Terms & Conditions of Use

Welcome to http://www.pencanada.ca (the “Site”), a website owned and operated by PEN Canada.  The Site or any product or service offered on the Site (collectively the “Services”) are provided by PEN Canada, conditional on your acceptance of the terms and conditions of use set out below (the “Terms and Conditions of Use”).  Your use of the Site shall constitute your binding acceptance of the Terms and Conditions of Use.

PEN Canada reserves the right to modify or amend the Terms and Conditions of Use without notice at any time.  As such, it is important that the Terms and Conditions of Use be read on a regular basis so that you are aware of any such changes.

By accessing any part of the Site, you agree to be bound by these Terms and Conditions of Use.

1.    Copyright and Trade-marks
All content included on the Site (including, without limitation, the design, text, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio, video or user submissions), and any selection or arrangement thereof (the “Content”), is the exclusive property of PEN Canada or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws.  All such rights therein are expressly reserved by PEN Canada.

Except as expressly stated in these Terms and Conditions of Use, none of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of PEN Canada.  The PEN Canada name and logo are trade-marks and copyrights of PEN Canada.

2.    Your Account
In order to complete an online transaction or contribution to PEN Canada and/or to purchase products or services from PEN Canada through the use of the Site, you may be required to establish an account with PEN Canada. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services and donations/contributions made through the use of the Site that occur under your account or your account password. PEN Canada reserves the right to place restrictions on your account including but not limited to, the termination of a user’s access to the Site, at any time, in PEN Canada’s sole discretion.  All online transactions and contributions on this Site occur through a safe, private and secure system that protects the user’s personal information.  From time to time, PEN Canada may communicate with account holders and donors via email.  If an account holder or donor does not wish further communication, he/she is given an opportunity to opt out.

3.    User Conduct
In consideration of the availability and your use of the Site, you agree to comply with the Terms and Conditions of Use and all applicable laws when using the Site. Additionally, you agree not to:

(a)    interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;

(b)    sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose;

(c)    use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;

(d)    use or attempt to use an account holder, supporter or donor’s information without the prior written authorization of PEN Canada;

(e)    attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;

(f)    access any Content through any technology or means other than through the Site itself or explicitly authorized means permitted by PEN Canada; or

(g)    use the Site for any commercial use, without the prior written authorization of PEN Canada.  Prohibited commercial uses include, but are not limited to, any of the following actions taken without PEN Canada’s express approval:

(i)    sale of access to the Site or Services on another website;
(ii)    use of the Site or Services for the primary purpose of gaining advertising or subscription revenue.   For greater certainty, prohibited commercial uses do not include any use that PEN Canada expressly authorizes.

4.    Copyright Infringement Protection
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide PEN Canada with the following information:

(a)    a description of the copyrighted work or other intellectual property that you claim has been infringed;

(b)    a description of where the allegedly infringing material is located on the Site, with enough detail that we may find it;

(c)    your address, telephone number, and email address;

(d)    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(e)    a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and

(f)    a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This signature must be witnessed by another individual of legal age. Please clearly print the name of the witness on your notice.    Your signed notice should be mailed to:  PEN Canada 24 Ryerson Ave., Suite 301 Toronto, ON M5T 2P3

5.    Internet Communications
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication.  PEN Canada is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Site.

6.    Liability Disclaimer
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND IN GOOD FAITH BY PEN CANADA.  WHILE PEN CANADA WILL USE BEST EFFORTS TO PRESENT CURRENT, ACCURATE AND PERTINENT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO ALL OR ANY PART OF THE SITE OR THE CONTENT AND ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.  PEN CANADA DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  FURTHER, NOTHING ON THE SITE CONSTITUTES ADVICE, NOR SHOULD THE SITE, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.

USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.  TO THE EXTENT PERMITTED BY LAW, PEN CANADA HEREBY DISCLAIMS ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE SITE OR THE CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

PEN CANADA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.    Indemnity
You agree to indemnify, defend and hold harmless PEN Canada and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site or any violation of the Terms and Conditions of Use by you.

8.    Privacy
PEN Canada respects the privacy and confidentiality of your personal information.  PEN Canada does not collect your personal information, except where you provide such information in the course of using the Site.  By submitting personal information to PEN Canada, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form.  The general policies of PEN Canada with respect to the collection, use and disclosure of personal information are reflected in PEN Canada’s privacy policy, found at http://pencanada.ca/privacy/ (the “Privacy Policy”) and any questions in that regard may be directed to PEN Canada’s privacy officer (as identified in the Privacy Policy).  Should PEN Canada change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.

9.    Submission of Ideas and Suggestions
PEN Canada is always modifying the Site and developing new features. If you have ideas or suggestions regarding improvements or additions, PEN Canada would like to hear them, provided any submission will be subject to the Terms and Conditions of Use.  Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation.  By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to PEN Canada that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that PEN Canada is free to implement the idea or suggestion if it so desires, as provided or as modified by PEN Canada, without obtaining permission or license from any third party.

10.    Third Party Sites
The Site may include links to third party websites which are not controlled or maintained by PEN Canada.  Any such links are included solely for your convenience and are not an endorsement by PEN Canada of the sites linked to, nor does PEN Canada have any control over the content of any such sites.  You acknowledge and agree that PEN 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 any use of, or reliance upon, any content, goods or services available on or through any such third party websites.

11.    Cookies and Web Beacons
To enhance your experience with the Site, PEN Canada reserves the right to use “cookies” (“Cookies”).  Cookies are text files we place in your computer’s browser to store your preferences.  Cookies, by themselves, do not tell PEN Canada your e-mail address or other personal information unless you choose to provide this information to PEN Canada.  However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie. PEN Canada uses Cookies to understand Site usage and to improve the content and offerings on the Site.  For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site).  We also may use Cookies to offer you products, programs, or services. “Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page.  For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page.  We may use web beacons on this Site from time to time for this and other purposes.

12.    Changes to Terms and Conditions of Use
PEN Canada reserves the right to modify, add to, delete from, alter or update the Terms and Conditions of Use (each a “Change”) without notice at any time.  Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time.  Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Site after that time.

13.    Currency
Any and all monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.

14.    Governing Law
The Terms and Conditions of Use shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws principles.  You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Ontario for any claim related to the Terms and Conditions of Use and you agree not to bring any action, suit or proceeding against PEN Canada, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Ontario.

15.    General
The Terms and Conditions of Use constitute the entire agreement between you and PEN Canada with respect to the use of the Site.  PEN Canada’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions of Use shall not be construed as a waiver of any provision or right of PEN Canada.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED

© PEN Canada 2013 · 24 Ryerson Ave., Suite 301, Toronto ON M5T 2P3 · Phone: 416 703 8448 · Fax: 416 703 3870
· Charitable Business Number 88916 2541 RR0001