THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Last updated on April 26, 2016.
ACCEPTANCE OF TERMS
Welcome to the Internet sites of The Royal Canadian Geographical Society ("RCGS") which include without limitation, canadiangeographic.ca, rcgs.org, cangeotravel.ca and cangeoeducation.ca, (the "RCGS Sites"). By using a RCGS Site, or any of the products or services available on a RCGS Site you agree, without limitation or qualification, to be bound by these terms and conditions (the "Terms and Conditions"), all as may be modified by RCGS from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a RCGS Site or any of the Services on a RCGS Site.
DESCRIPTION OF RCGS SERVICES
RCGS is dedicated to imparting a broader knowledge and deeper appreciation of Canada - its people and places, its natural and cultural heritage and its environmental, social and economic challenges. RCGS currently provides you with a rich collection of resources, including educational and communication tools, resource materials, forums, contests and other content available through the RCGS sites (collectively, the "Services"). You understand and agree that the Services may include certain communications from RCGS which you may not opt out of receiving. Unless explicitly stated otherwise, any new features or websites that enhance the Services are subject to these Terms and Conditions.
REGISTRATION, ACCOUNTS AND PASSWORDS
Certain of the Services and related material, software, information, data and other content made available on a RCGS Site may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which you choose as a result of any registration or subscription on a RCGS Site; and
- all activities that occur under such password or account.
Further, you agree to notify RCGS of any unauthorized use of your password or account. RCGS will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
In consideration of the availability, and your use, of a RCGS Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such RCGS Site or Service. You acknowledge that RCGS may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a RCGS Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a RCGS Site, any of the Services, or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, or other harmful or disruptive component; and
- post, transmit, link to, or otherwise make available any material that infringes any patent, trade-mark, trade secret, copyright or other intellectual property or proprietary right.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a RCGS Site or any of the Services, you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor's access to and use of a RCGS Site or any of the Services; and
- the consequences of any misuse by the minor.
- You acknowledge that some of the areas of a RCGS Site may contain material that is inappropriate for minors.
RESTRICTIONS ON USE
You acknowledge that any and all information, content, reports, data, photographs, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the RCGS site (the "Content") including the manner in which the Content is presented or appears and all information relating thereto, is the property of RCGS or its licensees, or the respective owner as indicated. All Content is protected by Canadian and worldwide copyright laws and treaty provisions. RCGS and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a RCGS Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content.
TRADE-MARKS AND OFFICIAL MARKS
CANADIAN GEOGRAPHIC, CANADIAN GEOGRAPHIC KIDS, CANADIAN GEOGRAPHIC EDUCATION, CANADIAN GEOGRAPHIC TRAVEL are trade-marks of RCGS. CANADIAN GEOGRAPHIC, CANADIAN GEOGRAPHIC & Design, CANADIAN GEOGRAPHIC KIDS are official marks of RCGS.
All other product, brand and company names and logos used or mentioned on a RCGS Site or any of the Services may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a RCGS Site or any of the Services without the express written consent of the owner of the trade-mark is strictly prohibited.
PERSONAL INFORMATION AND PRIVACY
Certain RCGS Sites allow you to download software applications [or other forms of Content,] (the "Software"). The Software is made available to you by RCGS or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by RCGS or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that RCGS or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that the RCGS, its agents, representatives, licensors, suppliers and each of their respective affiliates, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
CONTENT LINKED TO A RCGS SITE
Please note that certain links on a RCGS Site may take you to other websites that are not necessarily under the control of RCGS. RCGS provides these links only as a convenience and not as an endorsement by RCGS. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. RCGS is not responsible for the accuracy or appropriateness of the content of any such linked sites or any other web page which is not part of a RCGS Site and under RCGS's control. If you access any linked site, you do so at your own risk. Unless otherwise expressly provided, RCGS makes no representation or warranty regarding, and does not recommend or endorse, any linked site or the content appearing thereon. You agree that RCGS will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a RCGS Site.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found through a RCGS Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. RCGS assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the RCGS will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
AMENDMENT AND WAIVER
For users of the RCGS Sites, RCGS reserves the right, in its sole discretion, to add to, remove from, amend, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on a RCGS Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of any RCGS Sites and any of the Services immediately. Your continued use of a RCGS Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, RCGS reserves the right to change, modify, suspend or discontinue any aspect of a RCGS Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE CONTENT ON RCGS SITES AND ANY OF THE SERVICES AND CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF RCGS, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "RCGS GROUP") DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION AVAILIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, OR COMPLETENESS, AS WELL AS THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE; AND
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RCGS GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A RCGS SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A RCGS SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
You agree at all times to indemnify, defend and hold harmless each member of the RCGS Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on a RCGS Site, against any and all claims, actions, proceedings, costs, damages, liabilities, expenses and demands whatsoever, including without limitation reasonable legal and accounting fees, sustained, incurred or paid by RCGS directly or indirectly resulting from or related to:
- your breach of any of these Terms and Conditions;
- your access to or use or misuse of a RCGS Site, Services or Content including without limitation infringement claims; or
- your use or reliance on, or publication, communication or distribution of anything on or from a RCGS Site or through any of the Services.
You will use your best efforts to cooperate with the RCGS Group in the defense of any claim. The RCGS Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE RCGS GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, AGGRAVATED, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER RCGS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A RCGS SITE, OR
ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR
ANY OTHER MATTER RELATING TO A RCGS SITE OR ANY OF THE SERVICES EVEN IF THE RCGS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
GOVERNING LAW / SUBMISSION TO JURISDICTION
RCGS, RCGS sites, content and Services (excluding linked sites) are controlled, operated and administered by RCGS from its offices within Canada. RCGS makes no representation or warranty that a RCGS Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a RCGS Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a RCGS Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to this Section, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any RCGS Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the RCGS Group relating to any Claim and you also agree to opt out of any class proceedings against the RCGS Group. Notwithstanding the foregoing, RCGS reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The use of sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms of Service.
These Terms and Conditions and you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between RCGS and you pertaining to your use of a RCGS Site, Services and Content and supersede any prior agreements between you and RCGS with respect to the subject matter hereof. RCGS's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof). No changes to these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
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