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CultureConsultants.ca
– Terms of Use
Welcome to www.CultureConsultants.ca owned
and operated by the Association of Cultural Executives (“ACE”).
CultureConsultants.ca is a professional networking service that allows Members who
are professionally active in the cultural industries to create unique company
profiles online in order to promote their professional services, network with
other companies and professionals and search our directory of cultural services
companies, professionals, artists, arts and culture institutions and
organizations. The services offered by CultureConsultants.ca
(“CultureConsultants.ca” or “we” or “us”) include the CultureConsultant.ca
website (the “Website”), the CultureConsultant.ca Internet messaging service,
the CultureConsultant.ca directories, and any other features, content, or
applications offered from time to time by CultureConsultants.ca in connection
with the Website (collectively, the “Services”). The Services are hosted in Canada.
This Terms of
Use Agreement sets forth the legally binding terms for your use of the
Services. By using the Website and the Services you agree to be bound by this
Agreement, as updated and modified by CultureConsultants.ca from time to time,
whether you are a “Visitor” (which means you simply browse and search the
Website) or you are a “Member” (which means that you have registered with
CultureConsultants.ca to become a Member). The term “User” refers to a Visitor
or a Member. You are only authorized to use the Website and the Services if
you agree to abide by all applicable laws and to this Terms of Use Agreement
and to the CultureConsultants.ca Privacy Policy (as more fully described in the
section marked “Privacy Policy”) (collectively, the “Agreement”). In addition
to the forgoing, if you register to become a Member you also agree to be bound
by the CultureConsultants.ca Statement of Values, which is hereby incorporated
into the terms of this Agreement by reference, as such Statement of Values is
amended and updated from time to time. This Agreement includes
CultureConsultants.ca’s rules and policies for: acceptable use of the Website
and the Services and Content posted on the Website; your rights, obligations
and restrictions regarding your use of the Services; and the
CultureConsultants.ca Privacy Policy. Please read this Agreement, including
the Privacy Policy component, carefully and save it. If you do not agree with
it, you should leave the Website and discontinue your use of the Services
immediately. If you wish to become a Member and make use of the Services, you
must read this Agreement and indicate your acceptance by clicking “I AGREE”
during the registration process. In order to participate in certain
CultureConsultants.ca Services, you may be notified that you are required to
download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to
the CultureConsultants.ca Services, those additional terms are hereby
incorporated into this Agreement. CultureConsultants.ca may modify this
Agreement from time to time without notice and such modification shall be
effective upon posting by us on the Website. You agree to be bound to any
changes or modifications to this Agreement when you use the Website and the
Services after any such modification or change is posted. Therefore, it is
important that you review this Agreement regularly to ensure you are aware of
any updates or changes.
Password and Member Content:
When you become
a Member and commence using the Services, you will be asked to choose a
password and will be provided password protected access to your unique, company
profile. You will have an opportunity to create a CultureConsultants.ca
profile and post and upload certain information and other content about your
company and your services. Choose the information you post on the Website
carefully. You will have the opportunity to post your company name, your
company representative’s names, contact information such as business address,
business email, telephone and fax numbers. You will also have an opportunity
to post photographs of yourself, or images of your company logo or a still
photograph or video or audio clips of performances, products, productions or
other content that is important to identify, promote and describe your
company’s or your professional services in the cultural industries
(collectively “Member Content”). You acknowledge and agree that you are solely
responsible for the accuracy, completeness and currency of your Member
Content. For your own security, we strongly recommend that you do not post any
personal information, such as home telephone number or home address or other
personally identifiable confidential information other than names of company
representatives and information normally found on a business card, in your
company CultureConsultants.ca profile. Any Member Content posted on the
Website is subject to these Terms of Use and the Privacy Policy.
When you
register to become a Member, you will also be asked to choose a password. You
are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another Member. Any
disclosure by you of your password to third parties is made entirely at your
own risk. You agree to notify CultureConsultants.ca immediately if you suspect
any unauthorized use or modification of your account, CultureConsultants.ca
profile, or Member Content, which you agree are entirely your
responsibility.
Restrictions on Member Content:
We believe that
the Website and the Services offer an excellent opportunity to provide
information and content about your services and your company that will be of
great benefit to you, your company and the arts and culture industry at large.
However, there are restrictions to what Members are entitled to post and
include in their CultureConsultants.ca profile and/or Member Content. Your
CultureConsultants.ca profile or Member Content may not include any content or
information that is perceived by CultureConsultants.ca as being obscene, lewd,
excessively violent, harassing, sexually explicit, discriminatory or otherwise
illegal or objectionable in nature, as determined in the exclusive and complete
discretion of CultureConsultants.ca. CultureConsultants.ca reserves the right,
in its sole discretion, to reject, refuse to post or remove any posting by you,
or to restrict, suspend of terminate your access to all or any part of the
Website, including any Member Content, at any time, for any reason without
prior notice and without liability. You agree that CultureConsultants.ca has
the right to monitor the Website and the Services and your Member Content, but
CultureConsultants.ca nonetheless does not assume any responsibility for your
Member Content, for which you retain complete responsibility.
CultureConsultants.ca does not endorse any Member Content nor does it
necessarily reflect the views and opinions of CultureConsultants.ca.
CultureConsultants.ca makes no warranties, express or implied, as to the Member
Content or to the accuracy or reliability of the Member Content or to any
material or information transmitted from one Member to another. From time to
time, some of our Members may include among the Member Content they post,
Requests for Proposals (“RFP”) for other Members to respond to. We encourage
Members to take advantage of the opportunity to both post and respond to RFP’s
as part of CultureConsultants.ca’s valuable services and role in the industry.
However, CultureConsulstants.ca does not necessarily endorse any RFP posted on
its services, by virtue of having allowed it to be posted. Further, any
individual or company responding to an RFP must respond directly to the Member
posting such RFP and CultureConsultants.ca shall not be held liable for any
error, misrepresentation and makes no warranties express or implied as to the
accuracy or reliability of any information included in the RFP.
Ownership of Content:
CultureConsultants.ca
does not claim any ownership rights in the text, files images, photos, videos,
sounds, musical works, works of authorship or any other materials comprising
the Member Content posted on this Website and in your CultureConsultants.ca
profile. After posting your Member Content, you continue to retain all of your
rights in such Member Content. Notwithstanding the forgoing, by posting any
Member Content on or through the Website or Services, you hereby grant
CultureConsultants a limited, revocable, non-exclusive, royalty free,
sub-licenseable license to use, modify, publish, exhibit, display, reproduce,
publicly perform, and distribute your Member Content solely on and through the
Website and the Services via the Internet in all territories of the world.
Without this license, CultureConsultants.ca would be unable to provide the
Services. This license will terminate upon termination of your Membership, by
either you or us, or at the time you remove your Member Content from your CultureConsultants.ca
profile on the Website. This license does not grant CultureConsultants.ca the
right to distribute your Member Content outside the Services and the Website.
You may not post, modify, distribute, or reproduce any copyrighted material, trademarks
or other proprietary information belonging to others, including without
limitation other Members, without obtaining prior written consent of the owner
of such proprietary rights.
The
CultureConsultants.ca’s Website and Services also contains content of
CultureConsultants.ca and ACE and third party sponsors and partners
(“CultureConsultants.ca Content”). The CultureConsultants.ca Content is
protected by copyright, trademark, patent, trade secret and other laws.
CultureConsultants.ca hereby grants Users a limited, revocable,
non-sublicensable license to reproduce and display the CultureConsultants.ca
Content solely for your use in connection with the viewing the Website and
using the Services and no other purpose whatsoever. Except for your Member
Content posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute or perform or sell any content, including without
limitation, the CultureConsultants.ca Content, appearing on the Website and
through the Services.
Representations and Warranties:
By using the
Website and the Services you represent and warrant that (a) all registration
information and all Member Content is truthful and accurate; (b) you will
maintain the accuracy of the registration and Member Content; (c) you are 18
years of age or older; (d) you and/or your company are actively involved in
carrying on business related to the cultural or arts industries; (e) your use
of the Website and the Services will not violate any law or regulation; (f) you
own all right, title and interest in and to the intellectual property rights,
including without limit, copyright, trademarks, trade names, publishing rights,
personality, publicity and promotional rights, or have acquired licenses in
such rights, in the Member Content necessary to post same on this Website
freely and without any payment or royalty being payable or due to you, your
company or any third parties; (g) exhibition of your Member Content on this
Website will not violate any law or any rights of third parties, including
without limitation, rights of privacy, copyright, trademark, publicity and
personality nor defame any person or entity. You agree to indemnify and save
harmless CultureConsultants.ca and ACE, their affiliated and related entities,
their officers, directors, employees and contractors, successors and assigns
and their respective officers, directors, employees and contractors, harmless
from any and all damages, legal actions or causes of action that may now or
hereinafter arise as a result of your use of the Website and your breach of
these Terms of Use and/or any representations and warranties.
CultureConsultants.ca - Privacy Policy
CultureConsultants.ca is
committed to respecting the privacy concerns of the Users of the Website and
Member Services. CultureConsultants.ca has created this privacy policy (the
“Policy”) to establish guidelines that will govern the collection, use,
protection and disclosure of the personal and non-personal information of its
Users.
CultureConsultants.ca collects
three kinds of information from this Website: (1) your voluntarily provided
personal information; (2) anonymous non-personal information; and (3) “cookie”
based information.
Personal Information:
CultureConsultants.ca does not
automatically collect personal information, such as name, address, phone
number, email address and other personally identifiable information, from its
Users (“Personal Information”) to the Website. From time to time,
CultureConsultants.ca will collect Personal Information that is voluntarily
provided by its Users in the process of registering to become a Member and
subscribing to newsletters and other activities carried out on the Website and
provided within the Services. In order to register to become a Member and enjoy
the Services, Users are required to provide certain Personal Information in the
registration process. CultureConsultants.ca collects the Personal Information
for the purpose of contacting Members directly via email and telephone as part
of the Services. CultureConsultants.ca will only collect and use such Personal
Information solely for the purpose(s) disclosed by CultureConsultants.ca at the
time of collection and/or solely for the purpose of allowing Members to use the
Services, and only after the visitor has voluntarily agreed to such collection
and use, by clicking “I agree” on the online registration form or in writing if
entering via faxed or mailed form. CultureConsultants.ca also sometimes uses
email addresses that have been voluntarily provided by its Users to respond to
Users who communicate with us, or to subscribe to newsletters. Users can
discontinue such communication at any time, including their registration as a
Member, by sending an email from their subscribed account to unsubscribe@CultureConsultants.ca
or by sending details of their account in a request to contact@CultureConsultants.ca.ca. Email
addresses from Users who wish to discontinue receipt of CultureConsultants.ca’s
emails will be removed from CultureConsultants.ca’s distribution list and
databases. All Personal Information that may identify a visitor and has been
collected with the visitor’s consent by CultureConsultants.ca, (other than the
Member Content that appears in your CultureConsultants.ca profile and was
voluntarily provided by you after agreeing to the Terms of Use and this Privacy
Policy) is not disclosed in any identifiable form to any other party outside
the company except for CultureConsultants.ca’s partners in the managing the
Website and providing the Services and only for the fulfillment of the specific
purpose identified to the User at the time of collection. However,
CultureConsultants.ca may disclose such information in anonymous, aggregated
and non-personally identifiable form to other parties for marketing,
advertising, promotion or other purposes and to better understand visitor’s use
of the Website and the Services. At any time, a User may send an email to contact@CultureConsultants.ca
to request that Personal Information be changed, removed or updated in
CultureConsultants.ca’s databases.
Users should exercise caution
when they disclose personally identifiable information on bulletin boards,
forums or chat rooms on this Website or any other website. Such areas are
accessible by anyone with access to the Internet and may result in the User
receiving unsolicited messages from other people and/or companies. Although
CultureConsultants.ca is committed to protecting the Personal Information
provided to it by its Users in compliance with this Privacy Policy, it cannot
guarantee the security of any information, whether personal or otherwise, that
Users voluntarily disclose online to publicly accessible bulletin boards,
forums or chat rooms. In addition to the forgoing, Users should satisfy
themselves of the adequacy of the privacy policy of any and all companies who
post Requests for Proposals (RFP) on our services, before submitting
information in response. Any organization, whether a Member or not, that posts
RFPs on our services, are required to have their own privacy policy and should
not be construed as being included under the CultureConsultants.ca Privacy Policy.
CultureConsultants.ca shall not be held liable for any non-authorized use or
disclosure of personally identifiable information disclosed by any Users of its
services to third parties in response to RFPs posted on this Website.
Anonymous Non-Personal Information:
When Users visit the Website,
anonymous, non-personal information about their visit is automatically
collected. Such information may include the length and date of the visit, how
the User navigated the Website, what pages the visitor viewed, the type of
browser being used by the User, the type of operating system used by the User
and the domain name of the User’s Internet service provider.
CultureConsultants.ca uses this anonymous non-personal information to track the
success of its Website with its Users and to better tailor the Website to
Users’ needs and interests. This anonymous non-personal information may be
shared with other parties, such as advertisers, sponsors and partners.
Cookie-based Information:
CultureConsultants.ca may use cookies
on its Website and related websites forming part of the Services. “Cookies” are
pieces of information that a website transfers to a visitor’s hard drive for
record keeping and identification purposes. Cookies are used to make the
visitor’s use of a website easier by saving visitor preferences and passwords
and to identify which areas of a website are popular and which areas need
improvement and how to target certain advertising to its Users.
CultureConsultants.ca does not use cookies to collect personally identifiable
information except in connection with a password protected online registration
for a contest or newsletter or other service and only with the visitor’s
informed consent. Users may visit the Website with its cookies turned off to
avoid the collection of Cookie-based Information.
Protection of Users’ Personal Information:
CultureConsultants.ca protects
the Personal Information it collects with appropriate technological, physical
and administrative safeguards to protect it from unauthorized disclosure or
use. Access to Personal Information collected by CultureConsultants.ca is
limited to authorized individuals and stored on its databases, which are
protected by firewalls and are password-secured. CultureConsultants.ca retains
the Personal Information only for as long as is required for the purposes
identified at the time of its collection and consented to by the visitor
providing it or as otherwise required by law. Information provided by you as
Member Content for your CultureConsultants.ca profile will be deleted after the
termination of your membership or request to delete such Member Content. Your
personal information provided at the time of registering to become a Member
will be deleted from our databases at the time of the termination of your
membership or upon your request, unless you have opted in receive emails and
newsletters from CultureConsultants.ca after termination of your membership.
Once Personal Information is no longer necessary for the purposes consented to
by the User, it is CultureConsultants.ca’s practice to delete it from its
databases or systems or make it anonymous.
Linked Websites:
This Website may be linked to
websites that are not under the control of CultureConsultants.ca and are
required to have their own privacy policies. Users should ensure that they read
and understand how their Personal Information may be collected, used, and
disclosed by any websites linked to the Website, as CultureConsultants.ca is
not responsible for and shall not be held liable for any procedures, policies
or activities of any websites linked to the Website unless such linked websites
are under the direct control and ownership of CultureConsultants.ca or ACE.
Users should ensure they inform themselves of the privacy policies of any websites
they visit and the User hereby acknowledges that he/she uses any websites
linked to the Website and any websites forming the Services entirely at his/her
own risk.
User’s Consent to Privacy
Policy:
By visiting and using this
Website and/or using the Services or clicking on “I Agree” in the registration
process to become a Member, the User agrees to the Privacy Policy and the terms
of use (“Terms of Use”) linked to this Privacy Policy. If you do not agree to
the Privacy Policy do not use this Website or the Services or provide Personal
Information to CultureConsultants.ca. If you wish to amend, update or remove
the Personal Information already provided, contact@CultureConsultants.ca.ca.
Accountability:
CultureConsultants.ca
takes its commitment to securing privacy very seriously. From time to time,
CultureConsultants.ca may amend or update this Privacy Policy to comply with
User concerns, best practices and/or the law. CultureConsultants.ca has
appointed a member of its management team to act as CultureConsultants.ca’s
Privacy Officer and who is responsible for reviewing, approving and
administering this Privacy Policy and CultureConsultants.ca’s commitments
hereunder. If you have any questions, concerns or comments, feel free to
contact the Privacy Officer at contact@CultureConsultants.ca.ca
or by telephone at 519 888-4567 ext6119 or in writing at:
Privacy Officer
CultureConsultants.ca, the Association of Cultural Executives
c/o Centre for Cultural Management, University of Waterloo, Hagey Hall #144
Waterloo, ON
N2L 3G1
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