By accessing or using the Site, you accept this Agreement and any modifications that We may make to this Agreement from time to time. We may update this Agreement at any time. The most current version of the policy will govern Our use of Your information and its last revised date shall be as of April 1st, and changes will take effect immediately upon posting. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and AXS World regarding the Site. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it.
The Site and Services are intended solely for persons who are 13 or older and who have legal capacity to use the Site for their purposes per applicable law. Any access to or use of the Site or Services by anyone under 13 or who does not hold the required legal capacity under the law applicable to him/her is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older, allowed to use the Site under applicable law, and that all registration information you submit is accurate and truthful. AXS World may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you.
Use of this Site by bots or other means for competing and/or commercial purposes (including, without limiting the foregoing, for purposes of gathering info and/or using data published on the Site) other than for Your own personal Use, is absolutely prohibited. Use of content on the Site which is of personal nature, such as (but not limited to) content uploaded by other users, is also prohibited unless otherwise authorized by AXS World in advance and in writing per each specific case, on a case by case basis. Use of this site for any purpose which is not in good faith and/or which is malicious is also prohibited.
2. The Site
The Site allows people with disabilities and their families to upload their personal stories.You agree that the Site is a platform operating as a venue and therefore AXS World is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site. You use the Site and the Services at your own risk.
By uploading Content to the Site you represent and warrant that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights, including by way of promoting the Site and/or AXS World. AXS World does not claim ownership rights in your Content. You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferrable right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Us to store or re-format your Content on the Site and display and edit your Content on the Site in any way as We may choose. You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content of other users in any way, including for any public or commercial purpose whatsoever, without the prior written consent of AXS World or the lawful owners of such materials.
You agree to indemnify and hold Us and Our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of Our Site as well as reliance in the content therein, your violation of any law, statute, ordinance or regulation or the rights of a third party.
Your use of Our Site is at your sole risk. Our Site is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of Our Site. We disclaim any warranties for any information or advice obtained through Our Site. In addition, no advice or information (oral or written) obtained by you from Us shall create any warranty. You understand and agree that you obtain data through the use of Our Site at your own discretion and risk and that you will be solely responsible for any consequences, losses, or damages that you may directly or indirectly incur or suffer as a result from attaining such data.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you submit to us is submitted at your own risk. Nevertheless, once We receive your information, We will take reasonable steps to preserve the security of such information.
6. Limitation of Liability
You agree that in no event shall AXS World be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AXS World has been advised of the possibility of such damages), arising out of or in connection with your use of Our Site and/or this Agreement or the inability to use Our Site.
7. Modifications; No Guarantee
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Our Site with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or termination of the Site (including, without limiting the foregoing, if we decide to remove any information published by You and/or referral to your products, sites, or services, and/or if we change the way or order of such), and that We do not guarantee continuous, uninterrupted access to the Site; the operation of the Site may be interfered with by numerous factors outside AXS World’s control or otherwise.
8. AXS World’s Intellectual Property
The Site, and in connection therewith, any graphics, videos, logos, designs, page headers, button icons, scripts, code, texts, and service names and trademarks of AXS World and all other intellectual property rights embodied in and/or appearing in the Site, are the sole property of and/or licensed by AXS World, and may not be used, copied, altered, reverse engineered, distributed and/or tampered with, including without limiting the foregoing as part of trademarks and/or as part of domain names or email addresses, by any third party for any purpose.
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond Our reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the Province of Ontario without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located Toronto, Ontario. The failure of AXS World to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Our prior written consent, and any such attempt is void. The relationship between Us and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.