Terms of Use
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Effective Date: May 29, 2023
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Welcome to AXS World website (“AXS”). Please read this carefully before you access and use Our website and its content, tools, and services (together, the "Site"). If you do not agree with the terms of this Agreement or with the terms of the Privacy Policy [Please insert link/hyperlink], please do not continue using the Site.
These terms of use (the "Agreement") sets out the legally binding terms of service for your access and use of Our Site (the "Services"), and by using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you" or "your" etc.) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, service providers, organizations, contributors of content and/or other materials or services on the Site, and users who browse the Site even if they are not publishing in it or using it in any commercial matter.
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.
1. Eligibility
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.
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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.
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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.
3. Content
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.
4. Indemnity
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.
5. Warranties
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.
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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.
9. Miscellaneous
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.
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Privacy Notice
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Your privacy is important to us. All terms not defined herein shall have the meaning set forth in the Terms of Use AXS World will not verify Personal Information (as defined below) provided by you and cannot judge on your legal capacity under the law applicable to you. In the event that you shall use the Services while you lack a respective legal capacity, then it is your responsibility to inform your guardian with the terms of this Privacy Policy ("Privacy Policy"), and provide him with a full copy thereof.
This Privacy Policy describes the policies and practices of AXS World in connection with the collection, use and disclosure of information provided to Us, collected by Us or that may be generated by your use of Our website and services. Please review carefully this Privacy Policy before making any use of the Service. Each use of the Service by You constitutes your consent to the collection, transfer, storage, disclosure and other uses of your personal information as described in this Privacy Policy.
"Personal Information" means information that identifies or could be used by us to identify an individual. Except as described in this Privacy Policy, We will not share, give, sell, rent or loan any personal information to any third party. Personal information does not include "Usage Data" which We define as aggregated or anonymized information that We may collect about you in which you are referenced or to which you belong, or a set of features or users which does not contain personally identifying information. In addition to collecting and using Usage Data ourselves, We may share Usage Data with third parties for various purposes. We do not share Usage Data with third parties in a way that, to Our knowledge and in Our reasonable assessment, would enable them to identify you personally, except for certain analytical purposes as portrayed in this Privacy Policy.
1. What Information We Collect
When you visit Our Site We may collect information regarding your visit from your computer, e.g. information provided to Us through your browser. Such information helps Us determine how you found Our Site, the date that you visited Our Site and search engines that may have led you to Our Site. We collect this information and use it in order to continually improve and enhance the functionality of the Site. The information collected is non-identifiable. If you email Us and/or complete any virtual personal form through the Site, We may ask you for and you may provide Us with certain information which identifies you, such as your name and email address, or your any details of a certain social media account (e.g. Facebook account, etc.), as part of your registration process. We may also retain the content of your messages, either to Us and/or other users at the Site, and the response to you in Our records. Except as explained in this Privacy Policy, We will not give such information to third parties without your approval. Except as described in this Privacy Policy, We do not collect or require you to furnish personally-identifiable information. You may choose not to provide such information, in which case you may be limited in the use of the Service. Please note that in certain cases, if you decide not to provide such information or enable certain features you might not be able to complete the applicable registration process at all.
Usage Data. We may use statistical data, analytics, trends and usage information derived from your use of the Services. Some ways We use the Usage Data include operating, improving and personalizing the Services and Our offerings, as well as other products and services. We may share Usage Data with third parties, including users, for various purposes including but not limited to Our own commercial benefit.
Other Data. We may also collect other information about you which does not identify you personally, such as the type of browser and operating system you use; your Internet protocol addresses (including any host name or geographic information associated with these addresses); and information related to your computer or device system configuration. We may use "cookie" technology (as defined below), web beacons, and log file information to purposes such as: (a) collect website users' usage data to enable easy access to the Service and otherwise improve the Service; (b) provide custom, personalized content and information; (c) monitor the effectiveness of the Service; (d) monitor aggregate metrics such as total number of visitors and pages viewed; (e) track your entries and submissions to the Service; and (f) generate "analytics" data for Our own use. Please note: most Internet browsers automatically accept cookies. You should change your browser settings if you do not wish to accept cookies from Us on your computer.
A cookie is a small information file that is sent to your computer, mobile or other device when you visit a website and it will recognize your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.
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.
2. How We Share Your Personal Information
We disclose Identifiable Information, including without limitation information gathered by means of cookies to those of our employees and service providers who: (a) need to know this information in order to process it on Our behalf, or to provide services offered through or relating to the Services; and (b) have agreed not to disclose it to others. We may also disclose your Personal Information to third parties: (i) in the event that We sell or buy any business or assets; and (ii) if We or substantially all of its assets are acquired by a third party, in which case Personal Information which we hold about users may be one of the transferred assets. By using the Services, you consent to the transfer of your Personal Information to those service providers. We shall not sell or make available the Personal Information to anyone other than to our employees and service providers as described herein. We may also disclose your Personal Information to third parties (a) to comply with any applicable law, regulation, legal process (including any court order) or governmental request, (b) to perform certain administrative functions consistent with Our Privacy Policy on Our behalf, (c) to protect the safety of Our employees and Our property, and (d) in connection with the enforcement of this Privacy Policy and the Terms of Use.
We occasionally contract with other companies to provide services (such as customer support, data management, and technical infrastructure services) on Our behalf. We may provide these companies with access to your Personal Information where necessary for their engagement. These companies are required to maintain the confidentiality of your Personal Information and are prohibited from using it for any purpose other than that for which they are engaged by AXS World. By default, all sharing through the Services is public, and when You provide Us with content it is published so that anyone can view it. You should assume that anything You publish is publicly accessible. Content published and shared publicly is accessible to everyone, including search engines, and you may lose any privacy rights you might have regarding that content. In addition, information shared publicly may be copied and shared throughout the Internet, on which AXS World has no control of whatsoever.
3. How Can Users Protect their Privacy
If you are a registered user, your personal account for use of Our Services is password-protected for your privacy and security. At all times, you will need to protect your password appropriately and limit access to your computer or any other device through which you log on to the Site, to prevent unauthorized access to your account and Personal Information. When you submit or make available of your Personal Information and other information through Our Services, you are giving your consent to the collection, use and disclosure of such information pursuant to this Privacy Policy.
4. Opt-In Options and Unsubscribing
You may be asked to allow us to use your email address in order to present you, from time to time, via email communication, with news and updates about Our Services, as well as other marketing communications material and promotional offers from AXS World or third parties ("Opt In"). If following your original consent you wish, at any time, not to receive from Us such marketing communications material, or ask Us to stop providing you with such information, you can opt-out by following the "Opt-Out" instructions available at the bottom of each such communication or by sending Us an email to axsworld1@gmail.com requesting removal of your email address from such mailing lists. Please be sure to include your full name and email address and indicate what type of communications you do not wish to receive. We will take appropriate steps to fulfil your request; however, please note that it may take a few days or longer to process your request during which you may still receive marketing communications material from Us.
5. Data Retention
We will retain Personal Information which pertains to you for as long as needed to provide Service to Our Users, subject to the compliance with this Privacy Policy. We may further retain and use this Personal Information as necessary to comply with Our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce Our agreements. If you decide to terminate your account with us, copies of your profile information may remain on back-up media.
6. Updates to This Privacy Policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern Our use of Your information and its last revised date shall be as of May 29, 2023, and changes will take effect immediately upon posting. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy and the Terms of Use, please do not continue using the Site.
8. How to Contact Us
If you have any questions or comments about this Privacy Policy, please contact Us by email at axsworld1@gmail.com. Questions or comments submitted through other means may not be received or addressed.
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Accessibility Statement
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AXS World is committed to ensuring digital accessibility to all users regardless of ability. We are continually improving the user experience for everyone and applying the relevant accessibility standards. We aim to adhere as closely as possible to the Web Content Accessibility Guidelines (WCAG 2.0, Level AA), published by the World Wide Web Consortium (W3C). These guidelines explain how to make Web content more accessible for people with disabilities.
Our accessibility tests on the site’s pages include (but are not limited to) testing correct heading structure, good keyboard operability, sufficient colour contrast, and screen reader support. We test our pages with NVDA screen reader on Windows desktops and with VoiceOver screen reader on mobile iOS devices.
We are aware of some areas on the website where we could improve accessibility. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility.
Feedback
We welcome your feedback on the accessibility of AXS World. Please let us know if you encounter accessibility barriers on www.axs.world by sending an e-mail to: axsworld1@gmail.com