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Terms of Use
​​​1. Ownership of Service
Welcome to the Artist in Residence (Education) – also known as AIR (E) – website. You are a “User” within the meaning of these Terms and Conditions. We may also refer to you as “you.” This website and the AIR (E) service delivered through this website are owned by the Ontario Arts Council (“OAC”). The AIR (E) service currently contains various web pages at or linked to the URL www.education.arts.on.ca, as well as areas of other websites operated by school boards or Government of Ontario ministries or agencies that have entered into agreements with the OAC to publish their content through the AIR (E) service on their sites. The AIR (E) service may expand or change from time to time or may be terminated, without notice.
2. Non-Discrimination
The OAC does not discriminate, either in the AIR (E) service or otherwise, on the basis of gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. Acceptance
By using the AIR (E) service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any website where the AIR (E) service is found.
4. Questions
Please direct any legal questions to:
General Counsel
Ontario Arts Council
151 Bloor Street West, 5th floor
Toronto, Ontario M5S 1T6
5. Conditions and Restrictions of Use
A. Consent to Use of Data
The data entered in this database, whether text, audio, video, image files, or any other format, is available for public viewing. An artist’s, teacher’s or school board’ s materials, when posted on the AIR (E) site, will be available for public viewing and for such non-commercial uses as are supported by applicable laws on fair dealing in Canada. OAC is not responsible for any uses that are made of any such materials, and will not police them or enforce your rights in connection with them. If you are concerned about the uses to which any text, audio, video, image files or other materials are or may be put, you should refrain from uploading such text, audio, video, image files or other materials to this website. The entire risk, if you choose to upload such text, audio, video, image files or other materials, is yours.
B. Responsibility of Persons Uploading Content
School board administrators, teachers, and/or artists who post data or other content to the AIR (e) site are responsible for ensuring that the data and content they upload to the site is accurate and that they have the right to upload all such data and content to the site. The AIR (e) website does not welcome, and will not knowingly accept, any copyright protected work that the person uploading same does not have the right to upload to the site. School board administrators, teachers, and/or artists may be contacted by OAC to confirm the accuracy or discuss discrepancies in its data or copyrights, but it has no legal obligation to do so. If you upload data or other content to the AIR (e) website, you hereby waive your moral rights in such data and content, provided that you shall have the right to remove it, or request that it be removed, from the website upon reasonable written notice to the OAC. The OAC will attempt to remove such data and content within a reasonable period of time but will not be liable for any delay in responding to your removal request.
C. Loss or Damage of Content
OAC and AIR (E) are not liable for the loss or damage of data or other content, whether it is being entered online or uploaded to the website from another system. OAC and AIR (E) are not liable for any uses to which your data or content are put by any third party. If you upload data or other content, you grant OAC a licence to copy and modify such data or content for the sole purpose of promoting the AIR (E) website, provided that you may cancel such licence upon reasonable written notice. To the extent that such data or content are contained in written materials, such as posters and brochures and other non-digital publications, OAC will have the right to continue to use such posters and brochures and publications until OAC’s supply of them runs out.
D. Privacy Laws
OAC operates in compliance with all applicable federal and provincial privacy and freedom of information laws. See the Privacy Policy for the AIR (E) website, which is posted elsewhere on the site.
E. Suspension or Removal of Access
OAC reserves the right to suspend, remove, or disable use of or access to the website at any time, without notice. OAC shall not be liable for any damages you may suffer as a result of its exercise of this right at any time or times.
F. Service Breakdown
The AIR (E) website may be temporarily unavailable from time to time for maintenance or other reasons, or service provided through an internet service provider may limit access to the site. OAC assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, User communications. OAC is not responsible for any technical malfunction or other problems of any telecommunications network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any site, including injury or damage to your or to any other person's computer, mobile phone or other hardware or software, related to or resulting from using, uploading or downloading data and materials to or from OAC or the AIR (E) website. Under no circumstances will OAC be responsible for any loss or damage, including any loss or damage to any content, or for personal injury or death, resulting from anyone's use of the AIR (E) website.
G. Viruses
OAC assumes no responsibility or liability for any damages (including without limitation any damages caused by viruses) to a User’s computer software, equipment or other property in connection with access to or use of this site or uploading or downloading of any data, text, images, files or other materials to or from the site.
H. Governing Law, Venue and Jurisdiction
OAC operates under the laws of the province of Ontario and the federal laws of Canada applicable therein, and you irrevocably agree to be governed by these laws when visiting or using the AIR(E) website.
I. Disclaimer
Neither OAC, its partners, suppliers, nor any other party involved in creating, producing or delivering the information on this site, is liable for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with access to or use of this site. This includes business interruption and loss of use, data, information and profits. TO THE EXTENT THAT THIS DISCLAIMER IS INEFFECTIVE, YOU AGREE THAT YOUR MAXIMUM COMPENSATION FOR OAC’S BREACH OF ANY APPLICABLE LAW IS ONE ($1.00) DOLLAR.
Without limiting the foregoing, everything on this site is provided "as is" without representation, warranty or condition of any kind, express, implied, or statutory.
J. Links to Other Sites
OAC may provide links on the AIR (E) website to other sites as a convenience for Users. These sites are independent from OAC and we do not endorse, control or make any representations, warranties or conditions concerning their contents or links. It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which Users should locate and review.
K. Trademarks
The trademarks, logos and other names and icons on this site are registered and unregistered trademarks of OAC and others.
L. Other
These Terms and Conditions constitute the entire agreement between you and OAC regarding the use of the AIR(E) site. The failure of OAC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
M. Applicable Laws and Courts
The laws of the Province of Ontario shall apply to these Terms and Conditions and the courts situated in the province of Ontario shall have exclusive jurisdiction to decide all matters and disputes in relation to these Terms and Conditions and Users’ use of the AIR (E) website.​