Terms of Use

Terms of Use

 

Introduction

The Canadian Ski Hall of Fame and Museum (“CSHFM”) is dedicated to developing, maintaining and making accessible to the public its collection of artefacts and to furthering knowledge, understanding and enjoyment of Canadian ski and snow-sports history by way of our Hall of Fame and its honored inductees. As one means of achieving this mission, the CSHFM maintains its website (“Site) for your personal entertainment, information, education and communication.

Before you proceed to enjoy the Site, please take a moment to read the following important Terms and Conditions that govern your access to and use of the Site:

Copyright

The copyright in the images, text, audio and video clips, documentation, illustrations, designs, icons, software (including applications) and all other content on the Site (“Content”) are the property of CSHFM or its licensors unless indicated otherwise. The Content may also be the subject of other intellectual property rights held by third parties and further restrictions applicable to their use. The CSHFM expressly forbids the copying of any protected Content on the Site, except for fair dealing, as defined by the Canadian Copyright Act, and as described below.

Intellectual property rights – Images of Athletes

The CSHFM displays numerous images of Athletes, and some of these images are still subject to copyright. In order to respect these rights, the CSHFM requires users not to reproduce the images published on its site for any purpose other than fair dealing as outlined in the Copyright Act (such as for purposes of research, private study or education). In such cases, the CSHFM requires users to indicate the title of the work, the name of the athlete or rights holder, which may be indicated.

It is forbidden to modify images found on the Site in any way which might harm the integrity of the images (such as cropping the image, adding elements foreign to the image or modifying its colours).

Under no circumstances should the CSHFM be associated with a product, project or business merely through the use of an image published on the Site.

The reproduction of images on the Site for any use other than fair use as defined in the Copyright Act is strictly forbidden without prior written authorization from the CSHFM for this purpose. A reproduction request may be submitted through [email protected]  to the attentions of photography service.

The CSHFM assumes no responsibility for the posting on-line of images of works in its collection in the case of any recourse or claim that a third party may make, particularly with respect to a violation of copyright involving the use of an image in contravention of the applicable law.

Intellectual property rights – Website content

With the exception of the preceding section concerning the use of images of athletes, the CSHFM grants, without special authorization, use of the content of the Site for strictly personal purposes, on condition of clearly indicating that the source of this information is the CSHFM’s.

All documents found on the Site, including but not limited to texts, compilations, images, videos, audio and multimedia documents and the logos of the CSHFM and its partners, are protected by the Canada Copyright Act and by international agreements. In the absence of notice to the contrary, copyright applies to every document made available on the Site.

Any other use or reproduction, of the content of the Site, in any form whatsoever, including downloading, publication, reproduction on another site, dissemination on the Internet or for public or commercial purposes, is forbidden without the prior written authorization from the CSHFM.

Uses Requiring No Further Permission

The Content on the Site is provided for browsing, viewing, downloading, and listening where such activities are limited to non-commercial, educational and personal use only. By downloading, printing or otherwise using text, images, files from the CSHFM website, users agree that they will limit their use of such files to fair dealing and will not violate CSHFM’s or any other party’s proprietary rights. Content used in this way must retain any associated copyright or other proprietary notices, and shall acknowledge its source. The source citation should include the Site’s URL:www.skimuseum.ca. Digital manipulation or other modification of the Content on the Site is expressly forbidden. All other uses other than as provided for in these Terms of Use are expressly prohibited without the prior express written consent of the CSHFM. Some of the Content found on the Site is subject to copyright held by other persons. In such cases, restrictions on the reproduction of the Content may apply, and further permission may need to be obtained from a third-party rights holder before reproducing the material.

Uses where Permission is Required

Unauthorized commercial publication or exploitation, including but not limited to print or electronic distribution of the Site and the Content on the Site, is expressly prohibited without the prior written authorization from CSHFM, and, where applicable, third-party rights holders. For permission to use images from the CSHFM’s collection, text and other Content from the Site, please e-mail the CSHFM at [email protected] if you know which CSHFM images you would like to reproduce. In addition, the works reproduced on the Site may be subject to rights held by third parties. The CSHFM shall not be responsible for the procurement of any third-party permissions and the user shall be obligated to clear such rights prior to any use of the Content. The CSHFM may grant permission to use the Content on a case-by-case basis at its sole discretion. The CSHFM retains the right to charge a fee for use of the Content, which may depend on the type and nature of the proposed use.

Links to the Site

The CSHFM encourages other web sites to link to the home page of the Site, as a normal link. Content from the Site may not be used within a frame, or by means of an in-line link.

Links to External Sites

Links to third party outside sites by the CSHFM are provided to visitors as a convenience and their inclusion in no way implies that the CSHFM endorses or accepts any responsibility for the content or use of these sites. As the organizations and individuals that maintain these sites may not be subject to the Official Languages Act, information found on these sites may be presented only in the language in which they were written.

Trademarks

Trademarks service marks, and logos, (collectively the “CSHFM Trademarks”) identifying CSHFM or its products and services, including the trademark of the CSHFM and associated logos, are registered and/or unregistered marks of the CSHFM. Any unauthorized use of the CSHFM Trademarks is strictly prohibited. The trademarks of third parties may also be displayed on the Site (collectively “Third Party Trademarks”). Nothing contained in the Site should be construed as granting any license or right to use any Trademarks or the Trademarks on the Site without the prior express written permission of the trademark owner.

Content Posted to or Transmitted from the Site

All comments or suggestions and any content posted to or transmitted by a user to the Site are not confidential and become the property of the CSHFM. The CSHFM may reproduce, disclose, transmit, publish, broadcast, tele-communicate to the public by telecommunication and post any such content in its sole discretion. The CSHFM may also use any idea, concept, know-how or technique a user posts for any purpose, including developing, manufacturing, and marketing products or other material. You cannot post to or transmit from the Site any content which is threatening, libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, or otherwise illegal, or objectionable that could constitute or encourage a criminal offense, violate the rights of any party, or that could give rise to liability or violate any law. The CSHFM neither takes responsibility nor assumes liability for any such content on the Site.

Privacy Statement

The CSHFM complies with Canada’s Privacy Act. Any personal information gathered by the CSHFM about visitors to the Site is not provided to third parties, except with your consent or where authorized and/or required by law. Please review the CSHFM Privacy Policy for more details. Questions or comments regarding this policy may be sent to [email protected].

Monitoring Usage and Use of Personal Information

The CSHFM will not sell, trade, or rent your personal information to others. The CSHFM may compile and provide aggregate statistics about on-line visitors, customers, sales, traffic pattern and related site information to third parties, but these statistics will not include any personal identifying information. When you purchase a product through the CSHFM on-line boutique, the CSHFM may release account information when such release is reasonably necessary to comply with the law, enforce the terms of any CSHFM user agreements or protect the rights, property and safety of the CSHFM, users of its web sites or third parties.

When you order a product through the CSHFM online store, the CSHFM requires your name, billing and shipping addresses, telephone numbers, e-mail addresses and credit card information to process the order. Credit card information will only be used on an as-needed basis to process your order.

Use of the Site by Children

The CSHFM does not solicit personal information from children. Visitors who are under the age of majority are required to obtain parental or guardian consent before submitting any personal information to the Site.

Social Media

The CSHFM invites users to visit the various social media on which it is present. To ensure optimum use of these social media platforms, users are asked to observe certain basic rules around the use of the site.

Private Life

The CSHFM makes no guarantee of confidentiality with respect to information exchanged on the Internet.

Accuracy of Information

The CSHFM guarantees the accuracy of information on the Site at the precise moment it appears there and not at any later date. The CSHFM is in no way responsible for the accuracy of any document, information or other content once it has been altered or modified in any way, after having been downloaded or not. In the case of divergence between an official text and the content of the Site, the official text takes precedence.

Exclusion of Liability

The application of laws and regulations may vary depending on specific facts or circumstances. Due to the nature of electronic communication processes, CSHFM does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided ‘as is’ without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall CSHFM, or any of its directors, officers, members, agents or employees, be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Site, any content on or accessed by use of the Site, or any copying, display or other use.

Notice

All documents of any kind found on the Site are provided without guarantee, express or implied as to authenticity.

The CSHFM can in no way be held responsible for any inconvenience or damages that a user may suffer following use of the Site, the information it contains or the social media on which it is present.

The CSHFM cannot be held responsible in any way for a user’s inability to access all or part of the Site or the information found on it.

Revisions to Terms of Use 

These Terms of Use may be revised from time to time by the CSHFM in response to changes in the law, policy or for other reasons. Please visit this page from time to time to inform yourself of any changes.

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