ONTARIO ARTS COUNCIL (“OAC”) WEBSITE TERMS and CONDITIONS of USE AGREEMENT (“TERMS AND CONDITIONS”)
LAST UPDATED: February 1, 2017
USE OF THE OAC WEBSITE
Welcome to the Ontario Arts Council (“OAC
”) 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 OAC service delivered through this website are owned by the OAC. The OAC service currently contains various web pages at or linked to the URL www.arts.on.ca, as well as areas of other websites operated by Government of Ontario ministries or agencies that have entered into agreements with the OAC to publish their content through the OAC service on their sites. The OAC service may expand or change from time to time, or may be terminated, without notice.
These Terms and Conditions apply only to Your use of the OAC Website. Should You wish to submit an application for an OAC grant or review a grant application in your role as an assessor, you will automatically be directed to the OAC Application System (“NOVA
”) which has its own applicable Terms and Conditions of Use related to NOVA.
Acceptance of Terms and Conditions
By accessing the OAC Website and using the OAC service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions. OAC may modify these Terms and Conditions from time to time. You agree that your continued use of, or access to the OAC Website after any such modifications or amendments constitutes your acceptance of all such modifications or amendments. The “Last Revised Date” indicates the current applicable version of the Terms and Conditions.
Acceptable Use of this Website
When using the OAC Website, You must not:
- use this website in violation of any law, rule or regulation;
- interfere with or disrupt this website or any of our computer systems, servers, networks, databases, software, hardware or equipment used by or for this website;
- interfere with the use or enjoyment of this website by others;
- introduce code which is disruptive or harmful; or
- attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of this website; logins and passwords of others; or personal information and personal accounts of others.
Ownership and Use of Content on the Website
Materials on this website, whether text, audio, video, image files, or any other format, are available for public viewing and, unless otherwise specified, You may reproduce the materials in whole or in part for non-commercial purposes, and in any format, without charge or further permission, provided you do the following:
- exercise due diligence in ensuring the accuracy of the materials reproduced;
- indicate both the complete title of the materials reproduced, as well as the author (where available); and
- indicate that the reproduction is a copy of the version available on the OAC website.
Unless otherwise specified, You may not reproduce materials on this site, in whole or in part, for the purposes of commercial redistribution without prior written permission from the OAC.
Links to Other Sites
OAC may provide links on the OAC website to other websites and/or widely used social media platforms (“Linked Sites”) as a convenience for Users. These Linked 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 Privacy Notice and/or Terms and Conditions which Users should locate and review prior to using a Linked Site.
The trademarks, logos and other names and icons on this site are registered and unregistered trademarks of OAC and others.
Providing Content in Our Official Languages
OAC is committed to providing services in French in accordance with the requirements of the French Language Services Act.
Accommodating Individuals with Disabilities
OAC is committed to the principles outlined in the Accessibility for Ontarians with Disabilities Act, 2005
and to meeting the needs of people with disabilities, in a timely manner, through the implementation of the requirements of the Act.
Use of this website and its contents is at Your own risk. This website and all of its content are provided "As Is". You must not rely on any content published on or linked to this website without first making Your own enquiries to verify it is accurate, current and complete. We do not make, and expressly disclaim, any representations, warranties, covenants and conditions, express or implied, arising out of operation of law, course of performance, course of dealing, usage of trade or otherwise, including any express or implied warranties and conditions of: merchantability; merchantable quality; fitness for a particular purpose; non-infringement; safety; quality; freedom from defects or that defects will be corrected; uninterrupted, virus-free or error-free use of this website; or accuracy, currency, reliability, completeness or appropriateness relating to the content of this website..
Limitation of Liability
Under no circumstances will OAC or its employees, agents and independent contractors have any responsibility or liability for any loss or damage whatsoever (including without limitation direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, and including without limitation to any loss of profit, costs, expenses, harm to business, business interruption, reputation, loss of information or programs or data, loss of savings, loss of revenue, loss of goodwill, loss of tangible or intangible property, legal fees or legal costs, wasted management or office time or damages of any kind whatsoever), whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with this website, any linked website or linked social media platform (including without limitation any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, this website, any linked websites or linked social media platforms, or any of the services or content of the foregoing), even if OAC has been specifically advised of the possibility of such damage or loss, or if such damage or loss was foreseeable.
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.
Governing Law and Jurisdiction
These Terms and Conditions constitute the entire agreement between You and OAC regarding the use of the OAC 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.
INQUIRING ABOUT THE OAC WEBSITE TERMS AND CONDITIONS
Please direct any questions, comments, concerns or complaints you may have concerning the OAC website Terms and Conditions to:
Ontario Arts Council
121 Bloor Street East, 7th Floor
Toronto, Ontario M4W 3M5
Our Privacy Commitment
The OAC is committed to respecting the privacy of visitors to our website. This privacy notice summarizes the privacy practices for the OAC's website. In accordance with Section 39(2) of the Freedom of Information and Protection of Privacy Act (“FIPPA”), the Ontario Arts Council (the “OAC”) collects personal information about visitors to our website in order to fulfill our mandate and administer our activities as set out in the Arts Council Act, R.S.O. 1990, c. A.30.
This Privacy Notice applies only to Your Personal Information collected and used by OAC through Your use of the OAC Website. Should You wish to submit an application for an OAC grant or review a grant application in your role as an assessor, you will automatically be directed to the OAC Application System (“NOVA
”) which includes the Notice of Collection of your personal information under FIPPA.
Your Privacy and the OAC's Website
Unless otherwise noted, the OAC does not automatically gather any specific information from You, such as Your name, telephone number or email address. The OAC would obtain this type of information only if You supply it to us, for example, by signing up for our E-Newsletter, applying for a job or completing our feedback form.
If You choose to send us an email or otherwise provide us with your personal information online, your personal information may be used by the OAC in order to respond to your inquiry. The OAC does not use the information to create individual profiles nor does it disclose the information to anyone other than to those in the OAC who need to provide You with a response.
Improving your Experience on the OAC's Website
Digital Markers (including cookies)
A digital marker is a resource created by the visitors' browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are "cookies" or HTML5 web storage. Some examples of what digital markers do are as follows:
- they allow a website to recognize a previous visit each time the visitor accesses the site;
- they track what information is viewed on a site which helps website administrators ensure visitors find what they are looking for.
The OAC uses sessional digital markers on its website. During your on-line visit, your browser exchanges data with the OAC's Web server. Upon ending your session by closing your browser, this digital marker does not remain on your computer. As such, the digital marker used does not allow the OAC to identify individuals upon subsequent visits.
You may adjust your browser settings to reject digital markers, including cookies, if you so choose. Visiting our website with cookies disabled will have no significant impact on your browsing experiences on the OAC site. Please consult your browser's Help Menu for instructions.
Web analytics is the collection, analysis, measurement, and reporting of data about Web traffic and visits for purposes of understanding and optimizing Web usage.
When your computer requests an OAC Web page, we collect the following types of information for Web analytics using digital markers (as described above):
- the originating IP address;
- the date and time of the request;
- the type of browser used; and
- the page(s) visited
Information used for the purpose of Web analytics is collected by the OAC pursuant to its mandate as set out in Arts Council Act
. Such data may be used to improve the OAC website as well as for communications and information technology statistical purposes, audit, evaluation, research, planning and reporting.
The OAC uses Google Analytics and Site Improve software to conduct Web analytics internally. The information is not disclosed to an external third party service provider. The OAC retains information collected for Web analytics for a maximum period of 12 months.
Protecting the Security of the OAC Website
The OAC employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our website, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.
The information may be shared with appropriate law enforcement authorities if suspected criminal activities are detected. Such information may be used for network security related statistical purposes, audit, evaluation, research, planning and reporting.
INQUIRING ABOUT THE OAC WEBSITE PRIVACY NOTICE
Please direct any questions, comments, concerns or complaints you may have concerning the OAC Website Privacy Notice to:
Ontario Arts Council
121 Bloor Street East, 7th Floor
Toronto, Ontario M4W 3M5