Terms of Use
The Art Gallery of Ontario (the "AGO") is pleased to provide this website and our on-line
e-store (collectively, the "AGO Site"). The following describes the terms (the "Terms" that govern your use of the AGO Site, and the services and goods provided
through the AGO Site. Your use of the AGO Site constitutes your agreement
to all of the Terms. If you do not agree with any of the Terms you may
not use the AGO Site.
1. Use of the AGO Site
(a)
Content
The information and materials contained at
the AGO Site, including the text, images, arrangement and general design (collectively,
the "Content") are owned or licensed by the
AGO, the respective artist or the artist’s heirs. You are authorized
to view or download a single copy of the Content solely for your personal,
educational, non-commercial use provided you
retain all proprietary notices contained in the Content. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any Content.
Reproduction of the Content except as specifically provided in this paragraph
is prohibited without the express written authorization of the AGO or the
copyright owner. Any publication or commercial use of the Content is
strictly prohibited. Copying, redistribution or exploitation of the
Content for personal or corporate gain is not permitted.
(b)
Prohibited Use
You may not use the AGO Site in any manner
which is contrary to applicable local, provincial, national, international
and foreign laws or regulations governing your use of the AGO Site.
It is solely your responsibility to determine whether your use of the AGO
Site is lawful. You may not use the AGO Site in any manner which could
damage, disable, overburden or impair the AGO Site or interfere with any other
party’s use and enjoyment of the AGO Site.
(c)
Prices and Orders
The AGO reserves the right to change the
prices, fees and charges regarding the goods and services available through
the AGO Site (including the e-store) at any time and from time to time without
any notice or liability to you or any other person. The AGO cannot guarantee
that goods or services advertised on the AGO Site will be available when ordered
or thereafter. The AGO also reserves the right at any time to reject, correct,
cancel or terminate any order. If you order goods or services for which
the price was incorrectly displayed, the AGO will provide you with an opportunity
to cancel your order. If you order goods or services that are not available,
the AGO will notify you by email with an expected shipping date. The AGO reserves
the right to limit quantities sold.
(d)
Modification
The AGO reserves the right to change or modify
the terms, conditions, and notices under which you may use the AGO Site.
The AGO will post all changes or modifications to these Terms on the AGO Site.
Each use of the AGO Site will constitute your acceptance of the Terms posted
on the AGO Site at that time.
(e)
Membership
Current AGO members are entitled to the member’s
price as noted by each item on the AGO Site. You will be asked for your membership
number when you place your order.
Only members are entitled to receive the
membership discount. You are not permitted to share your membership
number for the purposes of enabling non-members to receive the membership
discount.
You are solely responsible and liable for
any use and misuse of your membership number. You must ensure that all uses
of your membership comply with these Terms.
You must immediately notify the AGO of any
unauthorized use of your membership number, or if you know or suspect that
your membership number has been lost or stolen, has become known to any other
person, or has been otherwise compromised.
2. Your Information
The AGO is committed to protecting the privacy
of its online guests and customers. We only collect personally identifiable
information that you provide or that is otherwise provided to us on your behalf.
Unless we advise otherwise, your information will only be used for the purpose
for which it was provided or to contact you.
(a)
Volunteers
If you complete
an application form to volunteer, we will use the personal information you
provide to contact you and to perform administrative activities related to
your volunteer work.
(b)
E-Store Purchases
When
you make a purchase we will ask you to provide only the personally identifiable
information necessary to complete the transaction including your name, billing
and shipping addresses, telephone number, and credit card number. We
also require your e-mail address so you can receive order and shipping confirmation
e-mails and so we can communicate with you if there is any follow-up required
in processing your order.
(c)
Members
The personal information you provide
with respect to your membership is used to process your membership purchase
and enables you to receive additional membership communications from the AGO.
The AGO uses password protocols and encryption software to protect the personal
information we receive when a membership is purchased on-line.
As a member of the AGO, we may on occasion
provide you with additional information that may be of interest to you such
as: education programs, art camp, exhibitions, events, gallery shop, fundraising
projects, or other special initiatives. Occasionally, we may make our
list of members and their contact information available to other carefully
screened like-minded cultural organizations that may also be of interest to
you. If you prefer not to have your information exchanged, please e-mail
us at membership@ago.net.
(d)
Contests
If you participate in our contests we will use your
information to contact you to determine whether you are interested in becoming
a member of the AGO.
(e)
E-Newsletters
If you advise us that you wish to subscribe to our e-newsletters,
your information will be used to provide you with the e-newsletters and to
contact you to determine whether you are interested in becoming a member of
the AGO.
3. Purchases from the AGO e-store
(a)
Purchase of Gift Certificates
When purchasing gift certificates on-line
please note that the gift certificate will not be activated until the AGO
e-store has received email confirmation from the purchaser that the gift certificates
have been received. Upon receipt of your gift certificate please email us
at e-store@AGO.net and reference your Order Confirmation Number. We will immediately
activate your gift certificate at that time.
(b) Credit Card Charges
We accept the following credit cards:
Visa
MasterCard
American Express
You credit card will be charged
approximately 1 to 2 days prior to shipping. In the case of a partial shipment
you will only be charged for items shipped.
(c)
Confirmation of Order
You will receive an e-mail conformation
of your order. Please note the Confirmation/Transaction Number for purposes
of order tracking.
(d)
Order Cancellation
Order cancellation will be accepted via
email within 24 hours of initial placement of order.
(e)
Shipping Policy
Shipping is available to most destinations within Canada,
the U.S. and major International locations. Please allow up to 20 business
days for delivery of items.
The AGO will notify you if any item cannot be shipped within
30 days, and you will be given the option to wait until the item becomes available.
Items will not be charged to your credit card until your order is being prepared.
The shipping prices indicated on the AGO
Site or otherwise levied include both the cost of shipping using Canada Post
services and the AGO’s handling costs.
Some heavy or bulky items require additional
shipping charges. These charges are indicated on the page of the applicable
products.
If you require additional
information please contact us:
email at Retail_Operations@AGO.net
telephone at 416 – 979-6610 and press option 5
AGO Gallery Shop hours are Monday, Tuesday, Thursday, Friday
11am – 6pm; Wednesday 11am – 9pm; Saturday and Sunday 10am – 6pm.
4. Disclaimer
THE AGO SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,
WHERE IS” BASIS. THE AGO DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE AGO
SITE OR ANY OF THE CONTENT.
THE AGO DOES NOT WARRANT THAT THE AGO SITE AND THE CONTENT
ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE AGO SITE AND
CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS.
THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED
TO YOUR USE OF THE AGO SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED
HEREIN, THE AGO FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
(I) REGARDING THE GOODS OR SERVICES PROVIDED THROUGH THE AGO SITE (THE “PRODUCTS”),
(II) REGARDING THE USE OF THE PRODUCTS, (III) THAT THE PRODUCTS WILL PERFORM
IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV) THAT ANY DEFECTS IN THE PRODUCTS
WILL BE CORRECTED.
5. Limitation of Liability
THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL
OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE
PARTIES TO THESE TERMS.
THE AGO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE),
EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES,
LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION
WITH THE PROVISION, USE OR FAILURE OF THE AGO SITE, AND/OR THE CONTENT, WHETHER
NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF
ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.
6. Indemnity
You agree to indemnify, defend and hold harmless the AGO
and its respective agents, directors, officers, employees and licensors, and
all other related, associated, or connected persons (collectively, the "Indemnified
Parties") from and against any and all liabilities,
expenses and costs, including without limitation reasonable legal fees and
expenses, incurred by the Indemnified Parties in connection with any claim
or demand arising out of, related to, or connected with the use of the AGO
Site by you or your breach of this agreement. You will assist and co-operate
as fully as reasonably required by the Indemnified Parties in the defence
of any such claim or demand.
7. Contests
From time to time the AGO may make contests available to
users of the AGO Site and others. All contests are governed by these Terms
and the applicable rules of the contest (the “Rules”). By participating in a contest through the AGO Site, you signify
your agreement and acceptance of these Terms and the applicable Rules.
8. Links
Links to external web sites (the “Linked Sites”)
are provided only as a convenience and do not constitute an endorsement by
the AGO of the owners or operators of the Linked Sites, an endorsement of
the content, products, advertising or other materials contained in the Linked
Sites, or any association between the AGO and the Linked Sites. The
AGO is not in control of any of the Linked Sites and is not responsible for
the contents of the Linked Sites, including without limitation any link contained
in the Linked Sites or any changes or updates to the Linked Sites.
9. Miscellaneous
(a)
Survival
The disclaimer, limitation of liability and indemnity provisions in
these Terms will survive indefinitely after the termination of these Terms.
(b)
Marks
The Art Gallery of Ontario and the AGO logo (collectively
the “Marks”) appearing
on the AGO Site are registered trademarks, trademarks or service marks of
the Art Gallery of Ontario. The use of the Marks is strictly prohibited
without the prior written consent from the AGO. All other trademarks,
product names and company names or logos cited herein are the property of
their respective owners.
Nothing appearing on the AGO Site or
elsewhere will be construed as granting, by implication, estoppel, or otherwise,
any licence or right to use any Marks displayed on the AGO Site.
(c)
Severability
If any provision of these Terms are invalid or unenforceable
under applicable law, then it will be, to that extent, deemed omitted and
the remaining provisions will continue in full force and effect.
(d)
Entire Terms
Unless specifically provided herein, these Terms constitute
the entire agreement between you and the AGO with respect to your use of the
AGO Site. These Terms will supersede all prior agreements, understanding,
negotiations and discussions, either oral or written between the parties.
There are no representations, warranties, conditions or other agreements,
express or implied, statutory or otherwise, between the parties in connection
with the use of the AGO Site except as specifically set forth herein.
(e)
Termination
These Terms will automatically terminate if you are in breach
of any of the provisions contained herein. The AGO reserves the right,
in its sole discretion, to suspend or terminate your access to the AGO Site
and the related services or any portion thereof at any time, without notice.
Upon any such termination you may no longer access and/or use the AGO Site.
The AGO may, in its sole discretion, change, suspend or
terminate, temporarily or permanently, the AGO Site or any part of it or any
of its features at any time, for any reason, without any notice or liability
to you or any other person.
If these Terms or your permission to use the AGO Site is
terminated by you or the AGO for any reason, these Terms will nevertheless
continue to apply and be binding upon you in respect of your prior use of
the AGO Site and your purchases of goods and services through the AGO Site
and anything connected with, relating to or arising from those matters.
(f)
Governing Law and Jurisdiction
These Terms shall be governed by and
construed in accordance with the laws of the Province of Ontario and the federal
laws of Canada applicable therein. You hereby
expressly consent to the sole and exclusive jurisdiction and venue of the
courts of the Province of Ontario, located in the city of Toronto for any
legal proceeding arising out of or relating to your use of the AGO Site or
these Terms.
