Terms and conditions
These Terms and Conditions apply to: 48thHighlanders.ca and museum.48thHighlanders.ca
Last update: 8 December 2020
1. ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions state the terms and conditions under which you may access and use the website 48thHighlanders.ca (the “website”) that is owned and maintained by the 48th Highlanders Trusts (“us” or “we”). By accessing and using the website, you are indicating your acceptance of, and agreement to be legally bound by, these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the website.
3. CHANGES TO THE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time by updating this posting. Use of this website after such changes are posted will signify your acceptance of the revised Terms and Conditions.
4. OWNERSHIP OF CONTENT
All materials displayed or otherwise accessible through the website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials (“content”) are, unless otherwise indicated, owned by us, the applicable licensors, or the party creditors as the provider of the content. Except as granted in the limited licence provided to you, any use of the content, including modification, transmission, presentation, distribution, republication, or other exploitation of the website or of any content, whether in whole or in part, is prohibited without our express prior written consent. Your use of the website or any content does not grant or transfer to you any ownership or other rights in the website or any content, and except as expressly provided, nothing in these Terms and Conditions or within the website or any content confers on you or any other person or entity any license to use any of our or any third party intellectual property or other rights. Any rights not expressly granted to you in these Terms and Conditions are expressly reserved. Information on the website may be or become incomplete, out of date, or inaccurate and may contain technical inaccuracies or typographical errors. We assume no responsibility for that information. We may revise the website, or revise or remove any content, at any time in our sole discretion.
5. LIMITED LICENCE
Subject to these Terms and Conditions, you are granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in any such content and provide us with appropriate credit. This limited license does not include any rights that are not specifically enumerated. Your limited license to use the website and the content is automatically revoked in the event that your right to access the website or content is terminated in accordance with these Terms and Conditions. You agree that you will not use the website or any content for any purpose that is unlawful and that you are solely responsible for your use of any content.
7. LIMITATION OF LIABILITY
Subject to applicable law, in no event shall we or any of our members, employees, consultants, representatives, officers, directors, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, arising from your use of, reliance upon, or inability to use the website or the content, regardless of the cause. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages.
8. DISCLAIMER OF WARRANTIES
You acknowledge and agree that you are using the website and the content, if applicable, at your own risk and liability. Subject to applicable law, the website and the content is provided entirely on an “as is” and “as available”, without warranty or condition of any kind, either express or implied. We expressly disclaims all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, or non-infringement in respect to the website and the content, to the fullest extent permissible under applicable law. No representations or warranties are made by us regarding the website or the content including, without limitation, no representation or warranty that (a) the website or the content will be compatible with your computer, mobile or other device and/or software; (b) the website or the content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (c) that the operation of the website will be uninterrupted or error-free, (b) that defects or errors in the website or the content will be corrected, (e) that the website or the content will be free from viruses, Trojan horses, malware, worms or other harmful components, or (f) that communications to or from the website will be secure and/or not intercepted.
To the fullest extent permissible under applicable law, you hereby agree to release us and our members, employees, consultants, representatives, officers, directors, agents, or licensors from any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the website and the content.
10. SECURITY AND CONFIDENTIALITY
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We cannot guarantee security of any communication to or from the website. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the website. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. We not assume any responsibility or risk for your use of the internet.
Any passwords and user ID’s used for a website are for individual business use only. You will be responsible for the security of your password and user ID (if any). We are entitled to monitor your password and user ID and, at our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account. You agree not to disclose your password or user ID to any other person and we will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password or user ID. We cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
The 48th Highlanders of Canada badge and other images used on the website are trade-marks of the Government of Canada. Any use of such trade-marks without the express written consent of the applicable owner is prohibited. Nothing contained in these Terms and Conditions or on the website should be construed as granting, by implication, estoppel, or otherwise, any license to use any trade-mark(s).
13. INTELLECTUAL PROPERTY CONCERNS
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to report any alleged copyright or trade-mark infringements taking place on or through the website by providing a written notice with the following information:
- Identification of the copyrighted work or trade-mark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit us to locate it.
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law.
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf.
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
The notice should be sent to us at:
48th Highlanders Trust, 130 Queen Street East, Toronto, ON M5H 2N5
14. GOVERNING LAW AND JURISDICTION
Subject to applicable law, by accessing or using a website, you agree that all matters relating to your access to, or use of, such website and the content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles, and you agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the website.
We may, in our sole discretion, cancel or terminate your right to use the websites or any content, at any time without notice. In the event of termination, you are no longer authorized to access the website or content affected by such cancellation or termination.
These Terms and Conditions constitute the entire agreement between you and us relating to your access and use of the websites and the content. If any term or provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations under these Terms and Conditions. We will not be considered to have waived any of our rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by us.