Terms
of Use
Please read carefully.
Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE
TERMS AND CONDITIONS CAREFULLY.
The da Vinci Project owns and operates this Web site, located
at http://www.davinciproject.com (the
Web site). This Terms of Use Agreement (this Agreement) states
the terms and conditions under which you may access and use the
Web site. By accessing and using the Web site you are indicating
your acceptance to be bound by the terms and conditions of this
Agreement. If you do not accept these terms and conditions, you
must not access or use the Web site.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES,
GUIDELINES OR PRACTICES OF THE DA VINCI PROJECT'S OPERATING WEB
SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
The da Vinci Project may revise this Agreement at any time by
updating this posting. Use of the Web site after such changes are
posted will signify your agreement to these revised terms. You
should visit this page periodically to review this Agreement.
Ownership.
All materials displayed or otherwise accessible through the Web
site, including, without limitation, news articles, text, photographs,
images, illustrations, audio clips, video clips, computer software
and code (collectively, the Content) are protected under Canadian
and foreign copyright or other laws, and are owned by The da
Vinci Project, its licensors or the party accredited as the provider
of the Content. In addition, the Web site is protected under
copyright law as a collective work and/or compilation pursuant
to Canadian and foreign laws. You shall abide by all additional
copyright notices, information and restrictions on or contained
in any of the Content accessed through the Web site. ANY USE,
REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR
DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION,
REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY
CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET
OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION
OF THE DA VINCI PROJECT.
Limited Licence.
Notwithstanding the foregoing, and subject to the terms and conditions
of this Agreement, you are hereby granted the right to access,
view and use the Web site for your personal, non-commercial use,
and are granted the right to download, store and print single
copies of items comprising the Content for your personal, non-commercial
use, provided that you maintain all copyright and other notices
contained in such Content.
Trademarks.
The da Vinci Project, the Electric Tulip Logo and the Rose Logo
are official marks or trademarks of The da Vinci Project. Other
names, words, titles, phrases, logos, designs, graphics, icons
and trademarks displayed on the Web site may constitute registered
or unregistered trademarks of The da Vinci Project or third parties.
While certain trademarks of third parties may be used by The
da Vinci Project under license, the display of third-party trademarks
on the Web site should not be taken to imply any relationship
or license between The da Vinci Project and the owner of said
trademark or to imply that The da Vinci Project endorses the
wares, services or business of the owner of said trademark. Nothing
contained on the Web site should be construed as granting you
any license or right to use any trademark logo or design of The
da Vinci Project or any third party, without the written permission
of The da Vinci Project or the respective owner of any third-party
trademark.
Disclaimer of Warranties.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND
USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE
WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. The da
Vinci Project MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION,
NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT
WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II)
THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION,
DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE
THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR
A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE
WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS
IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL
BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS
TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL The da Vinci Project,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING
TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS,
REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
THE FOREGOING LIMITATION SHALL APPLY EVEN IF The da Vinci Project
KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL The da Vinci Project, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING
IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN
IF The da Vinci Project HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL The da Vinci Project, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE
OF The da Vinci Project OR YOUR FAILURE TO PROTECT YOUR PASSWORD
OR ACCOUNT INFORMATION.
The da Vinci Project EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE
WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY,
THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL The da Vinci Project
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE
FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER
FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER;
AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT,
GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE
LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT,
MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO
THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE The da Vinci Project AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS
AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS
OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES
THROUGH THE WEB SITE.
No Advice.
The information contained on the Web site is for informational
purposes only. It is not intended to provide legal, accounting,
tax, investment, financial, medical, lifestyle or other advice
to you, and you should not rely upon the information to provide
any such advice.
Linking.
The Web site contains links to third-party web sites. These links
are provided solely as a convenience to you and not as an endorsement
by The da Vinci Project of the contents of such third-party web
sites. The da Vinci Project is not responsible for the content
of any third-party web site, nor does it make any representation
or warranty of any kind regarding any third-party web site including,
without limitation (i) any representation or warranty regarding
the legality, accuracy, reliability, completeness, timeliness,
suitability of any content on any third-party web site; (ii)
any representation or warranty regarding the merchantability
or fitness for a particular purpose of any material, content,
software, goods or services located at or made available through
such third-party web sites; or (iii) any representation or warranty
that the operation of the third-party web sites will be uninterrupted
or error free, that defects or errors in such third-party websites
will be corrected or that such third-party websites will be free
from viruses or other harmful components.
While The da Vinci Project encourages links to the Web site, it
does not wish to be linked to or from any third-party web site
which (i) contains, posts or transmits any unlawful, threatening,
abusive, libellous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including, without
limitation, any content constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, provincial, national or
international law or regulation which may be damaging or detrimental
to the activities, operations, credibility or integrity of The
da Vinci Project or which contains, posts or transmits any material
or information of any kind which promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual, could
be harmful to minors, harasses or advocates harassment of another
person, provides material that exploits people under the age of
18 in a sexual or violent manner, provides instructional information
about illegal activities, including, without limitation, the making
or buying of illegal weapons; or (ii) contains, posts or transmits
any information, software or other material which violates or infringes
upon the rights of others, including material which is an invasion
of privacy or publicity rights, or which is protected by copyright,
trademark or other proprietary rights. The da Vinci Project reserves
the right to prohibit or refuse to accept any link to the Web site,
including, without limitation, any link which contains or makes
available any content or information of the foregoing nature, at
any time. You agree to remove any link you may have to the Web
site upon the request of The da Vinci Project.
Software Licenses and Ownership.
All software embedded in or located on or at the Web site, including,
without limitation, all computer code of all types, including
all files and/or images contained in or generated by such software
(Software) is protected by copyright and may be protected by
other rights. All such Software is owned by The da Vinci Project,
its licensors or the party accredited with ownership of such
Software. You are hereby granted the right to access and use
the Software embedded and integrated into the Web site, subject
to (i) the terms and conditions of this Agreement, and (ii) any
additional conditions which may be imposed on your access and
use of such Software.
If the Web site provides Software for download, unless otherwise
provided, you are hereby granted, subject (i) to the terms of this
Agreement and (ii) to any other terms and conditions that may apply
to your downloading and use of such Software, a personal, non-transferable,
non-exclusive license to (i) install and run one copy of the Software
in object-code format on a non-networked computer for your personal,
non-commercial use; and (ii) to reproduce the Software only as
reasonably required to install, run and make reasonable backup
copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you
may not: (i) use, reproduce, modify, adapt, translate, upload,
download or transmit the Software in whole or in part; (ii) sell,
rent, lease, licence, transfer or otherwise provide access to the
Software; (iii) alter, remove or cover any trademarks or proprietary
notices included in the Software; and/or (iv) decompile, disassemble,
decrypt, extract or reverse engineer the Software or assist others
in doing so.
Other than the limited license granted herein, nothing contained
in the Web site shall be construed as granting you any right, title,
interest or other license in or to any Software embedded or integrated
into the Web site or made available for download from the Web site,
including, but not limited, to any intellectual property rights
in the Software.
All Software embedded or integrated into the Web site is provided
As Is, without warranties of any kind, either expressed or implied,
including, without limitation, any warranty (i) that the Software
is of merchantable quality or is fit for any particular purpose;
(ii) that the Software will conform with any specification(s) relating
to the Software; (iii) that the Software will be free from material
defects; (iv) that the Software contains no computer viruses or
other contaminants; or (v) that the Software shall process date-related
and time-related data without causing any processing interruptions,
abnormal termination or process or manipulate any time-related
data.
Submissions.
The Web site may provides features which allow you to post messages
and content, to participate in chat groups, to interact with
The da Vinci Project and other users and to upload files, documents
or other materials (collectively, Submissions). When using any
of the features of the Web site which allow you to post, upload
or make Submissions, it is a condition of your use of the Web
site that you observe the rules of netiquette and that you do
not: (i) restrict or inhibit any other user from using and enjoying
the Web site, interfere or attempt to interfere with the proper
workings of the site or do anything which in the sole discretion
of The da Vinci Project imposes an unreasonable or disproportionately
large load on The da Vinci Project website infrastructure; (ii)
post or transmit any unlawful, threatening, abusive, libellous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including, without limitation, any Submission
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any
local, state, provincial, national or international law or regulation;
(iii) post or transmit any Submission, including, without limitation,
articles, images, stories, software or other material, which
violates or infringes upon the rights of others, including material
which is an invasion of privacy or publicity rights or which
is protected by any intellectual property rights, including,
without limitation, copyright, patent, trade secret, trademark
or other proprietary rights herein, or derivative works with
respect thereto, without first obtaining permission from the
owner or rights holder; (iv) post or transmit any Submission
that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual, could be harmful to minors,
harasses or advocates harassment of another person, provides
material that exploits people under the age of 18 in a sexual
or violent manner, provides instructional information about illegal
activities, including, without limitation, the making or buying
of illegal weapons; (v) post or submit any Submission which solicits
passwords or personal identifying information for commercial
or unlawful purposes from other users; (vi) post or transmit
any Submission which contains a virus or other harmful component,
or provides or creates computer viruses; (vii) post or transmit
junk mail, chain letters, unsolicited mass mailing or spam; or
(viii) use the Web site for commercial purposes, including, without
limitation, posting, uploading or transmitting any Submissions
which contain advertising or which engage in commercial activities
and/or sales, or which involve contests, sweepstakes, barter,
advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Web site, you grant
The da Vinci Project a royalty-free, perpetual, non-exclusive,
irrevocable, unrestricted, worldwide license to: (i) use, reproduce,
store, adapt, translate, modify, make derivative works from, transmit,
distribute, publicly perform or display such Submissions for any
purpose; and (ii) to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights. In addition to the
grant of the above license, you hereby (i) agree to waive all moral
rights in any Submission in favour of The da Vinci Project; (ii)
consent to your name, address and e-mail appearing as the contributor
of any Submission, where applicable, and to the disclosure and/or
display of such information and any other information which appears
in or is associated with a Submission; (iii) acknowledge and agree
that The da Vinci Project is not responsible for any loss, damage,
or corruption that may occur to your Submissions; and (iv) acknowledge
and agree that any Submissions you provide for display on the Web
site will be considered non-confidential.
While The da Vinci Project cannot and will not review Submissions
before they are posted, The da Vinci Project reserves the right,
in its sole discretion, to edit or remove any Submission, whether
or not the Submission is in violation of the provisions hereof
or otherwise objectionable. You acknowledge and agree that The
da Vinci Project may, in its sole discretion, monitor the Web site
periodically and disclose any information as necessary to satisfy
any law, regulation or other governmental or Court request, to
operate the Web site properly or to protect itself or other users
of the Web site. Any such disclosure shall be in accordance with
The da Vinci Project's Privacy Policy.
The da Vinci Project is not responsible for the content of any
Submission. Submissions represent the views and opinions of the
person(s) posting the Submission and do not represent the views
or opinions of The da Vinci Project.
While The da Vinci Project is under no obligation to investigate
any complaint regarding any Submission, it may, in its sole discretion,
investigate complaints and take any actions it deems appropriate
in the circumstances, including, without limitation, removing the
offending communication from the Web site and terminating the submitting
party's right to access and use the Web site (or any portion thereof).
Online Commerce.
The Web site may allow you to purchase many different types of
products and services online that are provided by The da Vinci
Project (the Wares and Services). When ordering Wares and Services
on the Web site, you must provide complete and accurate personal
information consisting of your name, address, telephone number,
e-mail address, credit card information and shipping address,
as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. Your submission of an order
to us shall be deemed to constitute an offer to purchase, which
shall remain open for a reasonable time, unless we agree otherwise,
and will be deemed to be accepted by us only upon shipment of the
Wares and Services. The da Vinci Project, in its sole discretion,
reserves the right at any time after receipt of your order, without
prior notice to you, to supply less than the quantity you ordered
of any item. The da Vinci Project, in its sole discretion, reserves
the right at any time after receipt of your order, to accept or
decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services
is subject to change without notice and that the Wares and Services
are subject to availability. The sale of the Wares and Services
is void where prohibited by law. The da Vinci Project, in its sole
discretion, shall have the right, at any time after receipt of
your order, to decline your order for any reason. In the event
that the Wares and Services are listed at an incorrect price, due
to a typographical error or an error in pricing information, The
da Vinci Project, in its sole discretion, shall have the right
at any time after receipt of your order, to decline your order.
The Web site may allow you to purchase many different types of
products and services online that are provided by third parties
(the Third-Party Merchandise). The da Vinci Project is not responsible
for the legality, quality, accuracy, timeliness, reliability or
any other aspect of any Third-Party Merchandise. If you make a
purchase from a third-party web hosted by the Web site or linked
from the Web site, the information obtained during your visit to
any third-party web site and the information that you give, such
as your credit card number and contact information, is collected
by the third-party web site and not by The da Vinci Project.
You release The da Vinci Project and its officers, directors,
employees, agents and their respective successors and assigns from
any damages that you incur, and agree not to assert any claims
against them, arising from your purchase or use of the Wares and
Services or Third-Party Merchandise made available on the Web site
or by third-party web sites through the Web site.
Notice and Procedure for Making Claims of Copyright
Infringement.
It is the policy of The da Vinci Project to respond to claims of
intellectual property infringement. The da Vinci Project will promptly
process and investigate notices of alleged infringement and will
take any actions, in its sole discretion, it deems appropriate.
Notifications of claimed copyright infringement should be sent
to Brian Feeney- bfeeney@davinciproject.com
To be effective, the notification of infringement must be a written
communication that includes the following:
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
- Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number and, if available, an electronic mail address at which
the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law and;
- A statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Indemnity.
You agree to indemnify, defend and hold harmless The da Vinci Project
and its officers, directors, employees, agents, licensors and
their respective successors and assigns, from and against any
and all claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements resulting
directly or indirectly from: (i) your breach of any of the terms
and conditions of this Agreement; (ii) your access, use or inability
to access or use the Web site or any Web site to which the Web
site is or may be linked to from time to time; (iii) your use
of, reliance on, publication, communication or distribution,
uploading or downloading of anything on or from the Web site;
and/or (iv) your violation of any law or regulation.
Registration.
To use certain features of the Web site, you may be asked to register
with the Web site. You agree (i) to provide true, accurate, current
and complete information about yourself as prompted by any registration
form; and (ii) to maintain and promptly update the information
you provide to keep it true, accurate, current and complete.
If The da Vinci Project has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
The da Vinci Project has the right to suspend or terminate your
access to and use of the Web site (or any portion thereof). The
da Vinci Project's use of any personally identifying information
you provide as part of the registration process is governed by
the terms of The da Vinci Project's Privacy
Policy.
Passwords.
To use certain features of the Web site, you may also need a username
and password, which you will receive through the Website registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are responsible for all activities
that occur under your password or account. You agree to notify
The da Vinci Project immediately of any unauthorized use of your
password or account or any other breach of security, and to ensure
that you exit from your account at the end of each session. The
da Vinci Project cannot and will not be liable for any loss or
damage arising from The da Vinci Project'S failure or your failure
to protect your password or account information.
Security.
Please note that information sent or received over the Internet
is generally unsecure and The da Vinci Project cannot and does
not make any representation or warranty concerning security of
any communication to or from the Web site or any representation
or warranty regarding the interception by third parties of personal
or other information.
Termination.
The da Vinci Project may at any time, without notice, in its sole
discretion and without cause, terminate your right to access
or use the Web site, (or any portion thereof). The da Vinci Project
may also terminate your right to access and use the Web site,
or any part of the Web site, if you breach any term or condition
of this Agreement.
Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by The
da Vinci Project from its offices within the Province of Ontario,
Canada. By accessing or using the Web site, you agree that all
matters relating to your access to, or use of, the Web site and/or
the Content shall be governed by the laws of the Province of
Ontario and the laws of Canada, without regard to the conflict
of laws principles thereof. You agree and hereby submit to the
non-exclusive jurisdiction of the Federal Court of Canada and/or
the courts of the Province of Ontario with respect to such matters.
You agree that the provisions of the United Nations Convention
on Contracts for the International Sale of Goods shall not apply.
General.
Any consent by The da Vinci Project to, or waiver of, a breach
of this Agreement which you have committed, whether express or
implied, shall not constitute a consent to, or waiver of, any
other, different or subsequent breach. You may not assign or
transfer this Agreement or any right or obligation hereunder.
If any term or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, it shall be severed
and the remaining provisions shall remain in full force without
being invalidated in any way. This Agreement is not intended
to create a partnership, joint venture, or agency relationship
between the parties. Except for any agreements with The da Vinci
Project that expressly reference this Agreement, this is the
entire agreement between you and The da Vinci Project relating
to the matters contained herein. |
