Terms of Service

This agreement (the "Agreement") constitutes a legally binding agreement between you and The Canada Science and Technology Museums Corporation, a Canadian Crown corporation (the "Corporation"). By using the Platform (as defined below), you agree to the terms and conditions set out below. You also acknowledge and agree that you have read and understand the Corporation’s Privacy Policy available at capturecanada.ca/privacy (the "Privacy Policy"). The Privacy Policy, which applies to your use of the Platform, forms part of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT, AND YOU ARE NOT PERMITTED TO, USE THE PLATFORM.

The Corporation may make changes to this Agreement ("Changes") at any time. Changes will be effective immediately upon posting by the Corporation.

1. Definitions

"Content" means photographs, pictures, images, graphics and other digital files uploaded to the Platform.

"User" means a person who accesses the Platform.

"Website" means the Capture.Canada website located at www.capturecanada.ca.

"App" means the Capture.Canada mobile application.

"Platform" means, collectively, the Capture.Canada Website and App.

2. Overview

The Platform is intended to be a website and app where Users can upload Content, which Content can then be copied, edited, and used for any purpose by others, for free and without any permission being required.

You acknowledge that the Corporation is in no way responsible for approving, selecting, verifying, cleaning, editing, warranting or moderating the Content. The Content is provided on the Platform "as-is, where-is", without any representations or warranties whatsoever by the Corporation. Use of the Content in any way is at your own risk.

3. Use of the Platform by User

You must be at least 18 to use and access the Platform. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by the terms and conditions of this Agreement. You agree to comply with all applicable laws of the jurisdiction in which you are present while using the Platform.

By using the Platform, you agree that:

  1. You will only use the Platform for lawful purposes. You will not use the Platform for any illegal or fraudulent purposes and will not use it in relation to pornography, drug use, gambling or prostitution, or any other purpose that may reflect negatively on the Corporation.
  2. You will not use the Platform to send or store unlawful, infringing, obscene, threatening, or libelous material, including material harmful to children or violative of third party privacy rights.
  3. You will not impair the proper operation of the Platform, and will not launch any automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform.
  4. You will not: (i) send spam or otherwise duplicative unsolicited messages in violation of applicable laws; or (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
  5. You agree not to upload, post or transmit to or from the Platform: (i) any material or Content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent rights or other proprietary rights of any third party; (ii) any falsehoods or misrepresentations that could damage the Corporation, other Users or any third parties; (iii) any private information concerning another person, such as their address, phone number, email address, and similar information without their permission; (iv) anything which impersonates another person or represents yourself as affiliated with the Corporation; or (v) anything which solicits another User’s password or account information;
  6. You are solely responsible for all Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Content that you make available through the Platform and that you have all rights, licenses, consents and releases that are necessary, including waivers of moral rights, to waive, abandon and surrender all rights as contemplated under the terms of Creative Commons Zero and pursuant to Section 5 of this Agreement; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Corporation’s (or other Users) use of the Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will be solely liable for any damages resulting from your posting of Content to the Platform.

If you believe that any Content infringe any copyright that you own or control, please advise the Corporation immediately at capturecanada@ingeniumcanada.org.

You acknowledge that the Corporation has no obligation to monitor your access to or use of the Platform or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with this Agreement, or to comply with applicable law. The Corporation reserves the right, at any time and without prior notice, to remove or disable access to any Content, at its sole discretion.

You further acknowledge that the Corporation reserves the right, at any time and without prior notice, to elect to remove certain content, at its sole and unfettered discretion, without having to provide any justification or reason.

4. Trademark Policy

No licenses or rights are granted to you with respect to any trademark rights owned by the Corporation.

5. Permanent and Irrevocable Waiver by User

By uploading Content to the Platform, you agree to make, and are hereby making, the Content available to the Corporation and all Users under the terms of Creative Commons Zero, which means you dedicate your Content to the public domain, and permanently and irrevocably waive, abandon, and surrender your copyright in and to the Content, and you acknowledge that all Content may be viewed, used, reproduced, or modified by any persons, without any compensation or attribution to you. Please review the terms of Creative Commons Zero, which are incorporated into this Section 5 of this Agreement by reference. In the event of any disagreement between the terms of Creative Commons Zero and this Agreement, this Agreement shall govern.

By uploading Content to the Platform, you further represent and warrant that the Content is not subject to any third party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, and that it is free to be viewed, used, reproduced, or modified by any persons, without any compensation or attribution to any third party.

The Corporation takes no responsibility and assumes no liability for any Content posted or submitted by you. The Corporation has no obligation to post your Content and in its absolute discretion may remove or alter any Content. You hereby waive any moral rights you have or might have, now or in the future, with respect to Content uploaded by you to the platform.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT, AND YOU ARE NOT PERMITTED TO, USE THE PLATFORM OR UPLOAD ANY CONTENT TO THE PLATFORM.

6. Copyright Policy

The Corporation may, in its absolute discretion, terminate the account of any User who infringes or is believed to be infringing the rights of another person’s copyright or other intellectual property rights. The Corporation will forward any notices of alleged copyright infringement in any Content uploaded to the Platform to the User who uploaded the relevant Content.

If you believe that the copyright in a work belonging to you has been infringed on the Platform, please send a notice to the Corporation setting out the following information:

7. Intellectual Property Ownership in Feedback

The Corporation alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform (collectively "Feedback"). You are not required to provide any Feedback to the Corporation. To the extent you do provide any Feedback to the Corporation, you agree to assign and hereby do assign to the Corporation all right, title and interest in and to such Feedback and agree that the Corporation may freely utilize such Feedback without compensation to you.

8. Linked Sites

The Corporation does not endorse any sites on the Internet that are linked through the Platform, and in no event shall the Corporation be responsible for any statements, products, services or other materials on or available from such third party sites.

9. Indemnification

By entering into this Agreement and using the Platform, you agree that you shall defend, indemnify and hold the Corporation, its licensors, and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Platform.

The Corporation reserves the right, in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Even if the Corporation assumes the defence of a claim relating to your use of the Platform, you will remain responsible for the payment of the claim, and you will cooperate as fully as reasonably required in the defence of any such claim.

10. Disclaimer of Warranties

THE CORPORATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY CONTENT UPLOADED TO THE PLATFORM. THE CORPORATION DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA OR CONTENT WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE PLATFORM, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE CORPORATION. THE CORPORATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PLATFORM, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE PLATFORM. THE CORPORATION DOES NOT VERIFY THE OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS OF ANY CONTENT POSTED TO THE PLATFORM, NOR HOW ANY USER MAKES USE OF SUCH CONTENT, AND SHALL HAVE NO LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, THE CONTENT AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Internet Delays

THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE CORPORATION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF ANY NATURE RESULTING FROM SUCH PROBLEMS.

12. Limitation of Liability

WITHOUT LIMITING ANY OF THE FOREGOING, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE, OR ANY OTHER COMMUNICATION OR DOCUMENT, THE CORPORATION WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF THE CORPORATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, ANY CONTENT, COMMUNICATIONS TO AND FROM THE CORPORATION, OR ANY SOFTWARE, LINKED SITES, INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED VIA THE PLATFORM, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE) OR OTHERWISE.

SUCH LIMITATION OF LIABILITY APPLIES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PLATFORM, INABILITY TO USE THE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY PERSONAL INFORMATION PROVIDED BY YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, the Corporation will not be liable for any:

(1) delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond their reasonable control, including internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of Third Parties, or loss of or fluctuations in heat, light, or air conditioning, or

(2) delay, damage, loss or inconvenience to you or any other person that may incur in the event of unauthorized access to your account or your personal information as a result of your failing to keep your authentication information secure and confidential.

You may also be held liable for losses incurred by the Corporation or any other party caused as a result of your failing to keep your authentication information secure and confidential.

13. Notice

The Corporation may give notice by means of email to your email address on record in the Corporation’s account information. Such notice will be deemed to have been given immediately upon sending. You may address any complaint or concern to the Corporation to capturecanada@ingeniumcanada.org.

14. Assignment

This Agreement may not be assigned by you (whether in whole or in part). This Agreement may be assigned without your consent (in whole or in part) by the Corporation Any purported assignment by you in violation of this section shall be void.

15. Termination

You agree that the Corporation, in its sole discretion, may terminate any User account (or any part thereof) you may have with the Corporation, may terminate your use of the Platform, and may remove and discard all or any part of your account or any of your Content, at any time. The Corporation may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, without notice. You agree that the Corporation shall not be liable to you for any termination or interruption of service.

You may request cancellation of your User account at any time by sending an email to capturecanada@ingeniumcanada.org.

16. General

No joint venture, partnership, employment, or agency relationship exists between you, the Corporation or any third party provider as a result of this Agreement or your use of the Platform. If any provision of the Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect. The failure of the Corporation to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. This Agreement comprises the entire agreement between you and the Corporation and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. The laws of the Province of Ontario and Canada applicable therein will govern these Terms of Service and any dispute that arises between you and the Corporation. All disputes related to these Terms of Service or your use of the Platform will be brought solely in the courts of Ontario, Canada.