Last Updated 07 September 2020
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Serbian Ethnic Legacy Organization (SELO), located at 6085 Montrose Rd, Niagara Falls, Ontario L2H1L4 Canada (we, us), concerning your access to and use of the Serbian Ethnic Legacy Organization (SELO) (https://projectselo.com) website as well as any related applications (the Site).
The Site provides the following services: Online merchandise for those that wish to support our non-profit organization, SerbianEthnic Legacy Organization (SELO) (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms andConditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing theseTerms and Conditions to stay informed of updates. Your continued use of theSite represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in __________. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
● Our PrivacyNotice projectselo.com/privacy-policy, which sets out the terms on whichwe process any personal data we collect from you, or that you provide to us. Byusing the Site, you consent to such processing and you warrant that all dataprovided by you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purposeother than that for which we make the site and our services available. The Sitemay not be used in connection with any commercial endeavors except those thatare specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
● Systematically retrieve data or other contentfrom the Site to a compile database or directory without written permissionfrom us
● Make any unauthorized use of the Site,including collecting usernames and/or email addresses of users to sendunsolicited email or creating user accounts under false pretenses
● Use a buying agent or purchasing agent to makepurchases on the Site
● Use the Site to advertise or sell goods andservices
● Engage in unauthorized framing of or linkingto the Site
● Trick, defraud, or mislead us and other users,especially in any attempt to learn sensitive account information such as userpasswords
● Make improper use of our support services, orsubmit false reports of abuse or misconduct
● Engage in any automated use of the system,such as using scripts to send comments or messages, or using any data mining,robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burdenon the Site or the networks and services connected to the Site
● Circumvent, disable, or otherwise interferewith security-related features of the Site, including features that prevent orrestrict the use or copying of any content or enforce limitations on the use
● Attempt to impersonate another user or person,or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site inorder to harass, abuse, or harm another person
● Use the Site or our content as part of anyeffort to compete with us or to create a revenue-generating endeavor orcommercial enterprise
● Decipher, decompile, disassemble, or reverseengineer any of the software comprising or in any way making up a part of theSite
● Attempt to access any portions of the Sitethat you are restricted from accessing
● Harass, annoy, intimidate, or threaten any ofour employees, agents, or other users
● Delete the copyright or other proprietaryrights notice from any of the content
● Upload or transmit (or attempt to upload or totransmit) viruses, Trojan horses, or other material that interferes with anyparty’s uninterrupted use and enjoyment of the Site, or any material that actsas a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use ofthe system, such as using scripts to send comments or messages, robots,scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in ouropinion, us and/or the Site
● Threaten users with negative feedback oroffering services solely to give positive feedback to users
● Use the Site in a manner inconsistent with anyapplicable laws or regulations
● Misrepresent experience, skills, orinformation about a User
● Advertise products or services not intended byus
● Falsely imply a relationship with us oranother company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) allregistration information you submit will be true, accurate, current, andcomplete and relate to you and not a third party; (b) you will maintain theaccuracy of such information and promptly update such information as necessary;(c) you will keep your password confidential and will be responsible for alluse of your password and account; (d) you have the legal capacity and you agreeto comply with these Terms and Conditions; and (e) you are not a minor in thejurisdiction in which you reside, or if a minor, you have received parentalpermission to use the Site.
If you know or suspect that anyone other than you knows youruser information (such as an identification code or user name) and/or passwordyou must promptly notify us at firstname.lastname@example.org.
3.2 If you provide any information that is untrue,inaccurate, not current or incomplete, we may suspend or terminate youraccount. We may remove or change a user name you select if we determine thatsuch user name is inappropriate.
3.3 As part of the functionality of the Site, you maylink your account with online accounts you may have with third party serviceproviders (each such account, a Third Party Account) by either: (a)providing your Third Party Account login information through the Site; or (b)allowing us to access your Third Party Account, as is permitted under theapplicable terms and conditions that govern your use of each Third PartyAccount.
You represent that you are entitled to disclose your ThirdParty Account login information to us and/or grant us access to your ThirdParty Account without breach by you of any of the terms and conditions thatgovern your use of the applicable Third Party Account and without obligating usto pay any fees or making us subject to any usage limitations imposed by suchthird party service providers.
3.4 By granting us access to any Third Party Accounts,you understand that (a) we may access, make available and store (if applicable)any content that you have provided to and stored in your Third Party Account(the “Social Network Content”) so that it is available on and throughthe Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your ThirdParty Account to the extent you are notified when you link your account withthe Third Party Account.
Depending on the Third Party Accounts you choose and subjectto the privacy settings that you have set in such Third Party Accounts,personally identifiable information that you post to your Third Party Accountsmay be available on and through your account on the Site. Please note that if aThird Party Account or associated service becomes unavailable or our access tosuch Third Party Account is terminated by the third party service provider,then Social Network Content may no longer be available on and through theSite.
You will have the ability to disable the connection betweenyour account on the Site and your Third Party Accounts at any time. Pleasenote that your relationship with the third party service providers associatedwith your third party accounts is governed solely by your agreement(s) withsuch third party service providers. We make no effort to review anySocial Network Content for any purpose, including but not limited to, foraccuracy, legality or non-infringement, and we are not responsible for anySocial Network Content.
You acknowledge and agree that we may access your emailaddress book associated with a Third Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site. At your email request to email@example.com or throughyour account settings (if applicable), we will deactivate the connectionbetween the Site and your Third Party Account and attempt to delete anyinformation stored on our servers that was obtained through such Third PartyAccount, except the username and profile picture that became associated withyour account.
4. Our content
4.1 Unless otherwise indicated, the Site and Servicesincluding source code, databases, functionality, software, website designs,audio, video, text, photographs, and graphics on the Site (Our Content)are owned or licensed to us, and are protected by copyright and trade marklaws.
4.2 Except as expressly provided in these Terms andConditions, no part of the Site, Services or Our Content may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.
4.3 Provided that you are eligible to use the Site,you are granted a limited licence to access and use the Site and Our Contentand to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised accessto the Site or any networks, servers or computer systems connected to the Site;and/or (b) make for any purpose including error correction, any modifications,adaptions, additions or enhancements to the Site or Our Content, including themodification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content withreasonable skill and care; and (b) use industry standard virus detectionsoftware to try to block the uploading of content to the Site that containsviruses.
4.6 The content on the Site is provided for generalinformation only. It is not intended to amount to advice on which you shouldrely. You must obtain professional or specialist advice before taking, orrefraining from taking, any action on the basis of the content on theSite.
4.7 Although we make reasonable efforts to update theinformation on our site, we make no representations, warranties or guarantees,whether express or implied, that Our Content on the Site is accurate, completeor up to date.
5. Site Management
5.1 We reserve the right at our sole discretion,to (1) monitor the Site for breaches of these Terms and Conditions; (2) takeappropriate legal action against anyone in breach of applicable laws or theseTerms and Conditions; (3) remove from the Site or otherwise disable allfiles and content that are excessive in size or are in any way a burden to oursystems; and (4) otherwise manage the Site in a manner designed to protect ourrights and property and to facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secureor free from bugs or viruses.
5.3 You are responsible for configuring yourinformation technology, computer programs and platform to access the Site andyou should use your own virus protection software.
6. Modifications to andavailability of the Site
6.1 We reserve the right to change, modify, or removethe contents of the Site at any time or for any reason at our sole discretionwithout notice. We also reserve the right to modify or discontinue all or partof the Services without notice at any time.
6.2 We cannot guarantee the Site and Services will beavailable at all times. We may experience hardware, software, or other problemsor need to perform maintenance related to the Site, resulting in interruptions,delays, or errors. You agree that we have no liability whatsoever for any loss,damage, or inconvenience caused by your inability to access or use the Site orServices during any downtime or discontinuance of the Site or Services.We arenot obliged to maintain and support the Site or Services or to supply anycorrections, updates, or releases.
6.3 There may be information on the Site that containstypographical errors, inaccuracies, or omissions that may relate to theServices, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information at any time, without priornotice.
7. Disclaimer/Limitation ofLiability
7.1 The Site and Services are provided on anas-is and as-available basis. You agree that your use of the Site and/orServices will be at your sole risk except as expressly set out in these Termsand Conditions. All warranties, terms, conditions and undertakings, express orimplied (including by statute, custom or usage, a course of dealing, or commonlaw) in connection with the Site and Services and your use thereof including,without limitation, the implied warranties of satisfactory quality, fitness fora particular purpose and non-infringement are excluded to the fullest extentpermitted by applicable law.
We make no warranties or representations about the accuracyor completeness of the Site’s content and are not liable for any (1) errors oromissions in content: (2) any unauthorized access to or use of our serversand/or any and all personal information and/or financial information stored onour server; (3) any interruption or cessation of transmission to or from thesite or services; and/or (4) any bugs, viruses, trojan horses, or the likewhich may be transmitted to or through the site by any third party. We will notbe responsible for any delay or failure to comply with our obligations underthese Terms and Conditions if such delay or failure is caused by an eventbeyond our reasonable control.
7.2 Our responsibility for loss or damagesuffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way ourliability to you where it would be unlawful to do so. This includes liabilityfor death or personal injury caused by our negligence or the negligence of our employees,agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms andConditions, we will be responsible for loss or damage you suffer that is aforeseeable result of our breach of these Terms and Conditions, but we wouldnot be responsible for any loss or damage that were not foreseeable at the timeyou started using the Site/Services.
Notwithstanding anything to the contrary contained in theDisclaimer/Limitation of Liability section, our liability to you for any causewhatsoever and regardless of the form of the action, will at all times belimited to a total aggregate amount equal to the greater of (a) the sumof £5000 or (b) the amount paid, if any, by you to us for the Services/Siteduring the six (6) month period prior to any cause of actionarising.
If you are a consumer user:
● Please note that we only provide our Site fordomestic and private use. You agree not to use our Site for any commercial orbusiness purposes, and we have no liability to you for any loss of profit, lossof business, business interruption, or loss of business opportunity.
● If defective digital content that we havesupplied, damages a device or digital content belonging to you and this iscaused by our failure to use reasonable care and skill, we will either repairthe damage or pay you compensation.
● You have legal rights in relation to goodsthat are faulty or not as described. Advice about your legal rights isavailable from your local Citizens' Advice Bureau or Trading Standards office.Nothing in these Terms and Conditions will affect these legalrights.
8. Term and Termination
8.1 These Terms and Conditions shall remain in fullforce and effect while you use the Site or Services or are otherwise a user ofthe Site, as applicable. You may terminate your use or participation at anytime, for any reason, by following the instructions for terminating useraccounts in your account settings, if available, or by contacting usat firstname.lastname@example.org.
8.2 Without limiting any other provision of theseTerms and Conditions, we reserve the right to, in our sole discretion andwithout notice or liability, deny access to and use of the Site and theServices (including blocking certain IP addresses), to any person for anyreason including without limitation for breach of any representation, warrantyor covenant contained in these Terms and Conditions or of any applicable law orregulation.
If we determine, in our sole discretion, that your use ofthe Site/Services is in breach of these Terms and Conditions or of anyapplicable law or regulation, we may terminate your use or participation in theSite and the Services or delete your profile and any content orinformation that you posted at any time, without warning, in our solediscretion.
8.3 If we terminate or suspend your account for anyreason set out in this Section 9, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the right totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
9.1 Visiting the Site, sending us emails, andcompleting online forms constitute electronic communications. You consent toreceive electronic communications and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, via emailand on the Site, satisfy any legal requirement that such communication be inwriting.
You hereby agree to the use of electronic signatures,contracts, orders and other records and to electronic delivery of notices,policies and records of transactions initiated or completed by us or via theSite. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances or other laws in any jurisdiction which requirean original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by other than electronic means.
9.2 These Terms and Conditions and any policies oroperating rules posted by us on the Site or in respect to the Servicesconstitute the entire agreement and understanding between you and us.
9.3 Our failure to exercise or enforce any right orprovision of these Terms and Conditions shall not operate as a waiver of suchright or provision.
9.4 We may assign any or all of our rights andobligations to others at any time.
9.5 We shall not be responsible or liable for anyloss, damage, delay or failure to act caused by any cause beyond our reasonablecontrol.
9.6 If any provision or part of a provision of theseTerms and Conditions is unlawful, void or unenforceable, that provision or partof the provision is deemed severable from these Terms and Conditions and doesnot affect the validity and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, employmentor agency relationship created between you and us as a result of these Termsand Conditions or use of the Site or Services.
9.8 For consumers only -Please note that these Terms and Conditions, their subject matter and theirformation, are governed by English law. You and we both agree that the courtsof England and Wales will have exclusive jurisdiction expect that if you are aresident of Northern Ireland you may also bring proceedings in NorthernIreland, and if you are resident of Scotland, you may also bring proceedings inScotland. If you have any complaint or wish to raise a dispute under theseTerms and Conditions or otherwise in relation to the Site please follow thislink http://ec.europa.eu/odr
9.9 A person who is not a party to theseTerms and Conditions shall have no right under the Contracts (Rights of ThirdParties) Act 1999 to enforce any term of these Terms and Conditions.
9.10 In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services,please contact us by email at email@example.com or by post to:
Serbian Ethnic Legacy Organization (SELO)
6085 Montrose Rd
Niagara Falls, Ontario L2H 1L4