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Terms of Service

Please read this agreement (the "Agreement") carefully. It governs your use of this Website (the "Website") located at www.findmyspark.ca operated by Findhelp Information Services ("Findhelp"). The Agreement states the terms and conditions under which you (the "User") may access and use the Website and all written and other materials displayed or made available through the Website.

By accessing and/or using the Website, you are indicating your acceptance to be bound by the Terms and Conditions of this Agreement. If you do not accept these Terms and Conditions, you must not access or use the Website.

Findhelp may unilaterally revise this Agreement from time to time, in which case we may provide you with a notice of such revision by posting the amended Agreement on this Website. Use of the Website after such notice will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Eligibility

  1. You must be at least 13 years old to use this Website, create a volunteer profile or post a volunteer story. If you are between the ages of 13 - 17, you must seek the permission of your parents/guardians before posting a volunteer story, including permission for any video or photos you choose to attach to your story.
  2. By creating an organizational profile, you represent and warrant that you are an authorized representative of the organization and that the organization is a registered non-profit or charitable organization with license to operate in the Province of Ontario. If you are not an authorized representative, you may not create an organizational profile on Spark. If the organization is not a registered non-profit or charity, you may not create an organizational profile on Spark.

Conditions of Use

1. General Conditions
You agree that:

  • You are solely responsible for, and assume all liability regarding the information and content you contribute to the Website.
  • You assume all risk when using the Website, including but not limited to risks associated with any online and offline interactions with others.
  • You will promptly report to Findhelp any violation of the Agreement by others.
  • Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Findhelp.
  • Findhelp does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Website.
  • Findhelp has the right, but has no obligation, to monitor, modify, or remove the information or content you and others submit to the Website.

2. Prohibited Uses
You are prohibited from posting or transmitting on or through the Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting on or through the Website any information which (a) infringes the rights of others or violates their privacy or publicity rights or (b) is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right.

Furthermore, you may not, and may not permit or assist others to, directly or indirectly:

  • use the Website in any manner that could damage, disable, overburden or impair it;
  • use the Website or its content for commercial or philanthropic prospection purposes (including to post or send commercial electronic messages or SPAM); interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked Websites;
  • disrupt or interfere with any other person's use or enjoyment of the Website or affiliated or linked Websites;
  • upload, post or otherwise transmit on the Website any malware, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, scrape, summarize, or otherwise extract information from the Website or its content in whole or in part; or
  • use electronic addresses received from other users in contravention of Canadian Anti-Spam Legislation (CASL).

3. Registration and Profile
To access certain functionality of the Website, you may be required to register and maintain a profile in connection with your use of the Website. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. You may be required to create a username and password. You’re solely responsible for keeping your password safe and for any activity that occurs using your account username or profile. Let us know immediately if your password is stolen.

4. Advertising or Commercial Solicitation
You agree not to advertise or solicit any user to buy or sell any products or services through the Website without Findhelp’s prior written consent. You agree not to use any information obtained from the Website in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.

Exclusion

Findhelp has the discretion to refuse to list or to discontinue profiles of organizations or individuals for any lawful reason. Findhelp shall have no obligation to give notice of discontinuance and shall have no obligation to provide access to copies of posted content in the event of discontinuance. Decisions to include, exclude, or discontinue may be appealed by contacting Findhelp.

Referral to Other Websites

The Website may contain links to third party sites. Those third party sites are not under the control of Findhelp and Findhelp is not responsible for the content on any such site. If you accesses a third party site from the Website, then you do so at your own risk. The inclusion of the link does not imply that Findhelp endorses or accepts any responsibility for the content on those third party sites.

No Endorsement

Findhelp does not make any representation or warranty of any kind regarding any organization that it has included in the Website including, without limitation, (i) regarding the suitability or quality of volunteering opportunities offered by included organizations, (ii) or (iii) regarding compliance with applicable laws by included organizations. In addition, the mention of an organization or its products or services on the Website should not be construed as an endorsement of that organization or its products or services.

Disclaimer
The information on the Website is provided for information purposes only. It is not intended to provide medical, legal or professional advice whatsoever and should not be relied upon in that respect.

The website and the content is provided ‘as is’. While Findhelp endeavours to provide information that is correct, accurate and timely, Findhelp makes no representations or warranties, express or implied, regarding the Website and the content including, without limitation, no representation or warranty that 1. The content contained in or made available through the Website will be fit for a particular purpose 2. The Website or content will be accurate, complete, current, reliable or timely 3. That the operation of the Website will be uninterrupted or error-free 4. That defects or errors in the Website or the content, be it human or computer errors, will be corrected 5. That the Website will be free from viruses or harmful components, and  6. That communications to or from the Website will be secure and/or not intercepted.

Linking

If you would like to link to the Website, we request that you:

  • Inform us that you are creating a link by sending a message to info@sparkontario.ca . Please indicate the URL of the page where the link will be placed.
  • Link to the Website home page instead of specific pages within the Website.

While Findhelp encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content i) that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; ii) that may be damaging or detrimental to the activities, operations, credibility or integrity of Findhelp; or iii) that contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

Findhelp reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Findhelp.

The framing, mirroring of the Website or any of its content in any form and by any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Website.

Ownership and Limited License
This Website and its content are protected by copyright law and are owned by Findhelp, except where content is identified as the copyright property of another entity. The Website application and design is the property of Findhelp. Findhelp grants to Users a limited, non-transferable and non-exclusive licence to access, view and use (display or print) the Website and its content for the User’s own personal, non-commercial use, provided the information is not modified and that all copyright, trademark and other notices contained in the Website are maintained. None of the information may be otherwise reproduced, republished or re-disseminated in any manner or form without the express prior written consent of Findhelp.

License to Posted Content
You own all content that you post to the Website. However, by posting content to the Website, you automatically grant Findhelp and our affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such content, in any form, format, or medium, of any kind now known or later developed. You waive any moral rights you might have with respect to any content you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Trademarks

Certain words, phrases, names, titles, graphics, icons, designs, logos and trademarks displayed on the Website may constitute registered or unregistered trademarks, service marks or trade names of Findhelp or third parties. While certain trademarks of third parties may be used by Findhelp under license, the display of any such marks or names on the Website does not imply that Findhelp or other entities have granted a license or authorization of any kind.

Any use of the trade-names, trademarks, service-marks and logos (collectively "Trademarks") displayed on the Website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website.

Limitation of Liability
In no event shall Findhelp be liable for damages of any kind, including, without limitation, any indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Website or in reliance on the information available on the Website, including, without limitation, any loss of use, lost data, lost business profits, business interruption or any other loss incurred in connection with the use or misuse of the Website, regardless of the cause and whether the action is in contract, tort (including negligence), civil liability or otherwise. The foregoing limitation shall apply even if Findhelp knew of or ought to have known of the possibility of such damages.

Indemnity
You agree to defend, indemnify and hold harmless Findhelp and all third parties mentioned at the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Website or your breach of this Agreement.

Termination

Findhelp reserves the right to remove and/or disable access to the Website, with or without notice, to any User who violates this Agreement. If you violate any provision of this Agreement, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content. Findhelp retains also the right to take any other appropriate legal actions to enforce its rights and disclaims any liability for unauthorized use or reproduction of any portion of the Website.

General Provisions
You agree that all matters relating to the access to, or use of the Website and its content shall be governed by the laws of the Province of Ontario and the laws of Canada notwithstanding any otherwise applicable conflict of laws rule. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement will inure to the benefit of and be binding upon the parties and each of their respective successors and assigns.

No waiver, express or implied, by Findhelp of any breach of or default by Users under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Any rights not expressly granted by this Agreement are reserved to Findhelp Information Services.

Contact Us
If you are experiencing difficulties in using the Website or if you have any questions or comments regarding the Website, please contact us at info@sparkontario.ca