WEB SITE TERMS OF USE
This version is in effect since July, 2007
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE peaceoperations.org, OPERATIONSDEPAIX.COM, OPERATIONSDEPAIX.CA and operationsdepaix.org WEB SITEs. THIS AGREEMENT EXEMPTS The Lester B. Pearson Canadian International Peacekeeping Training Centre Inc. AND OTHER PERSONS FROM LIABILITY AND/OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Ownership and Copyright
3. Permitted Uses
4. Prohibited Uses
5. Changes to the Agreement
6. No Linking, Framing, Mirroring, Scraping or Data-Mining
7. Login Names and Password
8. Posted Information and Submission
9. Personal Information Privacy
10. Other Sites
11. Contests
12. Disclaimer and Liability Exclusions
13. Indemnity
14. Termination of the Agreement and the Web Site
15. Governing Laws
16. Contact Us
17. Other Matters
1. Your Acceptance of this Agreement. This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or incorporated entity) and The Lester B. Pearson Canadian International Peacekeeping Training Centre Inc. (“PPC”) regarding your access to and use of PPC’s peaceoperations.org, operationsdepaix.com, operationsdepaix.ca and operationsdepaix.org web sites and all content, information, products and services available on or through the web sites (collectively, the “Web Site”). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you should not access or use this Web Site.
This Agreement is in addition to any other agreement you may have with PPC.
2. Ownership and Copyright. You acknowledge that any and all material, information, reports, articles, publications, courses material, lesson plans, data, databases, charts, graphics, photographs, images, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, institution or organization names, trade-marks, logos and trade names contained on this Web Site (collectively, the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of PPC or its respective owners, as the case may be and, are protected under Canadian and international copyright, trade-mark and other applicable laws. You do not acquire ownership rights or any implied right to any Content obtained through this Web Site and the posting of information or materials on the Web Site does not constitute a waiver of any rights in such information, materials and Content. Some of the material posted on the Web Site such as articles and other documents express the views of their respective authors, which may not be the views of PPC, its employees, directors, officers or funders.
3. Permitted Uses. PPC hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located in the publicly-accessible portions of the Web Site for personal, educational, research and public non-commercial and not-for-profit use only. When using the Content you shall credit PPC as the source of the information. Use of the password-protected area of the Web Site and their authorized users is subject to additional terms and conditions. The use of News Releases posted on our Web Site is also authorized in public communications if the source of the information is mentioned. PPC authorizes you to download and use photographs posted by us on this Web Site and expressly labelled as “downloadable” for media purposes, or personal, educational, research and public non-commercial and not-for-profit use only. Downloading any photographs that are not expressly identified as “downloadable” is strictly prohibited and would be in violation of this Agreement.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative work based on, republish, transmit, repost or otherwise use any of the Content of this Web Site, without the prior written permission of PPC. Any request for such permission should be addressed to info@peaceoperations.org.
4. Prohibited Uses. You may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (ii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any content for any public, commercial or non-educational or non-personal purpose, including without limitation use of the Content on any other web site; (iii) use this Web Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Web Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Web Site; or (iv) disrupt or interfere with any other person’s use or enjoyment of this Web Site or affiliated or linked sites, or any services thereof.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Web Site, and that you will comply with all laws that apply or may apply to use of or activities on this Web Site or in respect of the Content. PPC will investigate occurrences which may involve violations of such laws and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
5. Changes to the Agreement. PPC reserves the right from time to time, in its sole discretion, to add, remove, modify or otherwise change any part of this Agreement without specific advance notice to you. The latest Agreement will be posted on this Web Site, and you are responsible for periodically reviewing the Agreement prior to using the Web Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Web Site immediately. Access to this Web Site or use of this Web Site after any amendments have been posted shall constitute your acceptance of the amended terms and conditions. You may not change this Agreement in any manner.
6. No Linking, Framing, Mirroring, Scraping or Data-Mining. Links to this Web Site without the express written permission of PPC are strictly prohibited. To request permission to link to the Web Site, please send an e-mail to info@peaceoperations.org. PPC may in its discretion cancel and revoke any permission it may give to link to the Web Site at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of this Web Site or any of its Content in any form and by any means is also strictly prohibited.
7. Login Names and Password. Certain activities, features or portions of this Web Site are accessible only if you have been issued a login name and/or password (collectively " Codes") by PPC. For the purposes of accessing these features or portions of the Web Site, the Codes remain the property of PPC and may be cancelled or suspended at any time by PPC in its discretion without any notice or liability to you or any other person.
PPC is not under any obligation to verify the actual identity or authority of any person using Codes to access and use this Web Site. PPC may act upon any communication that is given with the use of Codes. PPC may in its discretion at any time require proof of the identity of any person seeking to access and use the Web Site, and may deny access to and use of the Web Site or parts of it or refuse to accept or act upon any communication if PPC is not satisfied with such proof.
You are fully responsible and liable for the security of your Codes and any and all use and misuse of your Codes. You will keep your password secure and confidential at all times and you must not disclose your Codes to anyone. You agree to immediately notify PPC by e-mail at info@peaceoperations.org if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
8. Posted Information and Submission. This Web Site may provide features that allow you to post messages and content, to interact with PPC and other users through a forum and to upload files, documents or other materials (collectively, the ”Submissions”). When using any of the features of the Web Site which allow you to post, upload or make Submissions, it is a condition of your use of this Web Site that you agree not to:
(i) restrict or inhibit any other user from using and enjoying this Web Site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of PPC imposes an unreasonable or disproportionately large load on the PPC website infrastructure;
(ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
(iv) post or transmit any Submission that promotes racism, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities;
(v) delete or revise any content posted by any other person or entity;
(vi) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(vii) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;
(viii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
(ix) use the Web Site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.
By posting or uploading Submissions to this Web Site, you grant PPC a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose. In addition, you hereby (i) agree to waive all moral rights in any Submission in favour of PPC; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that PPC is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on this Web Site will be considered non-confidential.
PPC may review Submissions before they are posted and may refuse to post any Submission to this Web Site. PPC reserves the right, in its sole discretion, to edit or remove any Submission. You acknowledge and agree that PPC may, in its sole discretion, monitor this Web Site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate this Web Site properly or to protect itself or other users of the Web Site. Any such disclosure shall be in accordance with PPC's Privacy Policy.
PPC is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of PPC, its directors, officers or funders.
9. Personal Information Privacy. PPC may in its discretion monitor your use of the Web Site. PPC collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and is available on this web site. This Privacy Policy may be changed by PPC from time to time, in its sole discretion, without notifying or being liable to you or any other person by making an amended Privacy Policy accessible through the Web Site. Each time you use the Web Site, you consent to the collection, use and disclosure of your personal information by PPC according with the Privacy Policy as it then reads.
10. Other Sites. While this Web Site may contain links to third party sites, PPC is not responsible for the content of any linked sites. PPC provides these links only as a convenience and which are not under the control of PPC. PPC makes no representation or warranty regarding, and does not endorse, any linked web sites, the information or any of the products or services appearing, available or described thereon. Links do not imply that PPC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such sites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party sites.
11. Contests. From time to time PPC may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
12. DISCLAIMER AND LIABILITY EXCLUSIONS. PPC makes reasonable efforts to ensure that the general Content it provides to the Web Site is accurate and current. HOWEVER, THIS WEB SITE AND ITS CONTENT ARE NOT TO BE CONSTRUED AS A FORM OF PROMOTION. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND“AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ALL OF WHICH ARE DISCLAIMED BY PPC AND PPC’S SERVICE PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL PPC, ITS AFFILIATES, MANDATORIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEB SITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEB SITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY PPC OR ANY PERSON FOR WHOM PPC IS RESPONSIBLE EVEN IF PPC OR ANY OF ITS LAWFUL MANDATORIES OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
PPC ASSUMES NO OBLIGATION TO UPDATE THE CONTENT OF THIS WEB SITE AND PPC IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
13. Indemnity. You agree at all times to indemnify, defend and hold harmless PPC, its affiliates, mandatories, suppliers, service providers and their respective directors and employees (collectively, the “Indemnified Parties”) from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Indemnified Parties directly or indirectly in respect of your use of the Web Site and Content in breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
14. Termination of this Agreement and the Web Site. If you breach any provision of this Agreement, we may prohibit you from using this Web Site. PPC may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Web Site or any part of it, including i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Web Site; ii) removing, adding, modifying or otherwise changing any Content on this Web Site. PPC reserves the rights, in its sole discretion, to correct any errors or omissions in any portion of this Web Site at any time without notice, but confirms that it has no obligation to do so.
If this Agreement or your permission to use this Web Site is terminated by you or us for any reason, then (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Web Site and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 16 survive indefinitely after the termination of this Agreement.
15. Governing Laws. This Web Site is controlled, operated and administered by PPC from its offices located in Canada. This Agreement will be governed by the laws of the province of Nova Scotia and the federal laws of Canada and shall be treated in all respects as a Nova Scotia contract, without reference to the principle of conflicts of law. In the event of a dispute, you irrevocably agree to submit and attorn to the non-exclusive jurisdiction of the Nova Scotia courts. You agree not to export any of the Content accessible through this Web Site in violation of applicable export laws and regulations.
16. Contact Us. If you have any comments or questions about this Agreement or your use of the Web Site, please contact PPC at info@peaceoperations.org, call us at (613) 520-5617 or send your questions or comments to Pearson Peacekeeping Centre, HCI Building, 1125 Colonel By Drive, Suite 5110, Ottawa ON, K1S 5B6, Canada.
17. Other Matters. This Agreement, as it may be amended from time to time and any and all other legal notices and policies on this Web Site, constitute the entire Agreement between you and PPC with respect to the use of this Web Site and the Content.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provisions in any other jurisdiction.
This Agreement shall ensure to the benefit of and be binding upon you and PPC and our respective successors and permitted assigns.
Any rights not expressly granted by this Agreement are reserved to us.
It is at the request of the parties that this Agreement and all other related documents are written in the English language; C’est à la demande des parties que la présente entente et tous les documents s’y rapportant sont rédigés en anglais.