Haida Gwaii Museum Website Terms of Use

Our Terms of Use Agreement was last updated on June 17, 2024

1. Acceptance of Terms

Welcome to https://haidagwaiimuseum.ca/  ( the “Platform”), a website by the Haida Gwaii Museum doing business as the Haida Gwaii Museum Society. Throughout the Platform, the terms “we”, “us” and “our” means the Haida Gwaii Museum and “you” and “your” mean you, the individual accessing the Platform.  By accessing or using our Platform, you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please refrain from using our Platform.

2. Intellectual Property

2.1 Ownership of Platform: We own or license all content and materials on the Platform, including text, images, logos, and trademarks, except for any third-party content explicitly noted (“Content”).

2.2 Copyright Infringement Claims: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with the following information:

• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Platform.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your electronic or physical signature.

3. Use of the Platform

3.1 Permitted Uses:  Subject to your compliance with these Terms, we grant you a limited, non-exclusive license to (i) access the Site, and (ii) use, download, print and/or save Content for non-commercial, educational and personal use, and for any other purpose that would qualify as “fair dealing” under the Canadian Copyright Act, provided that the Content is not modified and that all copyright, trademark and other proprietary rights notices contained in or on the Content are retained.  Any other use of the Site or of any Content without our prior consent is prohibited.

Certain Content may be the property of third parties. You acknowledge that we supply this Content to you as a service subject to these Terms and to any additional terms and conditions required by the third-party owners.

All rights not expressly granted by us are expressly reserved. Nothing contained in these Terms shall be construed as a grant by the us or by a third party owner of any proprietary rights in any Content or related materials.

4. User Conduct

4.1 Prohibited Activities: You agree not to engage in any activities that may harm, disrupt, or interfere with the Platform, including but not limited to:

(i) engaging in conduct that would constitute a criminal or quasi-criminal offence, give rise to civil liability, or violate any applicable local, provincial, federal, or international law or accepted Internet protocol;

(ii) posting or uploading inaccurate, incomplete, false, or libelous information;

(iii) communicating, transmitting, uploading, or posting material protected by copyright, trademark, or trade secret, or which infringes upon the intellectual property rights of any other party, unless permission has first been obtained;

(iv) communicating, transmitting, uploading, or posting material that infringes the privacy rights of any other party, unless permission has first been obtained;

(v) communicating, transmitting, uploading, or posting material that is obscene, vulgar, abusive, defamatory, threatening, racist, sexist, or otherwise objectionable;

(vi) attempting to interfere with the Platform’s data, network, or network security;

(vii) advertising, soliciting, or promoting the sale or distribution of products or services;

(viii) using or attempting to use the Platform to gain unauthorized access to any other party’s data or network; or

(ix) otherwise using the Platform in a manner that could, in the Platform’s opinion, adversely affect the ability of other users to use the Platform or the Internet, including the posting or transmitting of information or data containing worms, viruses, Trojan horses, or other disruptive components.

5. Privacy and Data Protection

5.1 Data Collection: Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Platform, you consent to our data practices as outlined in the Privacy Policy.

6. Third-Party Links

Our Platform may contain links to third-party websites, including the donate link on the following page: (https://haidagwaiimuseum.ca/support-the-museum/). We have no control over the content of these third-party sites and do not endorse, recommend, or approve any third-party sites or their content. We are not responsible for the accuracy, legality, or appropriateness of any content, advertising, products, services, or other materials on or available from third-party sites. You acknowledge and agree that we shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available on or through any third-party sites.

7. Disclaimers and Liability

7.1 Disclaimer of Warranties: The Platform is provided “as is” and “as available” without any warranties, express or implied. We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free. We may, but are under no obligation to monitor the Platform and assume no liability or responsibility for any unauthorized modifications to the Platform or for any information posted, uploaded or otherwise added to the Site by any party other than us.

7.2 Assumption of Risk and Limitation of Liability: You expressly agree that your use of, or inability to use, the Platform is at your sole risk. We shall not be liable for any direct, indirect, incidental, consequential, or punitive losses or damages arising out of your use of the Platform.

7.3 Indemnity: You agree to indemnify, defend, and hold harmless the Haida Gwaii Museum, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of the Platform.

8. Changes to Terms

We may update these Terms from time to time. By continuing to use the Platform after the effective date of the updated Terms, you agree to be bound by the revised Terms.

9. Dispute Resolution and Governing Law

The Platform is controlled and operated in the Province of British Columbia, Canada, although information may be stored on servers in other jurisdictions within Canada.  You agree to comply with all applicable laws, rules and regulations governing your use of the Site and that these Terms are governed by the laws of British Columbia, Canada. Any disputes under these Terms shall first be resolved by the parties involved, then through mediation, and, if not resolved, ultimately by arbitration in accordance with the laws of British Columbia, Canada.

Contact Information:

For any questions about these Terms, please contact us:

• By visiting this page on Our website: https://haidagwaiimuseum.ca/.
• By sending us an email: adminassistant@haidagwaiimuseum.ca .