Terms of Use

Updated December 17, 2013

Arts Health Network Canada (AHNC) is a not-for-profit society incorporated under the laws of Canada.

AHNC provides this Internet site, www.artshealthnetwork.ca (the “Site”) and related services subject to your acceptance and compliance with the terms and conditions of use set forth below (the “Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using this Site, you have agreed to and accepted and agree to be bound by these Terms and Conditions. AHNC may make changes and update these Terms and Conditions at any time. Please check these Terms and Conditions periodically, because your continued use of the Site will mean you accept those changes and updates. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR ANY OF ITS CONTENTS AND MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE.

1.0 Policies

1.1 You represent and warrant that: (i) your use of the AHNC website will not violate any applicable law or regulation; and (ii) you have the capacity to enter into a legal agreement in the province, state or country in which you reside.

1.2 The AHNC website includes public areas, registered member-only areas and restricted community areas. Access to the public areas of AHNC website requires your acceptance of this Agreement without qualification as signified by your use. If you do not agree with any term or condition of this Agreement, do not use the AHNC website. To access the members-only and restricted community areas of the AHNC website you are required to: (i) register with AHNC; and (ii) confirm your acceptance of these Terms of Use by completing the registration process and logging in by entering your username and password. If you disagree with any term or condition of this Agreement, do NOT complete the registration process, do NOT attempt to log in, discontinue using the website and instruct AHNC to disable any password assigned to you. To access any restricted areas, you must be able to access the members-only area of the website and be one of the individuals for whom the restricted area was created or be invited by that group to access their community. You may be required to additional terms and conditions of the community as well.

1.3 To register with AHNC and the website, please complete the online registration form. Upon successfully registering, you will create a username and a password that you can use to access the members-only area of the website. In registering you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it current.

1.4 You are fully responsible for all activities conducted under your username and password. You must ensure that no unauthorized access to the website is obtained through your username and password and take all necessary steps to keep them confidential. You shall inform AHNC immediately if you have any reason to believe that your password has become known to or been used by any other person.

1.5 AHNC may change your username or password at any time, for security reasons, and will notify you when it does so.

1.6 AHNC reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the website without prior notice and without liability.

2.0 Privacy

2.1 You have read the Privacy Policy and consent to the use of your personal information as described therein.

2.2 Subject to the Privacy Policy, AHNC reserves the right to access, use, disclose and destroy all registration data or other data relating to how users and members use the website.

2.3 AHNC reserves the right to communicate with you regarding your use of the website. You consent to AHNC use of any contact information that you provide to AHNC in doing so.

3.0 Use of AHNC Website

3.1 You may use the AHNC website only in a manner that respects other users and AHNC.

3.2 You agree that you will not use AHNC to:

  • collect or store information about any individual, user or member for unlawful purposes;
  • sell, rent or lease user or member information to third parties without the explicit consent of all parties involved;
  • impersonate any person or entity, including, but not limited to, an AHNC official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • either directly or indirectly transmit any unsolicited bulk email or unsolicited commercial email; interfere with, disrupt or damage AHNC or servers or networks connected to AHNC, or disobey any requirements, procedures, policies or regulations of networks connected to AHNC;
  • intentionally or unintentionally violate any applicable local, provincial, state, national or international law, and any regulations having the force of law; or access AHNC after your account or access has been suspended or terminated by AHNC.

3.3 AHNC may use filtering technology or other measures in its efforts to stop unsolicited bulk email and unsolicited commercial email. If your use of AHNC includes email or messaging services, then such filtering technology or other measures may block, either temporarily or permanently, some message sent to you through AHNC. AHNC assumes no responsibility for the blocking of such transmissions.

3.4 You agree not to use any crawler, spider, bot or other program that simulates human activity to automatically extract any Content (see definition in Section 4.1) accessible on or via AHNC.

4.0 Content

4.1 You acknowledge and agree that all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other material (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AHNC, are fully responsible for all Content that you post, transmit or otherwise make available on or via AHNC’s website. You represent, warrant and covenant that you have now and that you will continue to have all necessary rights and authority to grant any licenses in or to such Content and that such Content will not infringe any proprietary right of any third party.

4.2 The Content included in any alert or other communication from AHNC to you is deemed Content available on AHNC website.

4.3 Any content you post, transmit or otherwise make available in public areas on the website are unprotected. However, any Content that you post, transmit or otherwise make available on or via the AHNC website that contains personally identifiable information will be used in accordance with AHNC Privacy Policy.

4.4 AHNC reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on AHNC ’s website at any time, without notice and without liability.

4.5 It is recommended you maintain back-up copies of any Content that you make available or accessible through AHNC ’s website. AHNC will not provide you with a copy of that Content in any event including, but not limited to, its deletion by AHNC or the suspension or termination of your right to access the portion of AHNC’s website where it was posted. AHNC is not responsible for Content that is lost or destroyed on AHNC.

4.6 AHNC does not control the Content that users, members or third parties post, transmit, or otherwise make available on or via the AHNC website or through any links available on AHNC. As such, AHNC does not guarantee the accuracy, integrity or quality of such Content. Before using or relying on any Content available on or via the AHNC website please take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.

4.7 AHNC does not pre-screen Content that users, members or third parties post, transmit or otherwise make available on or via AHNC’s website, although AHNC reserves the right to do so. AHNC does not guarantee that any screening that it opts to do will be done to your satisfaction or that any screening will be done at all. You acknowledge and agree that by using AHNC’s website, you may be exposed to Content that is offensive or otherwise objectionable to you.

4.8 Without limiting Sections 5 and 6 of these Terms of Use, under no circumstances will AHNC be liable in any way for and Content that users, members or third parties post, transmit or otherwise make available on or via AHNC’s website, including, but not limited to, any errors or omissions in any such Content, any misattribution of such Content, or any loss or damage of any kind incurred as a result of the use of such Content.

4.9 You agree that you will not use AHNC’s website to upload, post, email, otherwise transmit, or post links to any Content that:

  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
  • promotes illegal activity including, without limitation, the provision of instructions for illegal activity;
  • you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • infringes any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, trade secrets (“Rights”) of any party, or contributing to inducing or facilitating such infringement; or is offensive to the spirit and nature of AHNC or this Agreement.

4.10 Without first obtaining the written authorization of the owner of any Content made available on or via AHNC’s website, you agree not to: post such Content on any publicly available website or otherwise disseminate such Content otherwise than as permitted by law; or create derivative works based on such Content or any methodology apparent in it.

4.11 AHNC reserves the right to monitor some, all, or no areas of the website and any electronic messages or other communications made using or over AHNC’s website from time to time to verify adherence to this Agreement or any other rules, code of conduct or guidelines posted by AHNC or as required by law.

5.0 Warranties

5.1 AHNC’s website is provided as is, with no warranties or conditions whatsoever.

5.2 AHNC expressly disclaims all express, implied, and statutory warranties or conditions, including, without limitation, the warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement of rights and those arising through course of dealing, usage or trade.

5.3 Without limiting sections 5.1 and 5.2, AHNC does not warrant that the website:

  • will be available at all times;
  • will operate without errors;
  • will be accessible regardless of the hardware or software that you wish to employ to access it;
  • is absolutely secure, notwithstanding AHNC’s use of commercially reasonable efforts to secure it; or
  • is free from viruses or other harmful code, notwithstanding AHNC’s use of commercially reasonable efforts to identify and eliminate such code.

5.4 All exclusions of responsibility or liability set out in this Agreement are made to the fullest extent permitted by law.

5.5 Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability in this Agreement does not permit any such exclusion or limitation, AHNC’s total liability to you in connection with any breach of such a warranty shall be subject to Section 6.

6.0 Limitation of Liability

6.1 In no event shall AHNC, its representatives or suppliers, be liable for any special, incidental, consequential, exemplary or indirect damages resulting from or arising in connection with AHNC’s website or this Agreement, including without limitation, loss of revenues, the incapacity to reach an objective, or the loss of data or of computer time use, even if AHNC has been advised of the possibility of such damages by you or any other person.

6.2 In no event shall AHNC be liable to you or any person on account of you or that person’s use or misuse of and reliance on AHNC’s website or the content or materials accessible on or via the website.

6.3 In no event shall AHNC be liable to you or any person with respect to damages incurred by reason of any services or goods received through or advertised on AHNC’s website or received through any links provided by AHNC’s website.

6.4 Without limiting Sections 6.1, 6.2 and 6.3, the limit on the total cumulative liability of AHNC (including its representatives and suppliers to you or any person, for any claims arising out of or related to the website or these Terms of Use shall not in any event exceed the greater of the following amounts: (i) the amount paid by you to AHNC, if any, for access to AHNC’s website for one (1) month; and (ii) $10.00 Canadian.

6.5 The limitations in Sections 6.1, 6.2, 6.3 and 6.4 shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy in this Agreement.

6.6 Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation AHNC’s liability to you in connection with any incidental, special or consequential damages shall be limited by Section 6.4

6.7 You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or related to, your use of AHNC’s website must be filed within one (1) year after such claim or cause arises, or be permanently barred.

7.0 Intellectual Property Rights

7.1 Except as expressly provided, you are not granted any Rights in or to the Content available on or via AHNC’s website. All such Rights remain with AHNC (including its representatives and suppliers) and the copyright owners.

7.2 You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of the AHNC website.

7.3 It is the policy of AHNC to investigate and respond to claims of intellectual property infringement.

7.4 To the extent that any jurisdiction applicable to this Agreement has a notice and take–down scheme like the one set out in the United States’ Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, AHNC will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. AHNC may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although AHNC makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, AHNC will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before AHNC replaces or restores access to any material as a result of any counter notification.

Notices of claimed infringement should be directed to:

Arts Health Network Canada 
2000 – 1188 West Georgia Street
 Vancouver, B.C. V6E 4A2 
Canada 
T: 1-877-352-3670 
Email: admin@artshealthnetwork.ca

Please put “Notice of Infringement” in any subject line of any such notifications and include in each such notice a reasonable description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.

8.0 Indemnity and Release

8.1 You agree to indemnify AHNC (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or relating to your use or misuse of the website, or from any person’s use of any account or password you maintain for any areas of AHNC’s website, regardless of whether such use is authorized by you, or from any breach of any of the representations, warranties or agreements made by you hereunder. You are hereby agreeing to release AHNC and its representatives and suppliers from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to AHNC. You hereby agree to waive all laws that may limit the efficacy of such releases.

9.0 Changes

9.1 AHNC reserves the right to modify these Terms of Use from time to time, for any reason. When such changes occur, you will see the date when these Terms of Use were last updated appear at the top of this document. Please review the Terms of Use from time to time so you will be apprised of any such changes. After any change to these Terms of Use AHNC may, but is not obliged to, ask you to actively confirm your consent to the revised Terms of Use. If AHNC does not do so but you continue to use AHNC’s website after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms of Use. If you do not agree with the revised Terms of Use without qualification, discontinue using the AHNC website and, if applicable, instruct AHNC to disable any password assigned to you.

9.2 AHNC reserves the right, in its sole discretion, to change or modify the AHNC website from time to time including but not limited to adding or removing functionality or features or changing its name.

10.0 Violations of Terms of Use

10.1 Should you violate these Terms of Use or any other rights of AHNC, AHNC reserves the right to pursue any and all legal action and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the website, with or without prior notice, and without liability.

10.2 If you are aware of any violations of these Terms of Use, please report them to:

Arts Health Network Canada  
2000 – 1188 West Georgia Street
 Vancouver, B.C. V6E 4A2
 Canada
 T: 1-877-352-3670 
Email: admin@artshealthnetwork.ca

11.0 General Provisions

11.1 Entire Agreement. These Terms of Use, including all documents incorporated herein by reference, constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

11.2 Severability. Should any provision of this Agreement be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

11.3 Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision in this Agreement. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing and signed by the party waiving enforcement.

11.4 Assignment. AHNC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of AHNC.

11.5 Independent Contractor. AHNC and you are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between AHNC and you. Neither AHNC nor you will have the power to bind the other to incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Terms of Use.

11.6 Governing Law. These Terms of Use will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without reference to conflict of laws provisions. You agree to attorn to the sole and exclusive jurisdiction of the courts of the Province of British Columbia for the conduct of any legal proceedings under, or related to, this Agreement.

11.7 Term and Termination. This Agreement shall continue in effect for as long as you use AHNC’s website, unless specifically terminated earlier by AHNC. All provisions of this Agreement that impose obligations continuing in their nature shall survive termination or expiration of this Agreement.

11.8 Notices. Any notice or other significant communication given to you pursuant to this Agreement shall be in writing, addressed to any email address or address that you provided AHNC when registering and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to AHNC pursuant to this Agreement shall be in writing and sent to AHNC at the address listed on AHNC’s website in the Contact Us section, by nationally recognized courier.

11.9 Titles. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Thank you for taking the time to read these Terms of Use.

By completing the Registration process, you are affirmatively stating that you have read and understand the terms set forth in these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use in their entirety, do not complete the registration process and discontinue any use of AHNC’s website.