Legal
The following websites (the “Sites”) are built and maintained by the Canadian Public Health Association (CPHA):
- cpha.ca
- www.cphaknowledgecentre.ca
- ciii.cpha.ca
- journal.cpha.ca
- publications.cpha.ca
- drinkingfacts.ca
- foodsafety.cpha.ca
- you-and-your-baby.cpha.ca
- www.potanddriving.cpha.ca
Copyright
Copyright CPHA. All rights reserved.
Permission is granted for the reproduction of text on the Sites for non-commercial and educational purposes as long as CPHA is acknowledged as the copyright holder.
Technical problems
If you are encountering technical problems with the Sites, please e-mail webmaster@cpha.ca stating the exact URL and the specific problem you are experiencing.
If you are experiencing problems sending e-mail to someone at CPHA, please e-mail webmaster@cpha.ca.
General Disclaimer
The Sites provide information on a wide range of health topics. The views expressed therein are solely those of the authors and do not necessarily reflect the official policies or positions of CPHA. The information contained therein is not intended to substitute for the advice of a health professional, and you are advised always to consult your health professional for specific information on personal health matters. Unless otherwise specifically indicated, the naming of any organization, product or therapy on these Sites does not imply CPHA endorsement. CPHA’s work with corporations and sponsors is guided by a Corporate Sponsorship Policy approved in December 2008 by CPHA’s Board of Directors. CPHA 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 information, goods or services available on or through the Sites or links.
Links Disclaimer
These Sites provide links to other websites or resources. Because CPHA has no control over such sites and resources, CPHA is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, product or other materials on or available from any such sites or resources. CPHA 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.
Privacy Policy
CPHA is committed to respecting the personal privacy of individuals who visit the Site. The following statements summarize CPHA's website privacy policy and practices.
CPHA does not systematically collect any information about the identity of individuals visiting our Sites. Any personal information we may gather is provided by you on a purely voluntary basis through the completion of registration or application forms. This information is integral to managing a membership-based association and to managing registration for the CPHA Annual Conference or any other event that may require registration.
In the case of registering for the Annual Conference or paying membership fees online, credit card information is not stored in permanent or temporary files or in a database on any CPHA server. Data does not persist on the server for more than a few seconds during transaction processing.
CPHA does collect non-identifying information, in aggregate only, for statistical analysis, to help us develop content that responds to the interests of visitors to the Sites.
Any personal information gathered during online registration or application processes or that may be gathered by other means is not shared, rented, traded or sold for any reason with any other party or organization.
CPHA is not responsible for the content or the privacy policies of the websites to which we link.
Terms of Use
If you access and use these Sites, you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site.All resources, products and services of CPHA are subject to the terms and conditions of the applicable agreements governing their use.
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Sites. In the event of any conflict, the terms provided in the pages of the Sites will govern.
The information, material and content provided in the pages of the Sites (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Sites will mean that you agree to any changes.
E-Mail Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. We do not encourage anyone to send personal or financial information to CPHA by e-mail. CPHA is not responsible for and will not be liable to you or anyone else for any damages in connection with an E-Mail sent by you to CPHA or an E-Mail sent by CPHA to you at your request.
Membership Successful application for Membership in CPHA presumes you have read and understand the terms and conditions of Membership as found on the Membership page of the site.
Conference and Event Registration Successful registration with CPHA Annual Conference or any other event sponsored or managed by the CPHA presumes you have read and understand the terms and conditions of Registration as found on the Annual Conference or particular Event website page.
Endorsements No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
External Resources / Links Links from or to web sites outside the Sites are meant for convenience only. CPHA does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Sites, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and CPHA will not be responsible or liable for any damages in connection with linking. Links to sites for downloadable resources are for convenience only and CPHA is not responsible or liable for any difficulties or consequences associated with downloading said resources. Use of any downloaded resources is governed by the terms of the license or use agreement, if any, which accompanies or is provided with the resource.
Additional Important Information Use of these Sites and all resources contained therein is entirely at your own risk. Use of these Sites implies you have read and accepted all applicable conditions governing use found in the Sites’ related Copyright, Disclaimer and Privacy statements.
Trademarks
The following are trademarks used on the Sites:
Adobe Systems Incorporated
Adobe®, Adobe® Reader® and Flash® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
Apple Inc.
QuickTime and the QuickTime Logo are trademarks of Apple Inc., registered in the U.S. and other countries. The Get QuickTime Badge is a trademark of Apple Inc., used with permission.
Microsoft Corporation
Windows, Windows Media and the Windows Player icon are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Public Health KnowledgeCentre™
The KnowledgeCentre™ is a subscription-based service which provides an online resource with communities, shared spaces and a library. When you become subscriber to the KnowledgeCentre™, certain personal information is collected and used for the administration of your subscription and allows some information to be shared with other subscribers. From time to time, we may send you updates, information about new features, additions, and changes to the KnowledgeCentre™. Your E-mail address and other personal information will not be rented, sold or traded. The KnowledgeCentre™ enables subscribers to share information, experience and learning resources. It is the responsibility of all subscribers of the KnowledgeCentre™ to ensure that information or resources they add to the KnowledgeCentre™ is within copyright permissions.
CPHA Public Health KnowledgeCentre™ License Agreement & Terms of Use
| 1. TERMS OF USE | |
| 1.1 | This Terms of Use Agreement (“Agreement”) by and between the Canadian Public Health Association (CPHA) Public Health KnowledgeCentre™ (“we”, “us”, “our”, “CPHA” or “KnowledgeCentre”) and you (“you”, “your”, “User” or “Subscriber”) governs your use of the KnowledgeCentre web site (“KnowledgeCentre”) together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together shall be collectively referred to as the “Services”). By completing the subscriber registration process, clicking the Subscriber Agreement acceptance “button”, and using the KnowledgeCentre, or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. Your employer (Subscriber Organization) has purchased a group subscription/licence and has agreed that these terms and conditions are acceptable to the organization. |
| 1.2 | CPHA reserves the right to modify the terms of this Agreement at any time, and will post a notice of such changes. The changes become effective immediately upon posting (the “Effective Date”). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services. |
| 2. DEFINITIONS | |
| 2.1 | The term “CPHA” refers to the Canadian Public Health Association. |
| 2.2 | The term “CPHA Trademark(s)” refers to all trademarks and service marks owned by CPHA. |
| 2.3 | The term “KnowledgeCentre” (“Centre du Savoirmc” in French) refer to the websites www.cphaknowledgecentre.ca, knowledgecentre.cpha.ca, centredusavoir.cpha.ca and www.centredusavoiracsp.ca which are owned and operated by the Canadian Public Health Association. |
| 2.4 | The term “KnowledgeCentre Intellectual Property” or “CPHA Intellectual Property” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by CPHA or licensed to CPHA by third parties. This includes but is not limited to CPHA Content and CPHA Trademarks. |
| 2.5 | The term “KnowledgeCentre Content” refers to copyrighted content owned by CPHA or other copyrighted content owned by third-party partners of CPHA. |
| 2.6 | The term “Interactive Services” refers to message boards, chat boards, blogs, virtual communities, and other interactive media made available by the KnowledgeCentre. |
| 2.7 | The term “Services” refers to all information, content, products, materials and services made available to you by CPHA and/or affiliated third parties via the KnowledgeCentre. |
| 2.8 | The term “Collaborative Content” refers to User Content posted on or to the Interactive Services sections of the KnowledgeCentre for the purposes of collaboration with other Users |
| 2.9 | The term “User Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the KnowledgeCentre by Users. |
| 2.10 | The terms “you”, “your”, “user” and/or “subscriber” refer to any individuals and/or entities accessing the KnowledgeCentre for any reason. |
| 3. OWNERSHIP AND USE OF CPHA INTELLECTUAL PROPERTY | |
| 3.1 | Ownership and Use. CPHA Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Interactive Services (the “CPHA Intellectual Property”), is owned by CPHA or licensed to us by our third party partners. CPHA Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by CPHA. You have no rights in or to such CPHA Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any CPHA Intellectual Property, except as specifically permitted under this Agreement. |
| 3.2 | CPHA Content. As a courtesy to our subscriber, we have posted to the KnowledgeCentre certain CPHA Content. Unless otherwise specifically set forth on the KnowledgeCentre or we give you written permission, you may only use and access, download and copy the CPHA Content for your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the CPHA Content. You may not do or allow anyone else to do anything with the CPHA Content which is not specifically permitted under this Agreement. You acknowledge and agree that the CPHA Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon CPHA Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to CPHA. |
| 3.3 | Permission to Use CPHA Content. You may request permission to reproduce all or a portion of CPHA Content owned by CPHA in writing. We reserve the sole discretion to determine whether, and upon what terms, CPHA Content will be licensed. Licensing fees may apply, depending on the nature and scope of intended use. |
| 3.4 | Trademarks: The CPHA Trademarks appearing on this site may not be used in any advertising or publicity, or otherwise to indicate CPHA’s sponsorship of or affiliation with any product or service, without CPHA’s prior express written permission. You are prohibited from using CPHA Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of CPHA. You agree you will not alter any CPHA Mark in any manner to make it appear that CPHA is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by CPHA. |
| 4. LINKS | |
| 4.1 | Links to Third Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we 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 made available on or through any such site or resource. |
| 5. MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES and OTHER INTERACTERIVE MEDIA (“INTERACTIVE SERVICES”) | |
| 5.1 | In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof. If you choose to transmit any User Content using such Interactive Services, you agree that you own or have a license to post the User Content to the Site and do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. |
| 5.2 | Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or non-performance of such monitoring activities.Additionally, you agree to:
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| 5.3 | License to CPHA. You hereby grant to CPHA a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Interactive Services by any means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. CPHA will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and CPHA does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner’s permission, the third party retains ownership). |
| 5.4 | Use of Content Posted by Other Users. Copyright in the User Content posted, with the exception of Collaborative Content, shall remain with the User or third party who has posted or consented to posting the User Content on the KnowledgeCentre. You have no rights in or to such User Content posted by other Users and you agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content. |
| 5.5 | Collaborative Content posted by Users for the purposes of collaboration may be modified, reproduced, distributed, transmitted or otherwise used by other Users and is not subject to the limitations on User Content listed in the paragraph above. Such Collaborative Content shall be considered in the public domain and freely available to be used, distributed or modified by the other Users of the KnowledgeCentre. For the purposes of distinguishing User Content from Collaborative Content, any Collaborative Content shall be clearly marked as such and/or shall be submitted via areas of the KnowledgeCentre facilitating User collaboration. |
| 5.6 | You agree not to use the services or permit the services to be used in any manner (including, without limitation, transmission, distribution, or storage) for any purpose that is or is likely to be
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| 6. COPYRIGHT COMPLIANCE AND COMPLAINTS | |
| 6.1 | CPHA respects the intellectual property rights of others. CPHA may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of the Copyright Act (Canada) (“CA”) and refrain from the following: (a) circumventing CPHA’s access control measures to copyrighted works; (b) posting or otherwise using circumvention technology through CPHA’s website or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of the CA. CPHA has the right to terminate access to the Site of any User found in violation of the CA. |
| 6.2 | CPHA’s policy for removing infringing content and terminating subscribers who are repeat offenders is as follows: A copyright owner who believes his/her work has been used on the KnowledgeCentre in any manner that constitutes copyright infringement must notify CPHA by written notice. The notice must include the following information: (a) the owner’s name, address, telephone number, e-mail address and an electronic or physical signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. Upon receiving the proper notification, CPHA will remove, or disable access to, the allegedly infringed material from the Site. |
| 7. REGISTERED SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY | |
| 7.1 | In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CPHA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CPHA has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof. |
| 7.2 | You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns. |
| 8. PRIVACY | |
| 8.1 | We, the KnowledgeCentre and CPHA, acknowledge and agree that in performance of the Services we may collect information about identifiable individuals related to them or their business (“Personal Information”). We agree to protect all personal information we process with physical, organization and technological safeguards that are appropriate to the nature, quantity and sensitivity of such information. Any use or disclosure to third parties of any personal information shall be limited to the purpose of conducting the Services, except as may be required by law. Our current privacy policy is found at: http://www.cpha.ca/en/legal.aspx |
| 9. DISCLAIMER OF WARRANTIES | |
| 9.1 | Except as expressly set forth herein, the content on the KnowledgeCentre (including but not limited to all CPHA intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) is provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. Under no circumstances will CPHA be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or 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 the interactive services. CPHA does not warrant or guarantee uninterrupted access to the site, or any site linked to the site. You assume full responsibility and risk of loss resulting from your use of this site and any information on this site. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. |
| 10. LIMITATION OF LIABILITY AND RELEASE | |
| 10.1 | To the maximum extent permitted by applicable law, neither CPHA, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of the site and services, regardless of the form of action or the basis of the claim or whether or not CPHA has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. In the event you have any dispute with one or more third parties as a result of your use of the site or the services, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed. |
| 11. INDEMNITY | |
| 11.1 | You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. |
| 12. RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS | |
| 12.1 | In the sole and absolute discretion CPHA reserves the right to terminate, block or restrict your access to or use of the KnowledgeCentre for any breach or violation of any term(s) of this Agreement. In such event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease. |
| 13. GOVERNING LAW/JURISDICTION/DISPUTES | |
| 13.1 | This Agreement shall be governed in accordance with the laws of the Province of Ontario, Canada. |
| 14. ASSIGNABILITY | |
| 14.1 | This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party. |
| 15. WAIVER | |
| 15.1 | No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement. |
| 16. SEVERABILITY | |
| 16.1 | If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. |
| 17. SURVIVAL OF TERMS | |
| 17.1 | Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement. |
| 18. LIMITATION ON ACTIONS | |
| 18.1 | You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred. |
| 19. ENGLISH AND FRENCH VERSIONS | |
| 19.1 | This Agreement is available in French. Where there appears to be a conflict between the French version of this Agreement and the English version, the English version will prevail. If it is necessary or advisable to do so, the inconsistency of the French version will be amended to eliminate any conflict and consistent with the provisions of the English version. |
| 20. ENTIRE AGREEMENT | |
| 20.1 | This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement, including any terms/conditions posted by Users via the Interactive Services. |
If you have any
questions regarding this website policy, please send them to webmaster@cpha.ca.
