Date Created: October 31, 2016

Access to the Portal is subject to the following terms and conditions. If you do not agree to the terms and conditions, do not access the Portal. Your access or use of the Portal shall constitute your agreement to the following terms and conditions:

1. Definitions.
   • Document means a file contained with the Portal, typically in Microsoft Word, Microsoft Excel or Adobe PDF format.
   • Terms means these terms.
   • Portal means the password-protected website upon which these Terms are posted
2. Permitted Use Of Portal. You must have the permission of the Canadian Centre to enter this portal, which permission shall be communicated to you by way of an email or other communication from the Canadian Centre. Once you have been granted permission, and upon signifying your agreement to these Terms, you may access the Portal as needed to access information about the Survivor’s Survey and the results thereof (the “Purpose”).
3. Documents Posted on the Portal. You acknowledge (a) that a Document may contain information about one or more victims of child sexual abuse whose images/videos have been distributed online, which information may or may not be personally identifiable; (b) that the individuals who participated in the survey were assured confidentiality and will suffer irreparable harm if the survey responses are used in an unauthorized manner, or are copied, published or distributed in any way that is or may be personally identifying, whether intentionally or by accident; and (c) that a Document within the Portal may be preliminary and/or may be a Document that is not intended for public release.
4. Permitted Use of Documents posted on the Portal. You may use and refer to a Document for your own information/reference purposes and/or for any additional purpose that may be permitted as expressly indicated on the Document itself. Use of a Document must be in accordance with the disclaimers and notices on the Document and nothing in these Terms abrogates from such disclaimers or other notices.
5. No Online Posting; No Sale. No Document may be sold, offered for sale, made available online or made available through any content network that is accessible to the public except with the prior written consent of the Executive Director of the Canadian Centre.
6. No Modifications. No part of any Document may be modified. Examples of prohibited actions include removing, adding, moving or editing content within a Document.
7. Confidential Information. You agree that the following information (the “Confidential Information”) is deemed to be confidential:
   • Your credentials for accessing the Portal (user name and password); and,
   a. Your credentials for accessing the Portal (user name and password); and,
   • Documents posted on the Portal, unless the Document is marked as a "Public" document.
   b. Documents posted on the Portal, unless the Document is marked as a "Public" Document.
8. Confidentiality Obligations. You undertake and agree, at all times, to:
   • treat the Confidential Information as strictly confidential, and not disclose or permit the disclosure of the Confidential Information;
   • use the Confidential Information solely for the Purpose set out in section 2 or as permitted by the notices on the Document;
   • take all reasonable precautions against the Confidential Information being accessed, used, or acquired by any unauthorized person, which precautions shall entail at least the same degree of care as you use in preserving the confidentiality of your own confidential and sensitive information (which shall be no less than reasonable care).
9. Term. Access to the Portal is effective upon clicking "I agree" and remains in effect until terminated by either party.
10. DISCLAIMER OF WARRANTIES. The Portal and all Documents posted on the Portal are provided “as is” without any warranties, either express, implied or statutory
11. EXCLUSION OF LIABILITY. Under no circumstances shall the Canadian Centre or any of its employees, directors, officers, agents, affiliates, licensors or suppliers be liable for any damages whatsoever arising out of or related to: (1) access to or use of the Portal; and/or (2) access to or use of any Document made available through the Portal; and/or (3) links to other websites that may be posted on the Portal or within any Document; whether or not any such damages might be foreseeable and even if the Canadian Centre is informed of their possibility, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data). If this exclusion of liability is held to be unenforceable, then the Canadian Centre’s aggregate liability shall not exceed one hundred Canadian dollars ($100.00 CDN).
12. INDEMNITY. You shall indemnify, save harmless and defend the Canadian Centre and its officers, directors, employees, agents and contractors from any and all third party claims, demands, damages, actions, suits, liabilities, costs, expenses and losses of any kind (including legal fees) on account of damages or losses to persons or property arising from a breach of these Terms, or the access to or use of the Portal or Documents in a manner that is not authorized by these terms.
13. Fundamental Clauses. It is agreed that sections 10, 11 and 12 are fundamental to these Terms of Use as the Canadian Centre is a registered charity and it would not be economically possible to provide access to the Portal and Documents without the disclaimer of warranties, liability exclusion and indemnity contained in such sections.
14. Intellectual Property. The Documents within the Portal are copyright of the Canadian Centre. Any logos, images and fonts found on the Portal or within the Documents are owned by the Canadian Centre, unless otherwise indicated.
15. General Provisions. These Terms may be updated and replaced by the Canadian Centre from time to time upon notice. The governing law is Manitoba, Canada and the parties irrevocably attorn to the exclusive jurisdiction of the Manitoba courts. By clicking "I accept the Terms of Use”, you signify your personal agreement to accept the terms electronically and have the electronic version having the same legal effect as an original written document. There is no commercial aspect to these terms and no intent to create a partnership, joint venture, master-servant, principal-agent, or other relationship between you and the Canadian Centre.