Terms & Conditions

Calgary Counselling Centre operates The Your Stories project through www.calgarycounselling.com (herein, the ‘Website’). The Website allows users to post a video about their personal emotional issues and counselling experience, whether by direct post on the site, video, as well as posting an update to Twitter©, Facebook©, or Google+©.
In using the Website, you (hereinafter referred to as “you” or “the user”) agree to the terms and conditions set out below.

The Website is governed by the terms and conditions of use set out below, in addition to all other applicable web pages and legal terms that may be found from time to time on the Website, including without limit those legal terms found at the Website (collectively the “Terms and Conditions”). By your use of the Website and the services provided therein (the “Services”) or by otherwise agreeing to use any feature on the Website, you indicate that you accept the Terms and Conditions, and that you agree to be bound by and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Calgary Counselling Centre that you will use the Website only in a manner that is consistent with the Terms and Conditions, which is a condition of your continued access to the Website and use of the Services. If you do not agree with the Terms and Conditions, you must not access the Website or use the Services.

MODIFICATIONS TO SERVICES AND TERMS AND CONDITIONS

Calgary Counselling Centre reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments to the Website and its features, at any time without prior notice. Each time you use the Website, it is your responsibility to check the Terms and Conditions for any changes. Your continued use of the Website following the posting of changes to any Terms and Conditions will mean you accept those changes.

LICENSE TO CALGARY COUNSELLING CENTRE

In order for Calgary Counselling Centre to provide the Website, and as a condition to the use of its features, you hereby grant to Calgary Counselling Centre a perpetual, non-exclusive license to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided by you to Calgary Counselling Centre through the Website (“User Content”) for the purpose of sharing through various media outlets and communications.

We further agree that User Content will be used in accordance with our Privacy Policy:
The privacy of users of this website is very important to Calgary Counselling Centre. Calgary Counselling Centre respects your privacy and is committed to protecting personal information you provide to us. This statement explains our policies and practices regarding the use and disclosure of your personal information by Calgary Counselling Centre. Please note that Calgary Counselling Centre reviews and updates this policy from time to time as needed. You should review the terms of this policy periodically to make sure you are aware of how Calgary Counselling Centre collects and uses personal information.

Personally identifiable information is not collected unless specifically submitted via an online registration function or registration form, an electronic mail message, a phone call or postal mail. All information is kept confidential – this is subject to any legal requirements to disclose. Calgary Counselling Centre will not maintain records on individuals without permission. All information is protected by Calgary Counselling Centre’s physical, electronic and managerial security methods, which are updated as necessary.
Information you provide may be used periodically to keep you informed of Calgary Counselling Centre and its member agencies, including programs, services, opportunities to volunteer, events, funding needs, and more. If at any time you no longer wish to receive such information, please contact us at the phone number or email listed above.
Any website of Calgary Counselling Centre may provide links to other third party websites. These are provided for convenience only and you access them at your own risk. Even if a third party is associated with Calgary Counselling Centre through a business relationship or otherwise, Calgary Counselling Centre is not responsible for the privacy policies or practices or content of such third party websites.

Furthermore, and as a condition to your access to Website and use of its features, you represent and warrant to Calgary Counselling Centre that you are the owner of the copyright to User Content or that you have written permission from the copyright owner to submit User Content to Calgary Counselling Centre’s Website and provide Calgary Counselling Centre with the rights set forth in this paragraph.

In addition, you warrant that all moral rights in any User Content have been waived in writing.

USER’S WARRANTIES AND REPRESENTATIONS

You represent that you have reached the age of majority or legal age in your jurisdiction and have the ability to enter into legally binding contracts under applicable law.
You warrant the accuracy of all information provided to Calgary Counselling Centre. Calgary Counselling Centre is under no obligation to verify the accuracy of any information entered by any user of the Website. You warrant that, in using the Website and its features that you are not infringing any trademark, copyright, moral rights, or other intellectual property rights or privacy or personality rights of any person or legal entity whatsoever, including without limitation rights of other individuals. Calgary Counselling Centre is under no obligation to ensure that User Content on the Website does not infringe applicable laws, including privacy laws and user or third party rights. You represent and warrant to us that you have obtained all necessary consents, releases and permissions from identifiable individuals whose personal information or likeness may be included in any User Content which you provide to us and in any use of the Website.

PROHIBITED MATERIAL

You may NOT place any User Content on the Website:

  1. that is threatening, harassing, hateful, violent, abusive, obscene, pornographic, libelous, defamatory, profane or that could give rise to any civil or criminal liability under any applicable law, or that is otherwise inappropriate;
  2. that does or could infringe any trade-marks, copyrights, third party rights, or any intellectual property of any kind whatsoever or rights of privacy or publicity without the express permission of the owner of these rights and the persons who are shown in the User Content;
  3. that is sent from an anonymous, unverifiable or false address;
  4. that impersonates another person without such person’s express consent;
  5. that seeks to promote or solicit any business without express consent.

Calgary Counselling Centre has the sole discretion to determine whether User Content submitted is Prohibited Material and to refuse to accept any User Content (whether Prohibited Material or not). Any User Content submitted to Calgary Counselling Centre may be subject to examination from time to time. You acknowledge that although Calgary Counselling Centre does not and will not examine and review all User Content submitted or transmitted to the Website and is not responsible for User Content or the screening, policing, editing, or monitoring of User Content, Calgary Counselling Centre has the right, but not the obligation, to review, delete, move, edit and take any other action with respect to User Content that it deems necessary or appropriate in its sole discretion, for any reason, at any time, without notice. Users acknowledge that any User Content may be removed, published, copied, modified, transmitted and displayed by Calgary Counselling Centre to comply with a legal obligation, court order, subpoena or other lawful request from governmental authorities.

INDEMNIFICATION

Each user of the Website agrees to indemnify, defend and hold harmless Calgary Counselling Centre, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including without limitation reasonable legal fees, resulting from (i) your use of Website, (ii) any violation of the Terms and Conditions; (iii) any violation of applicable laws including, but not limited to trademark, copyright, privacy or personality rights, whether such violation or activity is done by the user or any other person accessing the Website using the user’s account; and (iv) any liability arising from claims by third parties in relation to User Content which you submitted to us.

DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE TO USE WEBSITE, ITS FEATURES AND SERVICES AT YOUR OWN RISK. CALGARY COUNSELLING CENTRE PROVIDES THE WEBSITE AND ITS FEATURES ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS FEATURES AND SERVICES. CALGARY COUNSELLING CENTRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT WEBSITE IS ERROR AND VIRUS FREE, ACCURACY OF USER CONTENT, SECURITY OF USER CONTENT AND ANY OTHER REPRESENTATION AND WARRANTY TO THE GREATEST EXTENT PERMITTED BY LAW.
NONE OF CALGARY COUNSELLING CENTRE OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES, COSTS OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF WEBSITE, ITS FEATURES AND SERVICES, OR ITS CONTENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU AGREE THAT CALGARY COUNSELLING CENTRE SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, EXPENSES, COSTS OR LIABILITIES WHATSOEVER ARISING IN RELATION TO USER CONTENT SUBMITTED BY YOU TO OUR SERVERS.
IF YOU SUBMIT ANY DIGITAL FILES TO WEBSITE, IT IS EXTREMELY IMPORTANT THAT YOU DO NOT ERASE SUCH DIGITAL FILES FROM THEIR ORIGINAL SOURCE IF YOU WISH TO KEEP IT; AS SUCH FILES WILL NOT BE RETURNED TO YOU. CALGARY COUNSELLING CENTRE ACCEPTS NO LIABILITY IN THE EVENT THAT YOUR DIGITAL FILES ARE IMPROPERLY DOWNLOADED, LOST, DAMAGED OR CORRUPTED IN ANY WAY.
TERMINATION

You agree and acknowledge that Calgary Counselling Centre, in its sole discretion, may terminate your use of Website, and remove and discard any User Content, at any time, without notice, for any reason, or for no reason. User agrees that Calgary Counselling Centre shall not be liable to user or any third-party for any termination of access to the Website and its features.

TRADE-MARKS

Calgary Counselling Centre and the Website Logo are trademarks of Calgary Counselling Centre, YourStories is a trademark of Calgary Counselling Centre. Other registered and non-registered trade-marks, related words, domain names and logos which are the property of Calgary Counselling Centre may appear from time to time on the Website. No trademarks may be used without the express authorization of their owner and, without limiting the generality of the foregoing, no trade-marks may be used in connection with any products or services which are not those of the owner or authorized by the owner, or in any manner that is likely to cause confusion among customers or potential customers of the owner, or in any manner that disparages or discredits the owner.

COPYRIGHT

Excluding User Content, all material contained on the Website, including the content, site design, text, graphics, and the selection and arrangement thereof are copyright owned by Calgary Counselling Centre or its licensors as the case may be.

THIRD PARTY LINKS AND CONTENT

This Website may contain links to other websites provided by third parties. Such sites are completely independent of this Website and as such Calgary Counselling Centre has no control over them and accepts no liability in respect of your use or inability to use them or any of the content of such sites. Calgary Counselling Centre likewise accepts no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this Website, nor does it endorse any of these sites or their products and services. Should you elect or enter into a binding contract with any such Website, you agree to hold Calgary Counselling Centre harmless and hereby release it from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of you offering to accept any products or service that are available from those sites.

SEVERABILITY

In the event that any parts of the Terms and Conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions will not fail on account thereof, and the balance of the Terms and Conditions will continue in full force and effect.

ASSIGNMENT

Calgary Counselling Centre may assign its rights under this agreement without notice to user. User may not assign its rights and obligations under this agreement.

GOVERNING LAW AND JURISDICTION

Calgary Counselling Centre and the Website (excluding linked websites) is controlled by Calgary Counselling Centre from its offices within the Province of Alberta, Canada. Calgary Counselling Centre and the Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Alberta, Canada, the user agrees that all matters relating to Calgary Counselling Centre and this Website, or any other hyperlinked website, shall be governed by the laws of the Province of Alberta and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Alberta and acknowledges that the user does so voluntarily. The user is responsible for complying with his or her own local laws.

ENTIRE AGREEMENT

The Terms and Conditions, Agreement and the Privacy Policy constitute the entire agreement between you and Calgary Counselling Centre governing your access to and use of the Website, its features and services.

NO WAIVER OF RIGHTS

The failure of Calgary Counselling Centre to exercise or enforce, or delay in exercising or enforcing, any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The waiver of Calgary Counselling Centre of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.

FORCE MAJEURE

Calgary Counselling Centre shall not be held liable for a delay or failure in performance of the features of Website caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections and governmental actions.

LANGUAGE

You and Calgary Counselling Centre expressly acknowledge and agree that these terms of use be expressed in the English language only.

By selecting ‘I Accept’ you agree to the above terms and conditions.

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