Terms and Conditions of Use

These Terms and Conditions of Use were last updated December 21, 2023.

IMPORTANT! YOUR ACCESS TO THE WEBSITE LOCATED AT https://thephoenix11.com/ (the “Website”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS (the “Terms”) BEFORE ACCESSING AND/OR USING THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. ACCESS TO AND/OR USE OF THE WEBSITE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL AGREEMENT TO THESE TERMS. IF YOU ARE DISSATISIFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF IT.

Enforcement. This is an agreement between you, the Canadian Centre for Child Protection Inc. (“C3P”), and C3P on behalf of the Phoenix 11. C3P operates the Website for the Phoenix 11, a group of survivors whose child sexual abuse was recorded, and in the majority of cases, distributed online (the “Phoenix 11”). The term “Website” includes the Website and all content made available through the Website, including without limitation: information, content, reports, downloadable documents in “.pdf” or other format, data, graphics, web pages, text, video, audio, files, artwork, images, software, product names, icons, company names, trademarks, logos and trade names contained on the Website, and it includes the manner in which the said content is presented or appears. The term “Website Owner” means C3P on behalf of the Phoenix 11.
Amendment. C3P and the Website Owner reserves the right to amend these Terms at any time without prior notice to you and such amendments will be effective immediately when posted on https://thephoenix11.com/. By using the Website, you are agreeing to be bound by the current version of these Terms. The Website Owner, at its sole discretion reserves the right to discontinue any aspect of the Website.
Ownership. The Website Owner retains all right, title and interest in and to the Website, including all intellectual property rights. You do not own the Website. Your permissions are set out in section 4.
Licence. The Website Owner grants to you a personal, limited, non-transferable and non-exclusive licence to temporarily access, and use the Website. These Terms are not a transfer or a licence of rights to any content displayed or accessed through the Website other than to view it. You cannot use or reproduce the Website for commercial purposes or financial gain. Any document that is © of the Website Owner or the Phoenix 11 and is made available for download may be saved, printed, or viewed, and such saved/printed copy may be used strictly for non-commercial use, and each such document is subject to the rights and limitations set out on the document. If there is a conflict between the permissions granted for the Website and its content through this section 4, and the permissions or restrictions that may be expressly set out in a document or other content made available for download from the Website, the permissions or restrictions set out in the document or other content shall prevail.
Restrictions. Subject to the limited license in section 4, you may NOT (1) provide others with access to the Website; (2) create derivative works, copy, publish, reproduce, rent, sublicence, modify, reverse engineer, decompile, transfer, translate, or resell for profit copies of the Website, or any portion thereof, in any form or by any means whatsoever, be they physical, electronic or otherwise; (3) do anything to harm the functioning of the Website; (4) attempt to upload, insert or change any information or image to or on the Website; (5) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of C3P; (6) redeliver any of the Website using “framing”, hyperlinks, or other technology without express written permission; or (7) remove any copyright or other proprietary notices from the Website or any document posted thereon. You are also prohibited from using the Website for activities that include, but are not limited to: impairing the operations or efficiency of the Website or creating an unusually large burden on the Website, or otherwise generating levels of traffic sufficient to impede the ability of other users of the Website to transmit information to the Website or receive information from the Website. C3P and the Website Owner may take any action it deems appropriate in order to help ensure the integrity of the Website for all users.
Use of Content (non-personal information) You Voluntarily Share or Send. If you choose to voluntarily share or send any content (such as, by way of example, feedback about the Website, or ideas about what the Phoenix 11 should do or promote), C3P, the Website Owner, and the Phoenix 11 will treat the content as non-confidential and non-proprietary information unless otherwise required by law. Please remember that you are in control of the content you choose to submit to C3P or to the Phoenix 11 through C3P, and you bear full responsibility for the content so submitted. For clarity, this entire section 6 does NOT apply to personal information (as defined in C3P’s Privacy Policy) which is handled in accordance with C3P’s Privacy Policy.
Data Collection and Use. This Website may collect and use aggregate or anonymized information that cannot be associated with a specific individual, directly or indirectly. The Website may collect and use information from the device used to access the Website, such as web browser details, time zones or any other information to gather broad aggregated demographic information (such as geographical, domain and ISP information) and to optimize the Website for the user. Once demographic information is obtained, the IP address is deleted unless C3P detects an attempt to compromise the security or availability of the Website.
Accuracy. The Website is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific third party product or service or course of action. The Website is not intended to be used as, or as a substitute for, professional advice. The information on the Website is believed to be reliable at the time it is posted. The information on the Website is subject to change without notice, and C3P and the Website Owner reserves the right in its sole discretion to correct any errors or omissions in any part of the Website.
DISCLAIMER. THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE OWNER OR C3P OR ANY OF ITS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO (1) YOUR ACCESS TO OR USE OF THE WEBSITE; AND/OR (2) ANY INFORMATION OR CONTENT YOU SEND THROUGH THE WEBSITE; AND/OR (3) THE USE OF LINKS TO THIRD PARTY WEBSITES; AND/OR (4) ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE, WHETHER OR NOT ANY SUCH DAMAGES ARE OR MIGHT BE FORESEEABLE OR CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE WEBSITE OWNER OR C3P, AND EVEN IF THE WEBSITE OWNER OR C3P ARE INFORMED OF THEIR POSSIBILITY; INCLUDING WITHOUT LIMITATION LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Indemnity. You agree at all times to indemnify, defend and hold harmless C3P and the Website Owner and any of its or their employees, directors, officers, agents, affiliates, subsidiaries, licensors and suppliers of all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by C3P or the Website Owner directly or indirectly in respect of (1) your access to or use of the Website; and/or (2) any information or content you send to C3P or the Website Owner; and/or (3) your use of links to third party websites.
Remedies. You acknowledge that the exclusive remedies and limited liability set forth in these Terms are fundamental elements of the bargain between C3P, the Website Owner and you. You agree that C3P and the Website Owner would not be able to provide access to the Website on an economic basis without such limitation.
Termination. Without prejudice to any other of its rights these Terms may be terminated, without notice to you, if you fail to comply with the Terms. In the event these Terms are terminated, you shall immediately stop all use of this Website.
Linked Sites — 3^rd party. This site may contain links to third party websites for your convenience only. The inclusion of these links does not imply that either C3P or the Website Owner monitors or endorses these websites. Access to third party linked websites is at your own risk and C3P and the Website Owner take no responsibility for such access. In providing links to third party websites, neither C3P nor the Website Owner are acting as a disseminator of the material contained on those third party websites. Further, when you visit a third party website through a link, you will be subject to the terms and conditions of use, policies of the third party website and any applicable agreement posted thereon.
Linked Sites — C3P. The Website may provide links to other websites owned and operated by C3P. Your access to each of those linked websites is subject to the terms and conditions of use, and the privacy policy, posted on such C3P owned website. C3P takes full responsibility for all C3P owned websites.
Monitoring. Neither C3P nor the Website Owner has any obligation to monitor the Website. You agree that they do have the right to monitor the Website from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, to protect themselves and/or other users of the Website, or where abuse, misuse and/or unlawful activity is suspected.
General Provisions. These Terms cannot be assigned or transferred, in whole or in part, by you. The Terms will enure to the benefit of and be binding upon C3P and the Website Owner and its and their respective heirs, successors and permitted assigns. The Terms will be governed by, and construed under, the laws of the Province of Manitoba and the laws of Canada applicable therein. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the Manitoba courts. You agree that these Terms are available in English and should any party translate the Terms into any other language, for convenience or any other purpose, the English version of the Terms shall prevail. The Terms constitutes and contains the entire agreement between you, C3P and the Website Owner with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event that any provision of the Terms is held by a court or a tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portion of the Terms will remain in full force and effect. All sections will survive the termination or expiry of these Terms.
Other.
The following logo is registered or used in Canada as a trademark of the Canadian Centre for Child Protection Inc.

The following trademark is used in Canada or elsewhere by the Phoenix 11 and by C3P on behalf of the Phoenix 11.

Neither trademark is to be reproduced in any format without the express written permission of C3P, or C3P on behalf of the Phoenix 11 (as the case may be).