Terms and Conditions

Terms and Conditions

Last updated: June 25, 2020

Please read these terms and conditions carefully before using the Service ( www.lacfoundation.ca).

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the Library and Archives Canada Foundation, 2600-160 Elgin Street Ottawa ON K2P 3C3.
  • Country refers to: Ontario, Canada
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website (www.lacfoundation.ca).
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to the Library and Archives Canada Foundation, accessible from www.lacfoundation.ca
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service ( http://lacfoundation.ca/privacy-policy/).

Copyright

The copyright in the images, text, audio and video clips, documentation, illustrations, designs, icons, software (including applications) and all other content on this Site (“Content”) are the property of Library and Archives Canada (LAC) or its licensors unless indicated otherwise. The Content on the Site may also be the subject of other intellectual property rights held by third parties and further restrictions as to their use. LAC 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.

Uses requiring no further permission

The Content on this 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 this Site, users agree that they will limit their use of such files to fair dealing, and will not violate LAC’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 this URL: http://bac-lac.gc.ca/. Digital manipulation or other modification of the Content on this Site is expressly forbidden. All other uses other than as provided for in these Terms of Use are expressly prohibited without the express written consent of LAC. 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 this Site and the Content on this Site, is expressly prohibited without written authorization from LAC, and, where applicable, third-party rights holders. For permission to use images from the LAC’s collection, text and other Content from this Site, please e-mail the Copyright Division of LAC at BAC.Droitdauteur-Copyright.LAC@canada.ca. In addition, the works reproduced on the this Site may be subject to rights held by third parties. LAC shall not be responsible for the procurement of any third-party permissions and the user shall be obligated to clear such rights prior to the use of the Content. LAC may grant permission to use its Content on a case-by-case basis at its sole discretion. LAC retains the right to charge a fee for use of its Content, which may depend on the type and nature of the proposed use.

Monitoring Usage and Use of Personal Information

The LAC Foundation will not sell, trade, or rent your personal information to others. The LAC Foundation 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 personally identifying information.

All online donations are made according to CanadaHelps’s terms and conditions. CanadaHelps is a non-governmental Canadian charity providing an accessible and affordable fundraising platform to registered Canadian charities through an agreement with the Canada Revenue Agency. CanadaHelps accepts donations by credit card; for other types of donations, or for more information, please contact the Foundation directly at bac.fondation-foundation.lac@canada.ca or at 819‑934‑4474.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

The terms and the use of the Service shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under these Terms, whether as to interpretation, performance or otherwise, shall be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: Bac.fondation-foundation.lac@canada.ca
  • By phone number: 819-934-4474