Terms of Use


Terms of Use
In consideration for your access to and continued use of this website at www.sickkidsus.org (the “Site”) you agree to the terms set out herein.  Your continued use of the Site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following provisions. If you have not already done so, please take some time to familiarize yourself with them. Please check back periodically as these terms and conditions may change from time to time. Your continued use of the site will mean you accept those changes.  If you do not agree to be bound by these terms of use then please click on the [BACK] button on your Web browser until you have left this site.

Last Revised: August 2008

All information on the site (the “Information”) is copyrighted by The Hospital for Sick Children Foundation (“SickKids Foundation”, “we” or “us”) or other contributors. Users of the site (“you”) are granted a limited license to use (display or print) the Information for personal non-commercial use only, provided the Information is not modified and all copyright and other proprietary notices are retained. Any other use is strictly prohibited without our prior permission and the permission of the applicable rights holders. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of an authorized representative of SickKids Foundation. Certain words, phrases, names, designs or logos used on the Site may constitute trade marks, service marks or trade names of SickKidsFoundation or other entities.

The Information on the site, including but not limited to newsletters, articles, opinions and views, is provided for educational information purposes only. It is not to be used or construed as a substitute for professional medical advice or to be used for diagnosis. Due to unique individual needs, you should consult your own personal physician to determine the appropriateness of the Information for your specific situation and before making any decision regarding treatment and/or medication. Please consult with your physician before making any decision regarding treatment and/or medication. Online resources are not a substitute for the personalized judgment and care of a trained medical professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

We do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information provided. Reliance on any information appearing on the site is at your own risk. 

We expressly disclaim all warranties, representations and conditions regarding use of the site or the Information. We assume no obligation to update the Information or advise on further developments concerning topics mentioned. The Information is supplied “AS IS” and may contain typographical or other errors. The Information may be changed from time to time without notice. Certain portions of the Information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by us.

You assume full responsibility for the use of the Information. SickKids Foundation and the contributors of any Information are not responsible for any damages whatsoever, arising out of or in connection with the use of the site or your reliance on the Information, whether in an action of contract, negligence or other tortious action.

Reference to or mention of specific products, processes or services does not constitute or imply a recommendation or endorsement by us. Any links we provide to other sites are provided as a reference to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than SickKids Foundation and we do not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed at such other sites. Your use of any third party website is at your own risk and is subject to the terms of use of such site.

This is a Canadian website and its content is intended for Canadian residents only. The laws in effect in the Province of Ontario shall govern this agreement and any dispute or claim based on your use of the site or the information. You agree that any action or proceeding related to this agreement or your use of the site shall only be brought by you in the courts of the Province of Ontario.

These Terms of Use set forth the entire understanding and agreement between SickKids Foundation and you with respect to the site.

Blogs  
SickKids Foundation is not responsible for any comments posted in the blogs on this Site. We do not vouch for or warrant the accuracy, completeness or usefulness of any comment, and are not responsible for the contents of any comment. The messages express the views of the author of the message, not necessarily the views of this community. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.  If you blog on this Site, you agree that you will not post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law. You agree not to post any copyrighted material unless the copyright is owned by you or by this community.  And you recognize that you may be prohibited from blogging if you fail to comply with these terms.

Submitted/Uploaded Content (for blogs)    
You acknowledge that:

(a) by posting, e-mailing, transmitting, uploading or otherwise submitting any content to the Site, you hereby irrevocably grant and assign to SickKids Foundation the unlimited right and licence, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, public display and perform, distribute and create compilations and derivative works from such content, and to publish, reproduce and otherwise use and exploit the content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. SickKids Foundation shall be entitled to edit the content, and you hereby waive in favour of SickKids Foundation and its assigns, all moral rights in and to the content. Nothing herein shall obligate SickKids Foundation to use or publish the content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by SickKids Foundation to any third party.

(b) SickKids Foundation shall be entitled to use the content you submit to SickKids Foundation without compensation or obligation to you; and

(c) There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and SickKids Foundation, by virtue of the submission by you of the content to SickKids Foundation hereunder.

You agree to waive any and all rights that you may have in the submitter content or any related material and are representing and warranting to SickKids Foundation that the submitter content (and all parts of it) or any related material are wholly original with you, that no one else has any rights in the submitter content or any related material and that SickKids Foundation is free to implement, publish, distribute, reproduce, communicate (and authorize the communication of), transmit, modify and otherwise exploit the submitter content (including any idea and/or suggestion) and to use the related material if it so desires, as provided or as modified by SickKids Foundation without obtaining permission or license from any third party.

You hereby expressly and irrevocably release and forever discharge SickKids Foundation, its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, SickKids Foundation’s use of the content.

You represent and warrant that:
(a) the content you submit, and each and every of its component elements, is wholly original with you and not copied in whole or part from any other work;
(b) you have the full and complete right to grant the permissions given hereunder to SickKids Foundation, and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by SickKids Foundation of the content as contemplated herein; and
(c) the content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.

You hereby agree to indemnify and hold harmless SickKids Foundation, its partners, co-producers, financiers and distributors, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of these Submitted/Uploaded Content terms.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against SickKids Foundation, all of which such rights are hereby expressly and irrevocably waived by you in favour of SickKids Foundation.

You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.