1. Acceptance of Terms
By using or visiting an LCF website (the “Website”), you agree to these terms and conditions (the “Terms”). LCF may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. LCF Website
These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment, including by commenting on our blogs. The use of these features is additionally governed by the Code of Conduct (see below). The Website may contain links to third party websites that are not owned or controlled by LCF. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by LCF. LCF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
3. User Accounts
To access some features of the Website, you may have to register for a LCF user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify LCF immediately of any breach of security or unauthorized use of your user account. Although LCF will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of LCF or others due to such unauthorized use.
4. Termination of Agreements and Refunds Policy
Both the Client and LCF have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
5. Ownership of Website Content
As between you and LCF, LCF owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding User Content (see below). LCF grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions:
- they must be used or reproduced accurately, without any modification;
- they must identify LCF as the source;
- they must be used solely for non-commercial purposes; and
- a copyright notice must appear on every copy in the following form: “(c) Lunar Colony Fund. All rights reserved”.
LCF’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever. The LCF logos are trade-marks of LCF, and may not be used without the express written permission of LCF.
5. User Content; Privacy
Your use of this website is entirely at your own risk. The website and content is provided “as is” and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. LCF does not warrant that the website or content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, LCF does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. LCF may make changes or improvements to the content or the website at any time. LCF makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
7. LIMITATION OF LIABILITY
LCF, its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if LCF has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that LCF, its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless LCF, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from: (i) your use of and access to the website; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the website. In such a case, LCF will provide you with written notice of such claim, suit or action.
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Website is physically maintained and operated by LCF from the Province of Ontario. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. These Terms constitute the entire agreement between you and LCF with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect. In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.
Code of Conduct
- You may not use the LCF Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website.
- You may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
- You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
- post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
- impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
- use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;
- upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
- submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
- While LCF prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
- LCF reserves the right to monitor use of this Website to determine compliance with these Terms. Although LCF does not read, review, vet or otherwise assess User Content in advance of its posting, LCF reserves the right to remove any User Content and/or terminate your LCF User Account without notice for breach or for any other reason.
The Lunar Colony Fund (LCF) respects the privacy of everyone who visits this site.
Who is responsible for the personal information collected on this Website?
The LCF whose office is at Ottawa, Ontario controls the personal data collected on this Website.
Special Notice – if you are under 18 years old
The LCF does not intentionally collect personal data of persons under 18 years old. If you are under 18 years old please do not send us your personal information (for example, your name, address and email address). If you are under 18 years old and you wish to ask a question or use this Website in anyway which requires you to submit your personal information please get your parent or guardian to do so on your behalf.
Information collection and use
We collect and use personal information (including name, address, telephone number and email address) in order to:
- respond to queries or requests submitted by you
- process orders or applications submitted by you
- administer or otherwise carry out our obligations in relation to any agreement you have with us
- anticipate and resolve problems with any products or services supplied to you
- better tailor and improve the features of products and services.
As part of the products or services offered to you through our Website, the information you provide to us may be transferred to countries outside of Canada. By way of example, this may happen if any of our servers are from time to time located in a country outside of Canada or one of our service providers is located in a country outside of Canada. These countries may not have similar data protection laws to Canada. If we transfer your information outside of Canada in this way, we will take steps to ensure that your privacy rights continue to be protected. In addition, if you use our services while you are outside Canada, your information may be transferred outside Canada in order to provide you with those services.
Providing you with additional information and sharing your information
From time to time we would like to use your personal information for purposes other than as set out in the above section. We believe that these additional uses will be of benefit to you. However, we understand that you may not wish us to use your information in this way. We will not use your information for the purposes set out below if you have indicated that you do not wish us to use your information in this way when submitting the information. Additionally, if at any time you wish us to stop using your information for any or all of the below purposes, please let us know (see contact information below).
We will take the necessary steps to stop the use of your information for such purposes with immediate effect. In such case we will, however, continue to use your personal data for the purposes set out in the above section for as long as necessary to achieve such purposes. From time to time we will use the information you supply to us for:
- market research and tracking of sales data
- informing you about our products and services
- giving the information to LCF affiliate offices and companies, which may be located outside Canada, to enable them to send you information which may be of interest to you.
Collection of non-personal information
We may automatically collect non-personal information about you such as the type of internet browsers you use or the website from which you linked to our Website. We may also aggregate details which you have submitted to the Website (for example, your age and the town where you live). You cannot be identified from this information and it is only used to assist us in providing an effective service on this web site.
We may from time to time supply third parties with this non-personal or aggregated data for uses in connection with this Website.
We may store some information (commonly known as a “cookie”) on your computer when you look at our Website. We are able to read these cookies for information purposes when you revisit our Website. The type of information we collect as a result of a cookie being accepted by you is specific to your PC and includes the IP address, the date and time the PC visited the Website, what parts of our Website were looked at and whether the web pages requested were delivered successfully. This information is anonymous; it represents a computer rather than a person. We use the cookie information to improve our knowledge of the use of our Website and to enable us to be able to ascertain whether the Website is operating at an optimal level. This allows us to enhance our web offerings to you and to provide an enjoyable and an innovative online experience. You can erase or block this information by changing the settings on your computer (please refer to your help screens or manuals). If you do erase or block this information you may not be able to utilise some features of the Website.
Chat rooms, forums, newsgroups
E-mail, Feedback and Forum Facilities
Keeping our records accurate
We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, please contact us as set out below.
Security of your personal data
We have implemented technology and policies with the objective of protecting your privacy from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. Use of your personal information submitted to other websites
We cannot be responsible for the privacy policies and practices of other websites even if:
- you accessed the third party website using links from our Website; or
- you linked to our Website from a third party website.
We recommend that you check the policy of each site you visit and contact the owner or operator of such website if you have any concerns or questions.
How you can contact us