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Privacy Notice

PRIVACY AND LEGAL TERMS OF USE


Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. PinkShirtDay.ca reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

Trademarks, Copyrights and Restrictions

This site is controlled and operated by Dave.ca Communications Inc., #218-1999 Suffolk Avenue, Port Coquitlam, British Columbia, Canada. PinkShirtDay.ca can be contacted by email at dave@dave.ca. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by PinkShirtDay.ca or by other parties that have licensed their material to PinkShirtDay.ca. You may use material from this site and other sites controlled by PinkShirtDay.ca only for your own personal, non-commercial use. Modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site or any Web site controlled by PinkShirtDay.ca may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web site or networked computer environment is prohibited.

Privacy Statement

PinkShirtDay.ca respects the privacy of the visitors to our sites on the Internet. PinkShirtDay.ca does not automatically collect any personally identifiable information from its visitors. Instead, names, addresses, email addresses and other personal information are obtained only when voluntarily submitted, such as when visitors fill out contest entry forms, subscribe to newsletters, respond to user surveys, or purchase merchandise or services online. Submitting personal information is not necessary to visit and use this or any PinkShirtDay.ca site, but may be necessary to participate in interactive aspects of the sites, such as contests and purchases. PinkShirtDay.ca does not sell or otherwise disclose to any outside parties any personal information that is provided to us, although PinkShirtDay.ca may sometimes use the information to add to our own mailing lists for newsletters and other mailings. PinkShirtDay.ca also may at times conduct contests or other promotions that are sponsored by or with outside parties. By virtue of the sponsorship, these outside parties may obtain personally identifiable information that visitors voluntarily submit in order to enter the contest or other promotions. PinkShirtDay.ca has no control over the outside sponsors’ use of this information. PinkShirtDay.ca will, however, provide notice to visitors when parties other than PinkShirtDay.ca will have access to personal information submitted in connection with this site.

While PinkShirtDay.ca does not obtain personal information from visitors to its Web sites unless it is voluntarily provided to us, we do use “cookies” and other technology to record certain non-personal information. This information is used to provide an enhanced online experience for the visitor, and may include the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system being used by the visitor (e.g., Macintosh, Windows), and the domain name of the visitor’s Internet service provider (e.g., America Online, Netcom). Non-personal information may also be used to count the number of visitors to the sites, but only in an aggregate form that does not personally identify any visitor. Likewise, personal information that is provided to us voluntarily may be aggregated and used for marketing, advertising, and other purposes in a manner that does not disclose the personal information of any individuals. We do not use “cookies” or similar technology to collect or cross-relate personal information about our visitors.

A Special Note For Parents Concerning Privacy

PinkShirtDay.ca asks that children under 13 years of age not submit personal information on this site and encourages all children to consult with their parents before furnishing personal information on this site or any other site on the Internet. Technology is not currently available, however, that would enable PinkShirtDay.ca to restrict children under 13 from submitting personal information without unduly limiting the ability of other visitors to interact with us and others online. Consequently, PinkShirtDay.ca suggests that parents supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers. Among other things, these tools can prevent children from disclosing personal information online without parental permission.

Linked Websites

This site may contain links to other sites on the Internet (”Linked Sites”). Although we screen all sites before linking to them, web sites and addresses change regularly. The Linked Sites are for your convenience only and you access them at your own risk. PinkShirtDay.ca is not responsible for the content of any Linked Site, whether or not that Site is affiliated with PinkShirtDay.ca or with any of our advertisers or sponsors.

PinkShirtDay.ca welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by PinkShirtDay.ca, its affiliates, or any group or individual affiliated with PinkShirtDay.ca. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on this site without prior written consent.

Disclaimer

The materials in PinkShirtDay.ca’s Web site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, PinkShirtDay.ca disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PinkShirtDay.ca does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that PinkShirtDay.ca or the server that makes them available are free of viruses or other harmful components. PinkShirtDay.ca does not warrant or make any representations regarding the use or the results of the use of the materials in PinkShirtDay.ca’s Web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not PinkShirtDay.ca nor Dave.ca Communications Inc.) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in PinkShirtDay.ca’s Web site is provided solely for entertainment and promotional purposes.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (”Forums”) are not necessarily those of PinkShirtDay.ca or its affiliated or related entities or content providers, and PinkShirtDay.ca makes no representations or warranties regarding that information or those opinions. Furthermore, neither PinkShirtDay.ca nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Web site.

E-Mail, Bulletin Boards, And Other Submissions

Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Dave.ca Communications Inc. throughout the universe and Dave.ca Communications Inc. shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to PinkShirtDay.ca’s Web site, you agree that Dave.ca Communications Inc. has the right to publish the material for any type of use, including promotional and advertising purposes.

PinkShirtDay.ca is not responsible for any material posted on our Forums. PinkShirtDay.ca reserves the right to edit or delete materials submitted to the Forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify Dave.ca Communications Inc. and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the agreements, representations, and warranties set forth in this Terms of Use. Jurisdictional Issues

Unless otherwise specified, the material in the PinkShirtDay.ca Web site is presented solely for the purpose of entertainment and promoting programs, events, products, and services available in Canada and the United States, its territories, possessions, and protectorates. This site is controlled and operated by Dave.ca Communications Inc. within the Province of British Columbia, Canada. PinkShirtDay.ca makes no representation that material in PinkShirtDay.ca’s Web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such Province. Any action you, any third party or Dave.ca Communications Inc. bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the provincial or Federal Courts located in British Columbia, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by at least one of the principals Dave.ca Communications Inc.
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