemnify and defend us, our partners, sponsors, subsidiaries, parents, directors, employees, agents and representatives (the GCK indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the GCK indemnified parties arising out of or in connection with the performance of its duties as described in this agreement (except as caused by the gross negligence or wilful misconduct of the GCK indemnified parties) including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission.
You further agree to indemnify and hold the GCK indemnified parties harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
- The violation of these terms by you, or The infringement by you, or other user of the Service using your user name and password, of any Intellectual property or other right of any person or entity. These indemnities are subject to “Our liability to you” and “Limitation of our liability to you”.