Terms of Use

Acceptance of Terms

The Carleton University Library – Archives and Research Collections, Carleton Hypertext and Hypermedia Lab, and Carleton Immersive Media Studio (known collectively for the purpose of these Terms of Use as “Heritage Passages”) make this website and accompanying mobile application (the “Site”), including all information, documents, content, materials, images, photographs, videos, animations, software, and services (the “Materials”) available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement (“Terms of Use”). By accessing, browsing, and/or using the Site, you acknowledge that you have read, understand, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Heritage Passages reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use.

Access to the Site

Heritage Passages may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Heritage Passages shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

Use of Site Information

You are permitted to view, copy, download, and print Materials from the Site, provided that:

  1. you use the Materials for informational, educational, personal, and non-commercial purposes only;
  2. you do not modify or alter the Materials in any way;
  3. you do not copy or distribute graphics from the Site separate from their text;
  4. you do not quote the Materials out of context;
  5. and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make.

The rights specified above to view, copy, download, and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Heritage Passages makes available third-party materials and information, including, but not limited to, documents, images, and photographs. The ownership of these materials remains the property of the third-party rights holder and cannot be repurposed or reproduced without prior written consent from the rights holder. These materials cannot be used in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title, and interest in and to the Site, including any and all patent, trademark, copyright, trade secret, intellectual, and industrial property rights, remain the sole and exclusive property of Heritage Passages, its suppliers, and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use the name “Heritage Passages” or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Heritage Passages.

Support

You acknowledge and agree that you use the Site, Software, and Services at your own risk and that Heritage Passages is not required to provide support relating to the Site.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Heritage Passages, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT, OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WITHOUT LIMITING THE FOREGOING, Heritage Passages MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (4) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (5) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Liability

The Materials on this Site may be out of date and Heritage Passages makes no commitment to update such Materials.

The Site could include technical or other mistakes, inaccuracies, or typographical errors. Heritage Passages assumes no responsibility for errors or omissions in the Materials, which are included on, referenced by, or linked to this Site. References to other sites, materials, services, and products are provided “as is” without warranty of any kind, either express or implied.

IN NO EVENT SHALL Heritage Passages, ITS SUPPLIERS, OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, PHYSICAL OR MENTAL HARM, OR OTHER COMMERCIAL, ECONOMIC, OR BODILY HARM OR LOSS, EVEN IF Heritage Passages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. Heritage Passages IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.

Indemnification

By using this Site or accompanying Material, you agree to indemnify, defend, and hold harmless Heritage Passages and its affiliates, partners, third party content providers, and licensors and each of their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted, or transmitted by you on or through the Site, and/or your activities in connection with the Site.

Links to Third Party Sites

This Site contains links to other sites on the Internet that are not within Heritage Passages’ control and are owned and operated by Heritage Passages’ partners, customers, and other third parties (the “External Sites”). Heritage Passages will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and Heritage Passages is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. Heritage Passages provides links to External Sites merely as a convenience.

You acknowledge and agree that the inclusion of such External Links does not imply that Heritage Passages endorses or accepts any responsibility or liability for any content, advertising, products, or other material that may appear on or may be available on, from, or through any External Sites. You further acknowledge and agree that Heritage Passages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

Privacy Policy Statement

The terms of Heritage Passages’ Privacy Policy Statement (“Privacy Policy”) are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand, and agree to be bound by the Privacy Policy.

Choice of Language

The Terms of Use are provided in English and French only. The English and French versions of these Terms of Service shall be controlling in all respects.

Choice of Law and Jurisdiction

This Site (excluding links to External Sites) is controlled by Heritage Passages from Ottawa, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Heritage Passages agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Heritage Passages expressly disclaim all applicable choice of law or conflict of law rules. You and Heritage Passages also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Ottawa, Ontario, with respect to such matters.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between you and Heritage Passages and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Heritage Passages, as described in “Acceptance of Terms” above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Heritage Passages to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Trademarks

Names and logos displayed on the Site may be trademarks or registered trademarks of their respective owners.

Copyright Information

© Carleton University 2012. All rights reserved.

Contact Information

If you have any questions regarding this Site or these Terms of Use, please do hesitate to contact us.