PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE, A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND CANADA’S NATIONAL HISTORY SOCIETY (“Canada’s History”).
Certain of the Services and related material, software, information, data and other content made available on a Canada’s History site may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which you choose as a result of any registration or subscription on a Canada’s History Site; and
- all activities that occur under such password or account.
Further, you agree to notify Canada’s History of any unauthorized use of your password or account. Canada’s History will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
In consideration of the availability, and your use, of a Canada’s History site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such Canada’s History Site or Service. You acknowledge that Canada’s History may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Canada’s History Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a Canada’s History site, any of the Services, or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, or other harmful or disruptive component; and
- post, transmit, link to, or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a Canada’s History Site or any of the Services, you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor’s access to and use of a Canada’s History Site or any of the Services; and
- the consequences of any misuse by the minor.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Canada’s History and/or its affiliates and licensors is not responsible for the content or accuracy of any information, and not responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Canada’s History reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
With regard to any photograph submitted to Canada’s History, you, or the owner of copyright in the photograph, retain all copyright. By uploading or submitting any photograph to the Canada’s History, you grant (or warrant that the owner of such materials expressly grants) Canada’s History a non-exclusive right and license to use, copy, adapt, publicly display and perform, distribute and create derivative works from any such submitted photograph to Canada’s History. You represent and warrant that you have the right to grant the license set out above. This agreement exists only for as long as you continue to include photographs on the site and terminates at the time Canada’s History removes your content from the site.
WEB COPYRIGHT INFORMATION
The content and material displayed on this Internet site (including but not limited to the text, images, audio and/or video) and software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) are either the property of, or used with permission by, Canada’s History, and are also protected by Canadian and international copyright and trademark laws. All pages within this Internet site (“Site”) are the property of Canada’s History and/or its affiliates. The compilation (meaning the collection, arrangement and assembly) of all the Material and content on this Site is also the exclusive property of Canada’s History and protected by Canadian and international copyright laws. The use of any of the Material, in whole or in part, by you, or anyone else authorized by you, is prohibited unless specifically permitted by this User Agreement, or specific permission provided elsewhere on the Site. Any unauthorized use of the Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and may subject you to criminal penalties.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are pending, registered, or unregistered Trademarks of Canada’s History and others. You may NOT use Canada’s History’s trademarks, whether design or word marks, in a non-Canada’s History product name or publication title, in, as, or as part of your own trademarks, to identify products or services that are not Canada’s History’s. You may NOT use the Trademarks in any manner that is likely to cause confusion among customers, dilutes the Trademarks, or in any manner that disparages or discredits Canada’s History. You are also advised that Canada’s History will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Canada’s History or such third party that may own the Trademarks displayed on the Site.
If you “Bookmark” to a page on this Site whereby this User Agreement is by-passed, such action will constitute implicit acceptance of the terms and conditions contained in the User Agreement.
CHANGED PRODUCTS AND SERVICES
Canada’s History may at any time, and for any reason, in its sole discretion, terminate, change, suspend, or discontinue any aspect of the Site, including but not limited to the content, features, or hours of availability. Canada’s History may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
LINKS TO THIRD PARTY SITES
This Site contains links to other Internet sites (“Third Party Sites”) for your convenience only. Your linking to Third Party Sites and other sites is at your own risk and without the permission of Canada’s History. The services and or products provided by such Third Party Sites are independent of Canada’s History and are for your convenience only. Canada’s History does not endorse or recommend the services of any particular company or service, nor is Canada’s History responsible for any services or goods provided by such companies. Canada’s History shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site.
Any unsolicited communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Canada’s History or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Canada’s History is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Through your usage of this Site, you may submit and/or Canada’s History may gather certain limited information about you and your web site usage. Canada’s History is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
ACCESS FROM OUTSIDE CANADA
Canada’s History makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements (if any), are appropriate or available for use in locations other than Canada. Those who choose to access this Site from other locations outside of Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.
WARRANTY DISCLAIMER AND LIMITED LIABILITY
WHILE CANADA’S HISTORY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. THE SERVICES AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE.” CANADA’S HISTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR THE MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CANADA’S HISTORY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFICALLY STATED IN WRITING.
THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE CANADA’S HISTORY OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
CANADA’S HISTORY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, OR INJURY OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. CANADA’S HISTORY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR THE SERVER IS FREE FROM VIRUSES OR OTHER HARMFUL MATERIAL COMPONENTS. CANADA’S HISTORY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. USER (AND NOT CANADA’S HISTORY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER ACKNOWLEDGES AND AGREES THAT ALL RESPONSIBILITY OR LIABILITY FOR ANY AND ALL DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE IS DISCLAIMED. CANADA’S HISTORY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR 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 SITE (INCLUDING ANY BULLETIN BOARD) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
USER ALSO SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CANADA’S HISTORY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Irrespective of the above, in no event shall the total liability of Canada’s History, its subsidiaries and affiliates to you for and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this User Agreement and/or your use of the Site exceed, in the aggregate, One Hundred Canadian Dollars ($100). Please note that some provinces may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD CANADA’S HISTORY AND ITS AFFILIATES, LICENSORS, CONTENT AND SERVICE PROVIDERS, PARTICIPATING PUBLISHERS, AUTHORS, DEALERS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES AND EXPENSES BOTH PRE JUDGEMENT AND FOR POST JUDGEMENT ENFORCEMENT TO THE EXTENT PERMITTED BY APPLICABLE PROVINCIAL LAW, RELATED TO A USER’S VIOLATION OF THIS USER AGREEMENT AND/OR USE OF THIS SITE.
This Site (excluding Third Party Sites) is controlled by Canada’s History from its offices within the Province of Manitoba, CANADA. It can be accessed from all provinces and territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Manitoba, by accessing this Site both you and the Canada’s History agree that the statutes and laws of the Province of Manitoba, without regard to its conflicts of laws principles, will apply to all matters arising out of, or relating to, use of this Site and/or this User Agreement.
You agree that any action to enforce this User Agreement, or to resolve any dispute arising from or related to your visit to or use of this Site, or the information or content contained in this Site, will be submitted to final and binding arbitration before one arbitrator in Winnipeg, Manitoba in accordance with the procedural rules of the Arbitration and Mediation Institute of Canada and Manitoba law. Judgement on any award of the sole arbitrator may be entered in any court of competent jurisdiction.
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