Terms of use
ASSOCIATION FOR NATIVE DEVELOPMENT IN THE PERFORMING AND VISUAL ARTS “INDIGENOUS ARTS NETWORK” WEB SITE (the “Site”)
Terms of Use
This Site is owned and operated by the Association for Native Development in the Performing and Visual Arts (“ANDPVA”). ANDPVA owns and operates a second web site as its home site (the “Home Site”) which has similar, but separate, terms and conditions. Please review those terms and conditions as well with respect to any use you may make of the Home Site. By accessing and using this Site, you agree without further formality to be legally bound by these Terms of Use, and you state that you understand and accept them fully.
The Site is an interactive atlas of where to find Indigenous artists across Canada which offer a rare opportunity to hear about the artist’s creative process. The art presented on IAN is represented by the Nine Circles designed by the Association for Native Development in the Performing and Visual Arts – ANDPVA, namely; theatre, writing, film and video, music, new media, dance, craft and design, visual art and communication. The interactive atlas is broken into seven regions across Canada; Regions British Columbia, Atlantic, Nunavut, Ontario, Prairies, Quebec, Territories (NWT & Yukon).
1. Modification of Terms of Use:
By using the Site, you are representing that you are at least eighteen (18) years old (or the minimum legal age in the jurisdiction in which you are viewing the Site, or otherwise are using the Site with the knowledge and permission of your parent or legal guardian). We may modify these Terms of Use at any time. Modifications will be posted at this location of the Site, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes therein. You should read these Terms of Use each time you access, and prior to using, the Site.
2. Use of Site:
You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
3. Online Conduct:
The following rules govern conduct by all users of the Site:
Personal Use Only:
Content on the Site may be used, displayed and/or printed solely for your personal, non-commercial use (except as may otherwise be specified from time-to-time). Subject to the “Permitted Uses for Educational Purposes” below, you may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of ANDPVA and/or the relevant owner of the relevant material. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
You agree to:
(a) Follow all local, state, provincial, national and international laws and regulations governing your jurisdiction.
(b) Comply with all intellectual property and other proprietary rights laws, including but not limited to federal and international copyright and trade-mark laws.
You agree not to:
(a) Tamper in any manner with any technical protection measures used on the Site.
(b) Use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead us and/or our users as to your identity.
© Republish information found in or on the Site without first obtaining written permission from ANDPVA and/or the party with the right to publish such information.
4. Termination of Access:
If you violate these Terms of Use, ANDPVA may, with or without prior warning, prevent your further access to the Site. In the event of a serious violation (as determined by ANDPVA, acting reasonably), including causing damage willfully to ANDPVA and/or third parties, ANDPVA may also seek appropriate legal remedies. ANDPVA reserves the right to cooperate with authorities regarding any suspected serious violation of these Terms of Use.
5. Offensive Content:
It is possible that other users or members may post or transmit explicit, offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. By using the Site, you assume the risk of such occurrences.
6. Commerce on the Site:
You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than ANDPVA are solely between the seller and you, and you acknowledge that ANDPVA and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.
7. Links:
The Site may contain links to other web sites or resources. ANDPVA is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.
8. Intellectual Property Generally:
ANDPVA Intellectual Property: The overall content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, digital downloads, data compilations, trade-marks, service marks and software, is the exclusive property of ANDPVA and/or its content providers and is protected by copyright, intellectual property and/or trade-mark laws.
Permitted Uses for Educational Purposes: To the extent that materials on the Site are clearly identified as educational resources, including teaching strategies, ideas for the classroom, activities and games, teachers may use, modify, reproduce and distribute material identified as such without requesting permission. Educational institutions, teachers and students (for educational, non-commercial purposes only, and without removing or altering any applicable technical protection measures) may reproduce, communicate by telecommunication, perform, publish, exhibit, crop, reverse, translate, archive and use any content on the Site. We request that specific artists be credited with their work(s).
9. Copyright:
ANDPVA respects the copyright of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
(a) An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
(b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
© Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material.
(d) Your name, address, telephone number and electronic mail address.
(e) 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.
(f) A statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the author’s behalf.
Send the notice to this address:
ANDPVA
601 Christie Street, Studio #171
Toronto, Ontario
M6G 4C7
10. Privacy:
See ANDPVA’s Privacy Policy for more information about how your information (including information that will not be publicly viewable) will and will not be used.
11. Representations & Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL 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.
WE MAKE NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ANDPVA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ANDPVA records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ANDPVA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ANDPVA AND/OR ITS SUBSIDIARIES AND AFFILIATES.
12. Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
13. Warning against Hackers:
It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Site, you assume the risk of such occurrences.
14. Miscellaneous Terms:
By accessing the Site, you agree that the laws of the Province of Ontario (and the federal laws of Canada applicable therein), without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ANDPVA or its affiliates. The agreement resulting from your acceptance of these Terms of Use is personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
Please direct questions regarding these Terms of Use to:
ANDPVA
601 Christie Street, Studio #171
Toronto, Ontario
M6G 4C7