1. Introduction
The “Website” means, collectively, all aspects of COUNTERARCHIVE.CA
The term “Content” means the text, images, graphics, photographs, software, scripts, and other materials you may view on, and access through, the Website.
a) Your access to and use of the Website shall be governed by the following Terms of Use.
2. Terms of Use
Reserved Rights and Grant of Limited License
Copyright © 2019 ARCHIVE/COUNTER-ARCHIVE.All rights reserved.
a) ARCHIVE/COUNTER-ARCHIVE owns the intellectual property rights, including copyright, in and to this Website, or has acquired the necessary licences to display the material on the Website.Content on the Website is protected by Canadian and international copyright laws. Copyrights and other proprietary rights in the material on this website may also be held by third parties.
b) As a user of this Website, you are granted a limited license to display the information for your own personal, non-commercial use only.Unless otherwise indicated on the metadata associated with each item, or on the item itself, all Content displayed on the Website is made available to the public for non-commercial purposes such as research, private study and education - all other rights are reserved. For greater certainty, you are not permitted to make copies of any of the Website or any Content for the purposes of sale, resale or in any way providing access to the Website or any Content through another Website or service for the purpose of, directly or indirectly, earning revenue.
c) ARCHIVE/COUNTER-ARCHIVE expressly forbids the copying of any protected content on the site, except for purposes of fair dealing, as defined by Canadian copyright law. Materials used in this way must retain any associated copyright or other proprietary notices and shall acknowledge its source. Digital manipulation or other modification of any of the Content is expressly forbidden.
d) All other uses other than provided for in these Terms and Conditions are prohibited without written consent of the ARCHIVE/COUNTER-ARCHIVE and, if applicable, any additional third-party copyright holders. ARCHIVE/COUNTER-ARCHIVE does not warrant that use of materials from this site will not infringe the rights of third parties.
e) This Website and the Content is provided on the terms and conditions contained in these Terms of Use. You are deemed to agree to these Terms of Use in several independent ways: by searching for and viewing Content through the search function of this Website; upon entering and clicking through within this Website; and any other means recognized by law as indicating your acceptance of these Terms of Use.
f) ARCHIVE/COUNTER-ARCHIVE may, in its sole discretion, modify these Terms of Use at any time. Any modifications will be effective upon them being posted to the Website. Your continued use of the Website following the posting of the modifications constitutes acceptance of such modifications. You should periodically review the most up-to-date version of these Terms of Use.
3. No Advice or Warranties
a) You shall be fully responsible for any consequences resulting from your use of the Website. The information on the Website is provided for educational or information purposes only.
b) ARCHIVE/COUNTER-ARCHIVE does not guarantee the quality, accuracy, completeness or timelines of the information on the Website. While efforts are made to verify the information provided, the Website may contain typographical or other errors and should not be assumed to be error free. Furthermore, some information on the Website has been provided by third parties and has not necessarily been verified by ARCHIVE-COUNTER-ARCHIVE.
4. No Endorsement
a) The ARCHIVE-COUNTER-ARCHIVE Website may contain links to other Websites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. Parties other than ARCHIVE/COUNTER-ARCHIVE independently develop and maintain these other Websites. Therefore, ARCHIVE/COUNTER-ARCHIVE does not assume responsibility for the accuracy or appropriateness of the information contained at such Websites. In providing links to other Websites, ARCHIVE-COUNTER-ARCHIVE is not acting as a publisher or disseminator of the material contained on these other Websites and does not seek to control the content of, or maintain any type of editorial control over, such Websites.
b) A link to another Website should not be construed to mean that ARCHIVE/COUNTER-ARCHIVE is associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other Websites. In addition, the mention of another party or its product or services on the Website should not be construed as an endorsement of that party or its product or service.
5. Trade Marks
Certain words, phrases, names, designs or logos used on the Website may constitute trademarks, service marks or trade names of ARCHIVE/COUNTER-ARCHIVE or other entities. The display of any such marks or names on the Website does not imply that ARCHIVE-COUNTER-ARCHIVE or other entities have granted a license or authorization of any kind to use such marks or names.
6. Computer Viruses
While every effort is made to ensure that all information provided on the Website does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items or information contained on your computer system.
7. Choice of Law
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this document, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to your use of the Website.