Acceptance of Terms
Welcome to Sri Lankans Without Borders, is a growing not-for-profit network based in Toronto that provides Canadians of Sri Lankan origin with opportunities to connect, build and lead initiatives that promote dialogue and cross-community engagement in the Sri Lankan Canadian diaspora and contribute responsibly to the further development of a democratic Sri Lanka based on principles of pluralism and equality. Sri Lankans Without Borders provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us without notice to you. You can review the most current version of the TOS at any time at: Terms of Service. In addition, when using particular Sri Lankans Without Borders services, you and Sri Lankans Without Borders shall be subject to any posted guidelines or rules applicable to such services that may be posted at our sole discretion. All such guidelines or rules are hereby incorporated by reference into the TOS.
Description of Service
Sri Lankans Without Borders currently provides users with access to countless resources, including various communications tools, collections of expressions, forums, and content through its web site (the “Service”). Unless explicitly stated otherwise, any new features that would improve the current Service, including the release of new Sri Lankans Without Borders sites and features, shall be subject to the TOS.
Your Obligation as a Visitor
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration forms (such information being the “SLWB Mailing List”) If you provide any information that is untrue, inaccurate, not current or incomplete, or Sri Lankans Without Borders has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sri Lankans Without Borders has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).
We collect personal contact information (for example, name, address, e-mail address and telephone numbers) if you: sign up for a newsletter; register for an event; or purchase any product from Sri Lankans Without Borders. This information is used to fulfill your request and to respond to your inquiries.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sri Lankans Without Borders, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Sri Lankans Without Borders has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sri Lankans Without Borders be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You Agree to Not Use the Service To
- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- Harm other visitors in any way;
- Impersonate any person or entity, including, but not limited to, a Sri Lankans Without Borders staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another; or
- 12. Collect or store personal data about other users.
You acknowledge that Sri Lankans Without Borders may not pre-screen Content, but that Sri Lankans Without Borders and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Sri Lankans Without Borders and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sri Lankans Without Borders or submitted to Sri Lankans Without Borders. You acknowledge and agree that Sri Lankans Without Borders may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sri Lankans Without Borders, our visitors and the public.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, or the country in which you reside.
Materials Submitted or Made Available for Inclusion on the Service
Sri Lankans Without Borders does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Sri Lankans Without Borders the following worldwide, royalty free and non-exclusive license, as applicable:
With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Exemption from Penalties
You agree to exempt from penalties and hold Sri Lankans Without Borders, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
Other Web Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sri Lankans Without Borders has no control over such sites and resources, you acknowledge and agree that Sri Lankans Without Borders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sri Lankans Without Borders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
These Terms of Service constitute the entire agreement between you and Sri Lankans Without Borders, and govern your use of the Service, despite any prior agreements between you and Sri Lankans Without Borders. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario shall govern the TOS, and the relationship between you and Sri Lankans Without Borders. You and Sri Lankans Without Borders agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Sri Lankans Without Borders to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Modification to Service
Sri Lankans Without Borders reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sri Lankans Without Borders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Sri Lankans Without Borders, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Sri Lankans Without Borders believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Sri Lankans Without Borders may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Sri Lankans Without Borders may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that Sri Lankans Without Borders shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Sri Lankans without borders expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Sri Lankans without borders makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Sri Lankans without borders or through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that Sri Lankans without borders shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sri Lankans without borders has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Please report any violations of the TOS to us.