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Terms of Use

Last updated on September 10, 2022

The following terms of use will govern the use of this website CrestonNewHorizons.ca and all its sub-sites and micro-sites. The domain name www.CrestonNewHorizons.ca (hereinafter referred to as "Website") and its Mobile Apps are owned by Creston New Horizons Senior Society, a society incorporated under the British Columbia Societies Act, 2015, with its registered office situated at Creston, British Columbia, Canada. (hereinafter referred to as "Creston New Horizons" or "Society").

Extent of the Terms of Use

These Terms & Conditions ("Terms") are set between Creston New Horizons Seniors Society ("Society/We/Us/Our") and its users ("User/You/Your") and will govern the use of the Website, our Mobile Apps ("App/Mobile App/Application"), or any products or services including Textual Content, Images, Audio, and Video through a Computer, Mobile App, Online Streaming, SD cards, tablets or other storage/transmitting devices ("Product(s)/Service(s)/Products & Services"). These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder and further rules there under as applicable and amended provisions pertaining to electronic records in various statutes as amended time to time. To use our Products & Services, you must agree to have read the terms mentioned henceforth.

Privacy

Any personal information submitted in connection with your use of the Products or Services of the site is subject to our Privacy Policy.

General

Our Products & Services provide public information on Society’s upcoming activities and events, plus may include pictures or other information about past activities and events.

The Society holds the right to modify or upgrade its Products & Services at any time. If you are at any time dissatisfied with our products, then your sole remedy is to discontinue the use of the Website. As a registered user of the website, you agree that we may notify you through email regarding security, privacy, and administrative issues relating to your use of our Products & Services.

Obligations

The Society reserves the absolute right to revise these terms in its sole discretion at any time and without prior notice to you other than by posting the revised terms on the site. Any revisions to the terms are effective upon posting. The terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these terms. Your continued use of the Society products after any revision to these terms constitutes your binding acceptance of the revised terms. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the Society that arose prior to the date of such revision.

Registration

You will need to register with us and obtain an account, username, and password to upload or change information on our platform. The information you provide at the time of registration help us in managing who can upload or change information on our web site. You are solely responsible for maintaining the confidentiality of your account, username, and password. You further understand that you are completely responsible for all activities associated with your account.

You warrant that your account related information will be accurate, current, and complete at all times. If we believe that such information is untrue, inaccurate, not current, incomplete, or misleading, then we reserve the right to suspend or terminate your account and restrict any and all current or future use of our products and services, without any liability to you.

You must notify us immediately of any unauthorized use of your account and any other breach of security. We cannot be held responsible for any loss or damage arising out of your failure or negligence to comply with the requirements stated in this agreement, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.

You may not use anyone else's account at any time or transfer your account to someone else without the permission of the account holder. If you have authorized another individual, including a minor, to use your account, you understand under such circumstances, you are completely responsible for the online conduct of such user and the consequences of any misuse.

User Submitted Contents

We cannot guarantee the accuracy, reliability, or validity of the video courses, eBooks, review comments, feedback and discussions posted on the website, as we do not control the submitted contents. By using the site, you may come across posts or comments which you may consider objectionable. You herby agree that the Society is not accountable for your access or use of any such content.

The site is a forum for instructors, publishers and users. We are not liable for any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of instructors, publishers or users, including, but not limited to, any user's reliance upon any information provided by an instructor.

Conduct

You agree to use our products and services for lawful purposes only. You are solely responsible for the knowledge of and adherence to all laws, rules, and regulations pertaining to your use of the products.

User Obligations

All users of this site are responsible for the following:

  • You will not use this website to upload any video of text course, tutorial, diagrams, graphics, logos, trademarks, or any other copyrighted contents belonging to any third party
  • You will not use contents or a portion of contents of this website for any unethical, unlawful purpose, to promote segregation depending upon gender, age, race, religion, nationality or disability of a person, to defame a person or to violate a person's right to privacy
  • You will not upload, post or otherwise transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation through the site
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content
  • If you are under the age of 18, you have obtained parental or legal guardian consent before using the site

Liabilities

We are not liable to any user for:

  • Any loss or damages of any kind, as a result of using our products and services or other information provided on the website
  • Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, as a result of using or inability for using the website or its contents
  • Any third party websites or contents therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions
  • The unavailability of our website continuously or for any period of time

Connectivity and Equipment Costs

If you avail our services, you are solely responsible to bear any costs arising out of the equipment required for providing or accessing such services. You are solely responsible for all costs related to connectivity and data access, and/or other fees and costs associated with your access to and use of the Society Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet Service Provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

Indemnification

As a user of this website, you agree to protect and fully compensate us and our associates, namely, service providers and technology partners, from any and all third party claims, liabilities, damages, expenses and costs, including, but not limited to, all legal expenses, arising from your misuse of our services.

Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

Copyright and Trademarks

The web pages, graphics, diagrams and artwork (referred to as "contents") are the copyrighted property of Creston New Horizons Seniors Society unless you have uploaded/hosted it yourself. It is strictly prohibited to retain, reuse, reproduce or publish the contents or a portion of contents in any format, without our written consent.

Claims of Infringement

If you find your work has been duplicated in any other part of the website and you believe it constitutes copyright infringement, or your intellectual property rights are violated, please bring it to our attention and notify us to claim for copyright or other intellectual property infringement. You can claim for the infringement by producing valid and correct proofs of your work.

Warranty Disclaimer

You understand that while using the resources of this website or participating in hosted events, you may be exposed to content from a variety of sources, and that we are not to be held responsible for the accuracy, quality, legality, or usefulness of such content.

We strive continuously to provide contents as precisely and as timely as possible, however, we do not guarantee the accuracy, completeness, correctness, timeliness, validity, non-obsolescence, non-infringement, non-omission, merchantability or fitness of the contents of this website for any particular purpose.

You further acknowledge that while using our services, you may be exposed to products, content or materials that are inaccurate, offensive, indecent, or objectionable, and you agree to indemnify us against any legal or equitable rights or remedies you may have against the Society with respect thereto.

To the fullest extent permissible pursuant to applicable law, Society and its affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No information, oral or written, obtained by you from Society, an employee or representative of Society or through the services will create any warranty not expressly stated herein.

We do not warrant that our services or any part thereof including any content or products offered through our services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Society products, any associated sites or applications, and any third party sites at your own discretion and that you will be solely responsible for any damage to your computer system used in connection with the Society products or loss of data that results from the download or use of such material or data.

We are not responsible, if the information contained in a material is altered, removed or deleted, after its complete or partial downloading by the user. Any material downloaded or referred shall be at the risk of the user.

Modification of Services

We may modify the features, pricing, and other aspects of our products and services at our discretion and these terms will continue to apply for the modified products and services. You further understand that we reserve the right to modify or discontinue, temporarily or permanently, our products and services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification including suspension or discontinuance of all or any portion of our products or services.

Termination of Agreement

We may at our discretion terminate your use of our products and services immediately without notice for any breach of these terms or any of our applicable policies, as posted on the site from time to time. We may discontinue offering a product or service at any time which will terminate your right to access our resources. You are within your rights to terminate your use of our products and services at any time, either by not visiting our site, or by contacting us at Creston New Horizons.

Upon termination, we have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.

Legal Jurisdiction

The laws of the Province of British Columbia, Canada shall govern any dispute arising from the use of this website, its products, and services; and the courts in Creston, British Columbia alone shall have exclusive jurisdiction to deal with such matters.

Miscellaneous

Entire Agreement: These terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, and successors.

Severability: If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.

Waiver: A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Society to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

No Agency: Nothing in these terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Society nor any other party to this agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Creston New Horizons Seniors Society reserves the right in its sole discretion to modify and/or make changes to these Terms at any time.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

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