Terms of Use
Acceptance of Terms
4-H Canada provides 4-H LEARNS to you, “the user”, subject to the following Terms of Use (TOU), which may be updated by us without express notification. You can always review the most current version of the TOU at any time by clicking on the “Terms and Privacy” link in the footer of 4-H-learns.org.
Description of Services
4-H LEARNS provides 4-H leaders with access to resources, including project manuals, various communications tools, webinars and presentations, photos, discussion groups, and user-generated content through this website.
Any update to the above services or new services offered by 4-H Canada shall be subject to the TOU.
Your obligations as a user
In exchange for your use of 4-H LEARNS, you agree to provide true, accurate, current and complete information about yourself when we ask for such information (e.g. sign-up form). If you provide any information that is untrue, inaccurate, not current or incomplete, or 4-H Canada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 4-H Canada has the respective right to remove your information from our database and refuse any and all current or future use of 4-H LEARNS (or any portion thereof). You are responsible for maintaining the confidentiality of your 4-H LEARNS password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account.
4-H Canada collects personal contact information (name, e-mail address, province/state/region and country) when you sign up for 4-H LEARNS. This information is used to fulfill your request to join the service, respond to your inquiries, and (if you agree) update you on 4-H opportunities relevant to you.
User Conduct
All information, files, music, photographs, graphics, video, messages or other materials (collectively, “Content”), uploaded to 4-H LEARNS is the sole responsibility of the person from which such Content originated. This means that you are responsible for any Content that you upload, post, or otherwise make available via 4-H LEARNS (4-H Canada will not be responsible).
Only designated administrators will have access to post Content in the main resource library and are responsible for the Content posted. 4-H Canada does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 4-H Canada be liable in any way for such Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via 4-H LEARNS.
All Content downloaded from 4-H LEARNS is to be used for the express purpose of delivering the 4-H program and advancing the 4-H movement.
In respect of 4-H LEARNS, you agree not to:
- Download Content to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) for any purpose other than delivering the 4-H program and advancing the 4-H movement, including but not limited to, commercial intent and falsely representing a 4-H organization;
- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll,” i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users;
- Do not engage in disruptive activity in 4-H LEARNS, such as persistent off-topic contributions or comments, or statements that might incite other users to violate the TOU or participate in illegal activities;
- Harm other visitors in any way;
- Impersonate any person or entity, including, but not limited to, a 4-H Canada or other 4-H entity staff member or group administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through 4-H LEARNS;
- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms or Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt 4-H LEARNS or servers or networks connected to 4-H LEARNS, or disobey any requirements, procedures, policies or regulations of networks connected to 4-H LEARNS;
- Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
- “Stalk” or otherwise harass another user of 4-H LEARNS or other person; or
- Collect or store personal data about other users.
You acknowledge that 4-H Canada may not pre-screen Content, but that 4-H Canada and designated 4-H LEARNS administrators shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via 4-H LEARNS. Without limiting the foregoing, 4-H Canada and 4-H LEARNS administrators shall have the right to remove any Content that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 4-H Canada or submitted to 4-H Canada.
You acknowledge and agree that 4-H Canada may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with court order, legal process or the inquiry of any court, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 4-H Canada, our visitors and the public.
Any space provided to you in 4-H LEARNS is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
Do not rely on 4-H LEARNS for the safe and secure storage of any materials such as photos, documents, and software. 4-H LEARNS is not designed as the primary place to store any of these materials, and 4-H Canada is not responsible for the alteration, deletion, or loss of any stored items. Create back-ups for any materials you contribute to 4-H LEARNS.
International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
Materials submitted or made available for inclusion on the Service
4-H Canada does not claim ownership of Content you upload or make available for inclusion in 4-H LEARNS. However, with respect to Content you upload to 4-H LEARNS, you grant 4-H Canada and 4-H LEARNS users the following worldwide, royalty free and non-exclusive license, as applicable:
With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on the Service, the perpetual and irrevocable license to use, distribute, reproduce, modify, adapt, prepare derivative works of, sublicense, publish, translate, publicly perform and publicly display such Content (in whole or in part) for the purpose of delivering the 4-H program and advancing the 4-H movement.
4-H Canada does not claim ownership of any Content that you or others post, upload, submit or otherwise provide to 4-H LEARNS. However, you hereby grant: to 4-H Canada and other users of 4-H LEARNS the right to reproduce Content under Creative Commons Attribution Non Commercial-ShareAlike license. For “Attribution” under the Creative Commons license, it is required and sufficient to provide with the reproduced content a link to or URL of the 4-H LEARNS page containing the source of the Content.
Whenever Content has copyright noted and the Content originator is clearly identified, this copyright should not be removed.
4-H Canada assumes no responsibility or liability over the sharing of Content among users. Any Content provided by you to 4-H LEARNS may be editable and freely used by 4-H Canada and other users. Ways in which your Content may be used include, but are not limited to, creating comments, articles, documents, FAQs, or knowledge bases. 4-H Canada shall have the right to retain and use Content, in edited or unedited form, for any purpose in any way including but not limited to reposting such Content to other web sites operated by 4-H Canada, by using Content in current or future products or services, or even giving or selling your Content to others. Therefore, do not upload Content to 4-H LEARNS unless you agree to the TOU.
By uploading Content to 4-H LEARNS, you represent and warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
All Content is deemed be provided on a non-confidential basis. 4-H Canada is under no obligation to and does not control the Content created, provided, or uploaded to 4-H LEARNS. The nature of some Content may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labeled. 4-H Canada reserves the right to take down and remove Content that is flagged by users or deemed by 4-H Canada as objectionable. However 4-H Canada is under no duty to take down or remove any Content.
Exemption from Penalties
You agree to indemnify and hold 4-H Canada, and their respective affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, upload or make available through 4-H LEARNS, your use of 4-H LEARNS, your connection to 4-H LEARNS, your violation of the TOU, or your violation of any rights of another.
Other Web Links
4-H Canada, 4-H LEARNS administrators, and 4-H LEARNS users may provide links to other World Wide Web sites or resources on 4-H LEARNS. Because 4-H Canada has no control over such sites and resources, you acknowledge and agree that 4-H Canada is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 4-H Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. . In addition, 4-H Canada reminds you that some content and links on the Internet contain inappropriate material, such as malware or adult content that is not suitable for children and may be offensive to some users.
General Information
The TOU constitute the entire agreement between you and 4-H Canada, and govern your use of 4-H LEARNS, despite any prior agreements between you and 4-H Canada. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern the TOU, and the relationship between you and 4-H Canada. You and 4-H Canada agree to submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario located within the City of Ottawa, Ontario. The failure of 4-H Canada to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Modifications to Service
4-H Canada reserves the right at any time to modify or discontinue, temporarily or permanently, 4-H LEARNS (or any part thereof) with or without notice. You agree that 4-H Canada shall not be liable to you or to any third party for any modification, suspension or discontinuance of this service.
Termination
You agree that 4-H Canada, in its sole discretion, may remove your information from our database system or use of 4-H LEARNS, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if 4-H Canada believes that you have violated or acted inconsistently with the letter or spirit of the TOU. 4-H Canada may also in their respective sole discretion and at any time discontinue providing 4-H LEARNS, or any part thereof, with or without notice. You agree that any termination of your access to 4-H LEARNS under any provision of this TOU may be effected without prior notice, and acknowledge and agree that 4-H Canada may immediately deactivate or delete your information from our database system and/or bar any further access to 4-H LEARNS. Further, you agree that 4-H Canada shall not be liable to you or any third-party for any termination of your access to the 4-H LEARNS.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of 4-H LEARNS is at your sole risk. The services are provided on an “as is” and “as available” basis. 4-H Canada has expressly disclaimed all warranties of any kind, whether express or implied.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, is provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from 4-H Canada or through or from 4-H LEARNS shall create any right, obligation or warranty not expressly stated in the TOU.
Limitation of Liability
You expressly understand and agree that 4-H Canada shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 4-H Canada has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use 4-H LEARNS; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services downloaded or messages received or transactions entered into through or from 4-H LEARNS; (iii) unauthorized access to or alteration of your transmissions of data; (iv) statements or conduct of any third party on 4-H LEARNS; OR (v) any other matter relating to 4-H LEARNS.
Violations
Please report any violations of the TOU to 4-H Canada.