Terms & Conditions - Colour Project

The Colour Project

Terms & Conditions


The following Terms of Use (“Terms”) set forth the terms of use governing this website (the “Site”).


Please read the following Terms carefully before using the Site or submitting any information through the Site. Your use of the Site and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms without limitation or qualification and creates a binding agreement between The Colour Project Society (“TCP”) and you (the “Agreement”). IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION THROUGH THE SITE.


These Terms may be modified from time to time. Modifications shall be effective immediately upon being posted to the Site. You should read these Terms whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by these Terms as modified.


1. Restrictions on Use of the Site


You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms, make single copies or prints of the content from the Site solely for your personal, non-public, internal and non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from the Site. For the avoidance of doubt, unless otherwise specifically indicated in these Terms or on the Site, use of the Site is only for your personal, internal and non-commercial use. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.


2. Ownership


TCP owns, solely and exclusively, all rights, title and interest in and to the Site. All of the content on the Site, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of TCP or others and your use of all such content is subject to the restrictions set forth in paragraph 1 above. The TCP trademarks and logos are owned by TCP and may not be used or displayed without the prior written consent of TCP. All trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners and may not be used in connection with products and/or services that are not related to, associated with or sponsored by their rights holders, or in a manner likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on the Site is strictly prohibited. No right, title or interest in any Site content, code, data or materials, or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site. If you make use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided herein, you may violate copyright and other laws of Canada, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.


3. Site Directed at Canadian Visitorsp


The Site is targeted at and intended for visitors residing in Canada. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of Canada. TCP makes no representations or warranties that the Site is appropriate or available for use in countries outside of Canada. Visitors who choose to access the Site from outside of Canada do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.


4. Public Forums & Code of Conduct


The Site may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (v) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (vi) contain a virus, spyware, or other harmful component; (vii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (viii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including TCP, TCP’s family or TCP’s personnel. You may not offer to buy or sell any product or service on or through your comments submitted on the Site. You alone are responsible for the content and consequences of any of your activities and any actions that violate these Terms may subject you to civil and criminal liability. The posts, comments and/or messages of users of the Site do not reflect the views of TCP or the Site.


5. Right to Monitor and Editorial Control


TCP reserves the right, but does not have an obligation, to monitor or review all materials posted to the Site, and TCP is not responsible for any such materials posted by users. However, TCP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or TCP request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever.

6. Private or Sensitive Information on Public Forums


It is important to remember that comments submitted may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information to TCP or on the Site.


7. Linking to the Site


Unless otherwise specifically indicated in these Terms or on the Site, you agree that: (i) if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site; (ii) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by the Site to be displayed on another web site; and (iii) you may not download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. TCP reserves all of TCP’s rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.


8. Links to Third Party Sites


To provide you with access to related sites, the Site may contain links to third party websites. By linking to such sites, you agree to review and agree to such third party websites’ terms of use and privacy policies before using such website. TCP is not responsible for the privacy practices or the content of any of such third party websites. TCP is not affiliated with, and does not endorse or sponsor, any such third party websites or any product or service of any such third parties. The Site disclaims any liability for links from another web site to this Site or for links to another website from this Site. TCP does not represent or warrant that the contents of any third party web site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. User Registration and Security


You understand that you may need to provide certain information (e.g. phone number, email) to have access to some parts of the Site and/or to access the texting service, depending on whether you are a TCP volunteer, help-seeker, or both. In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Site's registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TCP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TCP has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.


10. Disclaimer


YOUR USE OF THE SITE IS AT YOUR OWN RISK.


TCP IS NOT A CRISIS INTERVENTION SERVICE and TCP VOLUNTEERS ARE NOT LICENSED COUNSELLORS, THERAPISTS, PSYCHOLOGISTS OR OTHER HEALTH PROFESSIONALS. You are responsible for evaluating any advice received and the appropriateness for your circumstances. To the extent that some TCP Volunteers may practice professionally outside of TCP as licensed counsellors, therapists, psychologists, or other health professionals, for the purposes of TCP, these volunteers are NOT HELD RESPONSIBLE AS LICENSED PROFESSIONALS, are given and tasked with the same training, approaches, duties, resources, and expectations as other volunteers without professional qualifications, and are covered under all terms and agreements within this document and within the TCP Privacy Policy as set forth on the Site. TCP cannot predict or assess the competence of, or appropriateness for your needs, of the TCP volunteer as a licensed professional outside of his/her capacity as a TCP volunteer. You are responsible for seeking out a professional outside of TCP to obtain professional advice as necessary.


Crisis situations are defined as any noted risk or act of harm to self, harm to others, or other acts or events that may or be expected to lead to an unstable and dangerous situation for help-seekers, volunteers, or other individuals, groups, communities, or the whole society.


Your relationship relating to the TCP volunteer is strictly with the TCP volunteer. We are not involved in any way with the actual substance of that relationship, although we endeavour by all means to train and support volunteers to the fullest extent possible and to ensure that guidelines are followed to the fullest extent possible, along with auditing messages periodically.


All text messages sent and received by TCP volunteers and users of the texting platform are stored for one year, and accessible by TCP administration for audit purposes and to ensure safety of all users.


TCP makes no representation or warranty whatsoever as to (a) the willingness or ability of any TCP volunteer to give advice, (b) whether users/help-seekers find a TCP volunteer’s assistance to be useful or satisfactory, (c) whether the user/help-seeker finds a TCP volunteer’s advice relevant, useful, accurate or satisfactory, (d) whether the TCP volunteer’s assistance will be helpful, (e) whether the advice of the TCP volunteer will be responsive or relevant to the user/help-seeker’s question, or (f) whether any advice from a TCP volunteer will otherwise be suitable to the user/help-seeker’s needs.


TCP attempts to the best extent to verify the skills, qualifications, or background of all TCP volunteers. While we endeavour to do so to the best of our abilities, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, qualifications, competence or background of any TCP volunteer.


TCP may provide bulletin boards which allow community members to post questions about various topics and allow users/help-seekers, TCP volunteers, and others to support each other and answer questions. Information and advice found on via TCP is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on the Site. Any reliance on information is done at your sole risk and liability.


TCP DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY TCP VOLUNTEERS AND TCP WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USERS/HELP-SEEKERS DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.


IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.


Additional

TCP does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TCP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TCP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.


TCP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. The Colour Project Society IS NOT RESPONSIBLE FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANY USER OF THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.


WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, TCP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES MENTIONED ON THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.


11. Limitation of Liability


IN NO EVENT SHALL TCP OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING WITHOUT LIMITATION DAMAGES TO YOUR COMPUTER EQUIPMENT. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.


12. Injunctive Relief


You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of TCP will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.


13. Indemnification


You agree to indemnify, defend and hold harmless TCP, their respective officers, directors, members, volunteers, agents, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms or the Privacy Policy.


OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER TCP NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, VOLUNTEERS, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.


14. Force Majeure


15. Privacy and Copyright Protection


The TCP Privacy Policy explains how we treat your personal data and protect your privacy when you use our services. By using our services, you agree that TCP can use your data in accordance with our privacy policies. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Neither TCP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, ‘acts of God’, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.


16. Our Services and Software


Our services may include downloadable software, which may update automatically on your device once a new version or feature is available. Some services may let you adjust your automatic update settings.


You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. We are constantly changing and improving our platform and services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.


You can stop using the TCP platform and services at any time. TCP may also stop providing services to you, or add or create new limits to our services at any time.


We believe that you own your data and preserving your access to your data is important. Upon request, we will delete your account, your forum posts, or both.


17. Termination


TCP may terminate, change, suspend or discontinue any aspect of the Site at any time. TCP may restrict, suspend or terminate your access to the Site if you are in breach of these Terms or applicable law, or for any other reason, without notice or liability.


18. Governing law and jurisdiction


All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.


Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of British Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


If you do not comply with these terms, and we don’t take action right away, we retain the rights we may have including taking action in the future.


If it turns out that a particular term is not enforceable, this will not affect any other terms.


19. Entire Agreement


These Terms are the entire agreement between you and TCP and supersede any prior understandings or agreements (written or oral).

20. Additional Assistance


If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us at hello@thecolourproject.ca.