Terms of Use of taichimastermoy.org
Last revision: March 1, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms of Use govern and apply to your use of or reliance upon this website maintained by Taichimastermoy.org (the “Company”).
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms of Use and any other applicable laws, statutes and/or regulations. We may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms of Use.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
3. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
4. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
5. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Taichimastermoy.org.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
6. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
7. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
8. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
9. INDEMNIFICATION
You defend and indemnify Taichimastermoy.org and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms of Use, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
10. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
11. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
12. VARIATION
To the extent any part or sub-part of these Terms of Use is held ineffective or invalid by any court of law, the prior, effective version of these Terms of Use be considered enforceable and valid to the fullest extent.
13. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
14. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms of Use. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
15. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
16. PRIVACY
a) Collected personal data, processed personal data and data collection
In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:
- Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is collected;
- Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms of Use;
- Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;
- Storage of personal data limited in time personal data is stored for a limited period, of which you are informed;
- Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.
In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:
- You have given your consent to the processing of your personal data;
- Processing is necessary for compliance with a legal obligation;
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Our Website collects the following personal data:
Name
Email Address
This personal data is collected when you perform one the following actions:
Registration to the website, once this feature is available.
Using one of the Website forms to submit a comment or information to the Website administrators.
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: no longer than 6 months on the Website’s email server, indefinitely on the Directory list, or until the information has date-expired on the Event lists, unless you ask for the deletion of your personal data before the expiry of this period.
Collection and data processing achieve the following purpose:
For the purpose of communicating by email with the Website user, and for providing a contact name and address for Directory and Event information items.
b) Data Hosting
The Website is hosted by: WordPress.com, headquartered at the following address:
Automattic Inc. 60 29th Street #343 San Francisco, CA 94110
The host may be contacted at the following email address: legal@wordpress.com.
Personal data collected and processed by the Website are hosted and processed in Canada. This transfer of personal data outside of the European Union is justified by the fact that this is where our headquarters or principal address is located.
c) Controller
The controller is: Taichimastermoy.org
d) Personal data of minors
In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.
e) Rights and procedures for the implementation of your rights
In accordance with the regulation regarding the processing of personal data, you have the rights listed below.
In order for the controller to grant your request, you have to provide your full name, your email address and, if relevant, your personal account number.
The controller shall answer you within thirty (30) days.
I. Rights of access, right of rectification and right to erasure
You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:
Send request by email to taichimastermoy@gmail.com
If you have a personal account, you may request the deletion of your personal account by following the procedure below:
Send request by email to taichimastermoy@gmail.com.
II. Right to data portability
You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:
Since the only personal information stored on our Website’s email server is name and email address, we will delete this information upon request.
III. Right to restriction of processing and right to object
You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such requests without compelling legitimate grounds.
f) Obligations of the controller
The controller undertakes to protect collected personal data, not to transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.
The Website uses an SSL certificate to guarantee that information transfer transiting through the Website are secured.
In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data unless this requires disproportionate efforts.
In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.
17. COOKIES
a) Consent to our use of cookies
The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.
Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer.
b) Right to object to use of cookies by the Website
You may object to the use of cookies by altering the settings of your web browser. However, any loss of functionality may not be held against us.
c) Description of cookies used by the Website
The following cookies are used when you browse our website:
to be determined
18. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of taichimastermoy.org arising from your use of the Website is limited to the amount you paid to taichimastermoy.org in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.