National Gallery of Canada
Participation Terms for the
Van Gogh Feature - (the "Rules")
1 -IN-EXHIBITION DISCLAIMER (FOR PUBLIC):
This Exhibition includes user-generated content. You acknowledge that the National Gallery of Canada will have no liability to you or anyone else for any user-generated content you see in the Exhibition. If you see something which you find objectionable or offensive, please inform our staff so we can take appropriate action.
2 - FEATURE DISCLAIMER (FOR CONTENT GENERATORS):
This interactive feature (the “Feature”) is provided by the National Gallery of Canada (the “Gallery”) as part of its Van Gogh exhibition (“Exhibition”). Participation is governed by these Rules. The Feature gives you the opportunity to write a letter to Van Gogh and have it broadcast within the Exhibition. You may also have a copy of your letter emailed to you, which you can then share on Facebook and/or Twitter. You will also receive a courtesy copy of a letter written by Van Gogh if you choose to receive an email copy of your letter.
CONSENT: BY USING THE FEATURE OR ANY OF ITS CAPABILITIES, YOU INDICATE YOUR ACCEPTANCE OF THESE RULES. IF YOU DO NOT ACCEPT THESE RULES THEN DO NOT USE THE FEATURE.
Content Rules. In submitting content for the Feature you expressly agree that you will not provide anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, offensive, pornographic, libelous, is invasive of another's privacy, hateful, or discriminatory or anything which encourages criminal behavior, gives rise to civil liability or which infringes a third party’s intellectual property rights (including copyright). You will not use the email capabilities of the Feature to send any spam or unwanted emails. Your submissions may be screened in advance of being broadcast and the Gallery reserves the right at all times to remove, delete or refuse to distribute any content which breaches these Rules, as determined in the Gallery’s sole discretion.
ANY BREACH OR ATTEMPTS TO CIRCUMVENT THESE RULES MAY RESULT IN THE GALLERY SEEKING DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Content License. You grant the Gallery (and its, employees, contractors and agents) a non-exclusive, perpetual, irrevocable, paid-up, royalty-free, worldwide license (with the right to sublicense) to use, copy, modify, transmit, display, distribute and otherwise exploit any content you provide to the Gallery. You represent and warrant that you own the copyright in any content you provide and that you have all the rights, power and authority necessary to grant the rights herein to any content that you submit. You are solely responsible for any content which you provide and you will indemnify the Gallery against any losses or damages relating to claims brought by any third party in relation to any content you provide to the Gallery in breach of these Rules (including, in relation to any use by the Gallery of the content you provided).
Malfunctions. To the fullest extent permitted by applicable law, the Gallery will not be responsible for (i) any lost content, including losses due to technical failures of any kind; (ii) any incorrect or inaccurate content or information displayed or transmitted, howsoever caused, (iii) any theft or destruction or unauthorized access to, or alteration of your content. If, for any reason, the Feature is not capable of running as planned by the Gallery, including because of any computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Gallery, the Gallery reserves the right to terminate or modify the Feature.
DISCLAIMER AND LIMITATION OF LIABILITY. THE GALLERY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE IN CONNECTION WITH THE FEATURE, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
BY PARTICIPATING IN THE FEATURE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE GALLERY AND ALL OF ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND IN CONNECTION WITH YOUR USE OR THE GALLERY’S PROVISION OF THE FEATURE AND/OR IN CONNECTION WITH YOUR SUBMISSION OF CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, DISPARAGEMENT, INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION, OR INVASION OF PRIVACY.
Governing Law. The laws of the Province of Ontario, excluding its provisions on conflict of laws, shall govern these Rules and the Feature. You hereto irrevocably submit to the exclusive jurisdiction of the Provincial and the Federal Courts in Ottawa, Ontario with respect to any matter arising hereunder or related hereto. The Rules state all of the terms and conditions governing participation in the Feature.
3 - EMAIL DISCLAIMER (FOR CONTENT GENERATORS WHO OPT TO RECEIVE AN EMAIL COPY OF THEIR EMAIL AND/OR VAN GOGH’S LETTER)