TERMS OF USE

Please read these terms of use (“Terms”) carefully before using this website as they represent a binding agreement between each user of our website (“you” or “your”) and The Harris Legacy Project (“we”, “our” or “us”).

1. Your Acceptance of these Terms of Use

By accessing and using our website, you accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, you must not access or use our website.

You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. Our Website

The Harris Legacy Project website offers a virtual archival library, housing digital artifacts (including print, video, audio, and photographic categories) from the period of Mike Harris’ premiership.

2. Eligibility to Use the Website

By accessing and using the website, you hereby represent and warrant that (i) you are at least the legal age of majority in your jurisdiction and can lawfully enter into and form contracts in accordance with applicable local laws, or (ii) you are under the legal age of majority in your jurisdiction and are using the website with the consent of your parent or legal guardian.

If you do not know whether you have reached the age of “majority” where you live, or do not understand this section, please ask your parent or legal guardian for assistance and their consent before you use this website. If you are the parent or legal guardian of minor who uses this website, you and that minor accept and agree to be bound by these Terms, and you are responsible for all use of and actions taken on the website.

3. Use of Our Website

The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The Harris Legacy Project grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license. For greater certainty, The Harris Legacy Project, in its sole discretion, may also terminate or suspend your license to use the website for any reason or no reason, with or without notice to you.

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The Harris Legacy Project is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.

All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.

4. Trademark and Copyright Information

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Harris Legacy Project.

You further agree not to reproduce, duplicate or copy content from our website without the express written consent of The Harris Legacy Project, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without The Harris Legacy Project’s prior written approval.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

5. Your Feedback and Usage Information

You grant to The Harris Legacy Project a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.

6. Your Privacy

We respect your right to privacy. All personal information that we may collect via our website is handled in accordance with our Privacy Statement, which is accessible at: /legal/privacy-policy

7. Your Conduct

In your dealings with us, including to the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

  1. is unlawful;
  2. includes personal or identifying information about another person without that person’s explicit consent;
  3. impersonates any person or entity, including, but not limited to, a The Harris Legacy Project employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  4. involves, provides, or contributes any false, inaccurate, or misleading information;
  5. in any manner violates any third party right or any agreement between you and a third party;
  6. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  7. is harmful, threatening, abusive, harassing, defamatory, pornographic;
  8. harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, such determination to be made in The Harris Legacy Project’s sole discretion;
  9. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  11. disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
  12. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

You will be solely responsible and liable for any and all loss, damage and additional costs that may be incurred by you, The Harris Legacy Project or any other person as a result of your submission of any information on or through our website, including violations of any of any third-party intellectual property rights in any of your content.

8. Disclaimer Regarding Third Party Content

Our website may offer access to third party websites and content available over the Internet. The Harris Legacy Project generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by The Harris Legacy Project of such content. You further agree that The Harris Legacy Project shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

9. Disclaimer of Warranties and Liability

OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Harris Legacy Project does not warrant the accuracy or completeness of the Content. We make no representation or warranty that the website will operate error free or in an uninterrupted fashion, or that the website, or any files or information that you download from the website, will be secure and/or free of malicious code. The Harris Legacy Project and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CDN $100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, The Harris Legacy Project may make changes to our website at any time without notice. However, The Harris Legacy Project makes no commitment to update the information contained herein.

10. Indemnity

You agree to indemnify and hold The Harris Legacy Project and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

11. Independent Relationship

Nothing in these terms of use shall be construed as forming a partnership or joint venture between The Harris Legacy Project and you. Neither party to these terms of use will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that The Harris Legacy Project is acting independently from you, and that The Harris Legacy Project will not be deemed, under any circumstances, to be your employee or agent for any purpose.

12. General Matters

These terms of use constitute the entire agreement between you and The Harris Legacy Project regarding your use of our website, superseding any prior agreements between you and The Harris Legacy Project. These terms of use and the relationship between you and The Harris Legacy Project shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and The Harris Legacy Project agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.

The failure of The Harris Legacy Project to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under these terms of use; The Harris Legacy Project may assign any of its rights or obligations under these terms of use any time without notice to you. These terms of use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.