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Edited by Ken Albrough
12/06/2011 11:32 AM
Huronia Foundation For the Arts/Cultural Connection Huronia (HFA/CCH)
Website Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING HFA/CCH SITE.
INTRODUCTION
Welcome to the Internet Site of the Huronia Foundation for the Arts and Cultural Connection Huronia. By using this site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular HFA/CCH service, all as may be modified by HFA/CCH from time to time in its sole discretion (collectively, the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use HFA/CCH site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of HFA/CCH site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
PRIVACY
For information on how user information is collected, used and disclosed by HFA/CCH in connection with your use of HFA/CCH site and any of the services, please consult our Privacy Policy.
REGISTRATION, ACCOUNTS and PASSWORDS
Certain Services and related features made available on HFA/CCH site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, 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: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on HFA/CCH site, and (b) all activities that occur under such password or account. Further, you agree to notify HFA/CCH of any unauthorized use of your password or account. HFA/CCH shall 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.
RESTRICTIONS ON USE OF MATERIALS
All material, information and content available on HFA/CCH site (collectively "Content"), including the manner in which such Content is presented, and the Services are: Copyright © HFA/CCH, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. HFA/CCH grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through HFA/CCH site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
TRADEMARKS
HFA/CCH and all associated designs and logos are trademarks of Huronia Foundation for the Arts and Cultural Connection Huronia under license. All other product, brand and company names and logos used or mentioned on a HFA/CCH site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a HFA/CCH site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
USER CONDUCT
In consideration of the availability, and your use, of HFA/CCH site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such HFA/CCH site or Service. You acknowledge that HFA/CCH 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 offense or give rise to civil liability, or otherwise use HFA/CCH 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 HFA/CCH site, any of the Services, or the Internet;
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
• 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 or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use HFA/CCH site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of HFA/CCH site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of HFA/CCH site may contain material that is inappropriate for minors.
FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board, forum or photograph submission available on HFA/CCH site (collectively "Submissions") or otherwise submitting any materials to us through any other content generating or submitting Service on HFA/CCH site, you automatically grant (or warrant that the owner of such materials expressly grants) HFA/CCH a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Submission or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material expressly grants) HFA/CCH a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to transmit, exploit, use, communicate, publicly display and perform, distribute and create compilations and derivative works from, such submitted materials in any manner, media or technology, including, but not limited to all forms wireless and online technology, now known or later developed.
If you are a minor, you must have permission from your parent or guardian to upload any materials to a Submission. HFA/CCH may request a parent's or guardian's email address from anyone who uploads any materials to a Submission for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
When participating in a Submission, 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. HFA/CCH cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Submission, 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 Submission. Use of a Submission for commercial purposes of any kind is strictly prohibited. Please note that HFA/CCH 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.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) HFA/CCH SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT HFA/CCH MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) HFA/CCH SPECIFICALLY MAKES NO WARRANTIES THAT HFA/CCH SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF HFA/CCHSITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
PROFESSIONAL INFORMATION DISCLAIMER
The HFA/CCH site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of HFA/CCH site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that HFA/CCH, including its suppliers, shall 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 use of, or reliance on, any such Professional Information.
FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by HFA/CCH through HFA/CCH site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by HFA/CCH; and (c) not necessarily reflective of the views or policy of HFA/CCH, including the publisher, contributors and staff of, and advertisers on, HFA/CCH site.
MONITORING
You acknowledge that HFA/CCH has no obligation to monitor HFA/CCH site or any content accessible through HFA/CCH site or any of the Services. However, you agree that HFA/CCH has the right to monitor a HFA/CCH site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate HFA/CCH site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.
MODIFICATIONS
HFA/CCH reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on HFA/CCH site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of HFA/CCH site and any of the Services immediately. Your continued use of HFA/CCH site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, HFA/CCH reserves the right to change, modify, suspend or discontinue any aspect of a HFA/CCH site, Services or Content from time to time without notice or liability and for any reason whatsoever.
DOWNLOADS AND SHAREWARE
The HFA/CCH site from time to time will allow you to forms of Content, including files, images and/or data incorporated therein (collectively, the "Downloads"). The Downloads is made available to you by HFA/CCH or third parties subject to the terms and conditions made available to you during the download installation process. Additionally, you agree that the Downloads is licensed to you by HFA/CCH or third parties for your personal and non-commercial use only provided that you do not modify the Downloads and that you maintain all copyright and other proprietary notices and that HFA/CCH or the designated third parties retain full and complete title to the Downloads and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Downloads to a human-readable form. You agree that it is your responsibility to review and evaluate the Downloads and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Downloads rests with you. You further agree that HFA/CCH, including its suppliers, shall 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 use of, or reliance on, the Downloads, including the failure of the Downloads to meet your needs, standards, expectations or specifications.
CONTENT LINKED TO HFA/CCH SITE
Please exercise discretion while browsing the Internet. Please note that certain links on HFA/CCH site may take you to other websites. HFA/CCH provides these links only as a convenience and not as an endorsement by HFA/CCH. These linked sites are not necessarily under the control of HFA/CCH. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. HFA/CCH is not responsible for the content of any such linked sites or any other web page which is not part of HFA/CCH site and under HFA/CCH’s control. Unless otherwise expressly provided, HFA/CCH makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that HFA/CCH will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a HFA/CCH site.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, HFA/CCH site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. HFA/CCH assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that HFA/CCH shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
SUBSCRIPTION/FEE BASED SERVICES
Certain of the Services made available on HFA/CCH site may be offered by HFA/CCH on a payment basis (a "Registration"). A Registration may be offered by HFA/CCH as a prepaid course registration or on a periodic membership ("Membership"). Should you choose to purchase a Registration, you will be required to register by visiting HFA/CCH and filling out a registration form, by downloading a registration form, filling it in and mailing it to Huronia Foundation for the Arts, P.O. Box 307, Midland, ON L4R4L1 with the appropriate amount in cheque form or telephoning HFA/CCH at 705-527-3644 and registering using VISA or Mastercard. You will be assigned an account for such Registration (the "Registration Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Registration you incur through your Registration Account. Unless otherwise indicated on the relevant Registration description page (the "Registration Process"), the Fees for a Registration purchased through your Registration Account are chargeable immediately (and at the beginning of each renewal period for periodic Membership) to the credit card you designated for the particular Registration Account or through such other billing process as applicable. HFA/CCH reserves the right to change the amount of, or basis for determining, any Fees for a Registration, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Registration.
Please note that Memberships renew automatically at the end of the relevant period as set out in the applicable Registration Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Registration. You may terminate your Membership at any time, which termination will only be effective at the end of your membership period.
By registering for Registration, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Registration Account.
In consideration of the availability, and your use, of a Registration, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Registration Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, and (d) that HFA/CCH reserves the right to suspend or terminate your Registration Account and your use of a Registration at any time, including without limitation, where HFA/CCH has determined, in its sole discretion, that your use of the Registration is, or was, in breach of these Terms and Conditions. Any such termination by HFA/CCH shall be in addition to and without prejudice to such rights and remedies as may be available to HFA/CCH, including injunction and other equitable remedies. Your ability to use the Registration is also subject to any limits established by HFA/CCH or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, HFA/CCH reserves the right to either suspend or terminate your Registration Account and your access to the Registration.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless HFA/CCH and each of their respective officers, board of directors, employees and agents, including all third parties mentioned on a HFA/CCH site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a HFA/CCH site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from HFA/CCH site or through any of the Services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HFA/CCH, INCLUDING ITS OFFICERS AND BOARD OF DIRECTORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER HFA/CCH HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF HFA/CCH SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO HFA/CCH SITE OR ANY OF THE SERVICES.
You expressly acknowledge that HFA/CCH has entered into this agreement, and has and will make HFA/CCH site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and HFA/CCH. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
HFA/CCH site and Services are controlled, operated and administered by HFA/CCH from its office within Canada. HFA/CCH makes no representation or warranty that HFA/CCH site or any of the Services are appropriate or available for use at any locations outside Canada. If you access HFA/CCH site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through HFA/CCH site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of HFA/CCH site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
You acknowledge and agree that HFA/CCH, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, HFA/CCH site or any of the Services, and remove and discard any information or content related to HFA/CCH site or any of the Services (and your use thereof), for any reason, including where HFA/CCH believes that you have violated any of these Terms and Conditions. You further agree that HFA/CCH shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with HFA/CCH site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of HFA/CCH in operating HFA/CCH site or any of the Services, your sole and exclusive remedy is to discontinue using HFA/CCH site or any of the Services.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
HFA/CCH is always improving its website and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO HFA/CCHBE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO HFA/CCH, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO HFA/CCH THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT HFA/CCH IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY HFA/CCH, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between HFA/CCH and you pertaining to your use of HFA/CCH site, Services and Content and supersede any prior agreements between you and HFA/CCH with respect to the subject matter hereof. HFA/CCH’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
12/06/2011 12:07 PM
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