ACCESS AND USE AGREEMENT
This Agreement. This Website Access and Use Agreement (the "Agreement") is between you and Manito Ahbee Festival Inc. (the "Company"), and contains terms and conditions pertaining to your use of the "orangedaisyproject.com" web site (the "Website"). The Website is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE.
Modifications Of This Agreement. Company reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges (if any) associated with the use of the Website. Notification of changes will be posted on the Website, and you are responsible for regularly reviewing these terms and conditions.
ACCESS AND LIMITATIONS OF USE
Grant of Access. This Agreement provides you with a non-exclusive grant of access to and use of the Website at the sole discretion of the Company and subject to your continuing compliance with the terms and conditions of this Agreement.
Right To Restrict Access. Company reserves the right to change, suspend, or discontinue any aspect of its Website at any time, including the availability of any feature, database or content contained in the Website. The Company may also impose limits on certain features and services or restrict your access to parts of or all of the Website without notice or liability. The Company reserves the right in its sole discretion to correct any errors or omissions in any part of the Website.
Personal And Non-Commercial Use Limitation. Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from the Website.
Links To Third Party Sites. The Website contains links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for webcasting or any other form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Linked Site, its contents, or any association with its operators. Your use of any Linked Site is subject to the terms and conditions of the respective Linked Site.
No Unlawful Or Prohibited Use. As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Copyright. All content included in the Website is protected by copyright. All content currently displayed on the Website is either the copyrighted property of Manito Ahbee Festival Inc. and/or the copyrighted property of those providing content to Company ("Content Suppliers").
Trademarks. "Orange Daisy Project" is an exclusive tradename of Company. Other product and company names contained in the Website are the trademarks/tradenames of their respective owners.
Reservation of Rights. All copyrights, trademarks, and other intellectual property rights are hereby reserved.
No User Contributions. The Website does not contain any newsgroup, forum, or other message or communication facility that enables you to post or otherwise upload material to the Website.
LIABILITY DISCLAIMERS AND LIMITATIONS
No Representation or Warranties by the Company. You agree that the Website, including all content, functions, materials and information made available on or accessed through the Website, is provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, the Company makes no representations, endorsements or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to the Company, the Website, or any content, merchandise, information or service provided through the Website or the functions made accessible by any software used on or accessed through the Website, for any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the Website or any linked site. The Company does not warrant that the functions contained in the Website or any content contained therein will be uninterrupted, error free or that defects will be corrected.
No Endorsement by the Company of Internet information. You understand that the Company or its Content Suppliers do not operate, control, or endorse any information, products or services on the internet in any way nor does the Company or its Content Suppliers represent or endorse the accuracy or reliability of any advice, opinion, statement or other content displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that neither the Company nor its Content Suppliers shall be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content. You understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you, that you access such materials at your own risk and that the Company has no control over and accepts no responsibility whatsoever for such materials.
No Liability. You agree that in no event will the Company, its affiliates, and the Company's and its affiliates' respective officers, directors, employees, agents and contractors be liable for: (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Website, or any content or transactions provided on the Website, even if the Company, its affiliates, and the Company's and its affiliates or their authorized representatives have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Website and/or content, materials or information downloaded through the Website; or (iii) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of the Website or of any hardware, including any television set, monitor, or screen, arising out of or attributable to use by anyone of such hardware for the purpose of accessing and/or viewing the Website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Website. Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Website. Headings are for convenience only. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement and your use of the Website shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that exclusive jurisdiction for any claim or dispute resides in the courts of the Province of Manitoba. You further agree and expressly consent to attorn to the jurisdiction of the courts of the Province of Manitoba in connection with any dispute or claim involving you, the Company, the Company's affiliates, or the Website. The Company may assign its rights under this Agreement and its ownership of the Website or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone. Copyright 2016 Manito Ahbee Festival Inc.
Manito Ahbee Festival Inc., Orange Daisy Project
Principle 1: Accountability
Principle 2: Identifying Purpose
The purposes for which personally identifiable information is collected shall be identified on the Website at or before the time the information is collected. Personally identifiable information collected from you for one purpose will not be used for any other purpose without your prior consent. We do not sell or otherwise share personally identifiable information without your prior approval usually at the place on the Website where we collect the information. On the page where we ask for that information, there is a prominently displayed method to indicate to us that you do or do not want to receive promotional and/or marketing information about products, services and offerings. Check the appropriate box and your information may be used as described on the Website: leave it blank, and we consider it an opt-out. Either way, it is always your choice. As a subscriber to receive promotional/marketing or other additional information, each electronic communication you receive from us will contain an “unsubscribe” link, and if you elect to unsubscribe you will be promptly removed from our mailing list.
Principle 3: Consent
Principle 4: Limiting Collection
The collection of personally identifiable information shall be limited to that which is necessary for the purpose identified by the Website. Information shall be collected by fair and lawful means. Certain non-personally identifiable information is recorded by our web-servers and hosts, including type of browser being used, its operating system, and domain name, which provide us with aggregate statistics, including number of users to the Website, average length of visit to the Website, etc.
Principle 5: Limiting Use, Disclosure And Information
Personally identifiable information shall not be used or disclosed for purposes other than those for which it was collected, except with your prior consent or as required by law. Personally identifiable information shall be retained only as long as necessary for the fulfillment of those purposes. Company may retain your personally identifiable information on our mailing lists for the purpose of providing news, offers, opportunities and similar information to you, until you request to be unsubscribed from such mailing lists.
Principle 6: Accuracy
Personally identifiable information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. Company will periodically update its records to keep the information current.
Principle 7: Safeguards
Personally identifiable information shall be protected by security safeguards appropriate to the sensitivity of the information.
Principle 8: Openness
Company shall make readily available to you specific information about our policies and practices relating to the management of personally identifiable information.
Principle 9: Individual Access
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personally identifiable information and shall be given access to that information. You shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10: Challenging Compliance