Terms of Use

THIS AGREEMENT GOVERNS YOUR USE OF THE COLLECTION X WEBSITE (“Collection X” or the “Website”). Collection X is owned and operated by the Art Gallery of Ontario (the “Gallery”) on behalf of its Board of Trustees, staff, volunteers, agents and partners. Access and use of Collection X is provided by the Gallery for educational purposes, and is meant to be accessible to everyone. In this spirit of participation all users of the Website are required to adhere to the following terms and conditions (the "Terms of Use"), and by accessing or using Collection X you agree to the Terms of Use. If you do not agree to accept and abide by the Terms of Use, you should not access or use Collection X.

Visiting Users and Contributing Users of Collection X (collectively “Users”)

By accessing this Website users agree that:

  • Collection X is for use by the public and shall not be used for any commercial purposes;
  • Collection X shall not be used for any illegal or unauthorized purposes. International Users agree to comply with all local laws regarding online conduct and acceptable content;
  • Users shall not modify, adapt or hack into Collection X or modify any other website so as to falsely imply that it is associated with Collection X;
  • Collection X shall not be used to transmit any viruses and/or any code of a destructive nature; and
  • Notwithstanding compliance with the Terms of Use, some material found on Collection X, including User Content, may not be appropriate for some Users, including children. It is strongly recommended that parents, guardians or educators preview the Website prior to allowing access to children.

Users with Registered Accounts on Collection X (“Contributing Users”)

Contributing Users agree that:

  • Contributing Users are responsible for keeping their password secure and are also responsible for any and all activity that occurs in connection with their user profile or account;
  • Contributing Users are responsible for any information, data, text, photos, audio, video and/or any other material ("User Content") they choose to submit, post and/or publish on the Website; and
  • Contributing Users must not submit, post and/or publish any User Content that, in the sole opinion of the Gallery, could be considered by it to be libellous, defamatory, obscene, pornographic, threatening, invasive, abusive, illegal or otherwise objectionable, or that would constitute and/or encourage a criminal offence, violate the rights of any party, including any party’s intellectual property rights, or that would subject the Gallery or its partners to any possible liability or violate any law;
  • Contributions must be in accordance with the Copyright Notice

use of Collection X by children

At all times, children 12 years of age or younger must use Collection X under the supervision of a parent, guardian or teacher who, in turn, is responsible for any User Content that they submit, post and/or publish.

monitoring and enforcement of Terms of Use

To ensure Collection X is a safe online experience for Users, the Gallery actively monitors new and existing User Content on the Website to determine compliance with the Terms of Use. While the Gallery is not responsible for User Content, it reserves the right in its sole, absolute and unrestricted discretion to edit or delete submissions that appear to violate the Terms of Use.

The Gallery also reserves the right to provide the IP address and/or other identifying information of Contributing Users to law enforcement in circumstances determined by the Gallery to be necessary.

modification, suspension or termination of Contributing Users’ accounts or Collection X

The Gallery reserves the right to modify, suspend or terminate a Contributing User’s account, or Collection X as a whole, at any time for any or no reason without notice in its sole, absolute and unrestricted discretion. In certain situations, the Gallery may also require Contributing Users to change their login username, password and/or other account details.

Contributing Users may cease to use their Collection X account at any time with the understanding that their User Content will continue to be subject to the Terms of Use until such time as the Website is terminated.

warranty, disclaimer, limitation of liability

You acknowledge that use of Collection X, and its content, is at your sole risk. Collection X is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of Collection X. Collection X is made available on an AS IS basis. There are no warranties or covenants of any kind, either expressed or implied, in respect to the use of the Website and its content. Neither the Gallery nor anyone else involved in creating, producing or delivering Collection X, or the content thereon, will be liable for any direct, indirect, incidental, special, punitive or consequential damages arising in respect of Collection X. In no event will the Gallery be liable in any amount for any breach of the Terms of Use. You also acknowledge that the provisions of this section will continue to apply even if you, as a Contributing User, cease to use your account.

indemnification

You indemnify the Gallery for any and all losses, liabilities, damages or expenses, including solicitor and client legal fees and expenses, relating to any claim, lawsuit or proceeding against the Gallery incurred in connection with: (a) any acts by you or your agents or materials or information, including User Content, submitted, posted and/or published by you in connection with Collection X; and (b) any violation by you of these Terms of Use.

internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

The Gallery shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any content from this Website. The Gallery recommends that you install appropriate anti-virus or other protective software.

governing law

You agree that the Terms of Use shall for all purposes be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of law rule or principle of such laws that might refer such interpretation or enforcement to the laws of another jurisdiction). Each party hereto irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or relating hereto.

revision of the Terms of Use

The Gallery may revise and update the Terms of Use at any time in response to changes in the law, policy or at the discretion of the Gallery.

acknowledgment

The Terms of Use, Privacy Policy and Copyright Notice on the Website represent the entire understanding between you and the Gallery regarding your relationship with Gallery and with respect to Collection X, and supersedes any prior statements or representations.

acceptance of the Terms of Use

By using the Website, you signify your assent to the Terms of Use as stated. Your continued use of the Website, following any revision to the Terms of Use, means you also assent to these changes.