The Inuit Art Foundation’s services (“Services”) include (i) making the Website available to the Inuit Art Foundation’s end-users (“Users”), as well as any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software, hyperlinks, embedded links, and other types of content (“Content”); (ii) making available to Users certain Content on a subscription basis (“Subscriptions”); (iii) providing newsletters to Users who subscribe or who elect to receive newsletters as part of a trial; and (iv) making available and/or providing to Users certain other products, features and offerings via the Website or offline.

You may contact the Inuit Art Foundation by email at [email protected] with questions about these TOS.

Please read these entire TOS carefully before using or purchasing services.

These TOS contain important information regarding Your rights and obligations, as well as conditions, limitations, and exclusions that might apply to You, including: disclaimers regarding the services and products; an indemnity from You; limitations on and exclusions of liability; an agreement to mandatory arbitration, which means that, to the extent permitted by law, You agree to submit any dispute related to peak relief or these TOS to binding arbitration rather than proceeding in court; a class action waiver, which means that, to the extent permitted by law, You agree to proceed with any dispute individually and not as part of a class action; a jury waiver; and a forum selection clause.

By using the services, purchasing subscriptions, or by clicking the appropriate “accept”, “submit”, “get started”, or “subscribe” button, You are agreeing to be bound by these TOS. If You are agreeing to these TOS on behalf of another person or entity, then You represent and warrant to the Inuit Art Foundation that (i) You have the authority to bind that person or entity to these TOS; (ii) You have read and understand these TOS; and (iii) You agree, on behalf of such person or entity, to these TOS.

If You do not agree to be bound by any part of these TOS, You must not use the services and must cease any use of the services immediately.

1. You must be of legal age

You may not use the Services, or order Products or additional Services, if You are not of legal age to form a binding contract under the jurisdiction under which You reside.

2. Accounts

In order to use certain features of the Services, including viewing and receiving certain Content exclusive to Subscriptions, You must set-up an account with the Inuit Art Foundation (an “Account”). Accounts can be set-up (i) by creating a username and password, (ii) by providing the Inuit Art Foundation Your email address and creating a password, or (iii) through a third party social networking service accounts (“SNS”), such as Facebook. Such login methods are referred to in these TOS as “Login Methods”. The Inuit Art Foundation reserves the right to reject any Account registration in the Inuit Art Foundation’s sole discretion. If You create an Account, then You represent, warrant and covenant to the Inuit Art Foundation that: (i) You will provide true, accurate, current and complete information; (ii) You will maintain and promptly update the information You provide to the Inuit Art Foundation; and (iii) You will not enter any irrelevant data into any form or data entry field other than the data requested by the Inuit Art Foundation for such field. If You provide, or the Inuit Art Foundation reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then the Inuit Art Foundation has the right to suspend or terminate any Account and refuse any and all current or future use of the Services. As part of Account setup, You may be asked to provide certain information, such as: name, address, email, and billing and payment information (e.g. credit card information). If You sign-up for a trial, You will be asked to provide the Inuit Art Foundation with Your email address. Please see Section 4 “Privacy Policy”, below, regarding collection, use and disclosure of personal information.

3. Organizational accounts

Where You are an organization or entity that entered into these TOS with the Inuit Art Foundation, then the Inuit Art Foundation may issue You either (i) one organizational/entity administrator Account (“Admin Account”) that provides You with the with the capability to create user accounts (each, a “Personnel User Account”) for Your employees or independent contractors that You wish to have access to and use of the Services on Your behalf; or (ii) individual Personnel User Accounts for use by specified individuals who are employees or independent contractors that You wish to have access to and use of the Services on Your behalf. Such admin users and such individual users are referred to as “Your Users”. You will ensure that Your Users only use the Services through the applicable Admin Account or Personnel User Account. You will not allow any of Your Users to share the Admin Account or Personnel User Account with any other person. You will promptly notify the Inuit Art Foundation of any actual or suspected unauthorized use of the Services. The Inuit Art Foundation reserves the right to suspend, deactivate, or replace the Personnel User Account and/or Admin Account if it determines that the account may have been used for an unauthorized purpose.

4. Privacy policy

Your privacy is important to the Inuit Art Foundation and the Inuit Art Foundation’s Privacy Policy, available at https://thelogic.co/privacy-policy/, explains how the Inuit Art Foundation collects, uses, discloses and protects Your personal information. The Privacy Policy is incorporated by reference into and forms a part of these TOS. The Inuit Art Foundation collects, uses and discloses personal information about You for reasons that include making the Services available and selling Subscriptions. For instance, as part of purchases, You may be asked to provide certain information, such as: name, address, email, and billing and payment information (e.g. credit card information). The Inuit Art Foundation’s third party providers, such as its payment service providers, may receive Your personal information in order for the Inuit Art Foundation to provider Services.

5. Log-in methods

You are solely responsible for the confidentiality and security of Your Login Methods, and for all activities that occur under Your Account. The Inuit Art Foundation is not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Login Methods and/or Account.

6. Limited use of services; Reservation of rights

Subject to the terms and conditions of these TOS, the Inuit Art Foundation may make available to You for Your use: (i) the online portion(s) of the Services available to Users that do not have an Account; and (ii) if You have purchased a Subscription, the online portions of the Services available to Subscription holders. The Inuit Art Foundation expressly reserves all rights not expressly granted in these TOS.

7. Acceptable use; Compliance with laws

The Inuit Art Foundation has an Acceptable Use Policy regarding use of the Services (“Acceptable Use Policy”). The Acceptable Use Policy can be found here. You agree to abide by and not violate the Acceptable Use Policy. If You breach the Acceptable Use Policy, or any other provision of these TOS, the Inuit Art Foundation may take whatever steps we deem necessary to protect the Services, the Inuit Art Foundation, the Inuit Art Foundation’s business, the Inuit Art Foundation’s and its supplier’s infrastructure, and the Inuit Art Foundation’s other Users, including, suspending Your use of any of the Services and/or terminating Your Account. You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use of the Services and purchase of Subscriptions.

8. Trials; Subscription plans, periods & renewals

You can sign-up for a trial to receive the Inuit Art Foundation’s newsletters. The trial period begins on the day You subscribe to the trial and lasts until You unsubscribe or until the Inuit Art Foundation revokes the trial. You acknowledge and agree that the Inuit Art Foundation may revoke any trial at any time for any reason. Current Subscription plans and pricing can be found here. All Subscription fees are non-refundable. Subscription periods for monthly subscriptions are for 1 month and automatically renew unless You provide the Inuit Art Foundation with notice of Your cancellation, via Your Account dashboard available here at least 30 days prior to the renewal date. You will be billed on or about the same day each month until such time that You cancel. Subscription periods for annual subscriptions are for 1 year and automatically renew each year on the anniversary of Your initial annual subscription purchase unless You provide the Inuit Art Foundation with notice of Your cancellation, via Your Account dashboard available here at least 30 days prior to the renewal date. You will be billed on or about the same day each year until such time that You cancel. NOTE: You may not cancel or reduce the number of authorized users, or downgrade Your Subscription plan, until such anniversary date. If You select the monthly Subscription plan, You can switch to an annual Subscription plan at any time. If You select the annual Subscription plan, You may not change to a monthly Subscription plan until the end of the 1-year term of Your annual Subscription plan.

9. Pricing; Fees; Taxes

Current Subscription plans and pricing can be found here. If You choose to purchase Subscriptions, then You agree to pay the Subscription fees as quoted to You when You purchase such Subscriptions. All Subscription fees are non-refundable. If Subscription fees change, then the Inuit Art Foundation will provide You with at least 30 days’ notice. Your continued use of the Services after the change indicates Your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Pricing for other Services offered by the Inuit Art Foundation will be made available on the Website, as updated from time-to-time. Although great care is taken in the production of the Services and description of the Services, typographical, illustrative or pricing errors may occur. The Inuit Art Foundation reserves the right to correct errors at any time. All prices are quoted and are payable in Canadian Dollars and, unless otherwise stated, are quoted before GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

10. Payments

If You purchase a Subscription or other Service, then You must provide the Inuit Art Foundation with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize the Inuit Art Foundation to charge Your provided payment method for the Subscriptions You have selected and for any other paid feature(s) that You choose. You understand that failure to pay any charges or fees may result in the suspension or cancellation of Your Subscriptions. All payments are processed by the Inuit Art Foundation’s third party payment providers, currently Braintree (which uses Moneris as a payment processor provider) and Interac (for e-transfer). Braintree’s payment services are governed by its services agreement, available at braintreepayments.com/en-ca/legal/payment-services-agreement-ca. Interac’s terms of use for payment services are available at interac.ca/en/interac-e-transfer-terms-of-use.html. Such terms, and not these TOS, govern such payment processing and e-transfers. The Inuit Art Foundation has no liability arising from Your use of the Inuit Art Foundation’s third party payment providers, or for any arrears therefrom. You acknowledge and agree that such third parties may apply a fee for such payment services, which may change without notice from time to time, subject to the terms and conditions set out by such processor or Interac. If there are chargebacks, then the Inuit Art Foundation may charge You for any related fees, collection fees, convenience fees, or other third party charges.

11. Billing

The Inuit Art Foundation may bill in advance, at the time of purchase, or shortly after purchase. In addition, Subscriptions will be billed on a recurring basis. To the extent the Inuit Art Foundation has not received Your payment, in order to bring Your Account up to date, the Inuit Art Foundation may bill You simultaneously for both past due and current amounts. If You do not cancel Your Account or Subscription, then the Inuit Art Foundation may automatically renew Your Subscriptions and charge You for any renewal term.

12. Your content and feedback
 
In connection with Your use of the Services, You may have occasion to upload, submit, post, display, transmit, communicate, or otherwise make available to the Inuit Art Foundation (i) Content via the Services (“Your Content”); and (ii) ideas, suggestions, commentary or feedback regarding the Services (collectively, “Feedback”). None of Your Content or Feedback may violate the Acceptable Use Policy, which can be found here. You grant the Inuit Art Foundation a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use (including to transmit, process, disclose, reproduce, modify, publish, make available, reproduce, edit, translate, display, perform, and make derivative works of) any of Your Content and Feedback, without obligation or restriction of any kind on account of intellectual property rights or otherwise, in connection with: (i) the Inuit Art Foundation’s provision of the Service; (ii) the Inuit Art Foundation’s business; (iii) as otherwise contemplated by these TOS; or (iv) as required by law, rule or regulation or order. You waive any and all of Your moral rights in the Feedback and Your Content. You acknowledge and agree that Your Content may be made available via the Services and may be used by others. You grant other Users the right to use Your Content, including to view, reproduce, modify, distribute, display, and perform such content via the Services. You represent and warrant to the Inuit Art Foundation that You have all rights necessary to grant the foregoing licenses. The Inuit Art Foundation may review, monitor, and/or remove any Feedback and/or Your Content at the Inuit Art Foundation’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.

13. Responsibility for content

You are solely responsible for all of Your content and for Your use of the Inuit Art Foundation Content. Under no circumstances will the Inuit Art Foundation be liable in any way for any content appearing on the services, including any content provided by the Inuit Art Foundation (“the Inuit Art Foundation Content”) or any of Your content or the content provided by any other users (collectively, “User Content”). The Inuit Art Foundation does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or the Inuit Art Foundation Content. You understand that, in using any of the Services, You may be exposed to Content that might be offensive, harmful, inaccurate inappropriate, mislabeled or deceptive. The Inuit Art Foundation stores User Content at the direction, request and with the authorization of its Users. The Inuit Art Foundation acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content. The Inuit Art Foundation plays no active role in the presentation or use of User Content, and the Inuit Art Foundation does not review or have any obligation to monitor any User Content.

14. Disclaimers

Use of the services, the Inuit Art Foundation Content and User Content, is solely at Your own risk. The Inuit Art Foundation does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or the Inuit Art Foundation Content. The services, the Inuit Art Foundation Content and User Content are made available and provided “as is” and “as available”. To the maximum extent permitted by law, the Inuit Art Foundation hereby disclaims any and all representations, warranties, guarantees and conditions in respect of the services, the Inuit Art Foundation Content and User Content. The disclaimers in this section 14 apply to any and all representations, guarantees, warranties and conditions, whether statutory, collateral, implied, express or arising through a course of dealing or trade, including any representation, guarantee, warranty or condition: (i) of quality, fitness for particular purpose, merchantability, merchantable quality, non-infringement, currency, completeness, reliability, accessibility, availability, uninterrupted use; (ii) that the services, the Inuit Art Foundation Content or User Content will meet any requirements or achieve any intended result; and (iii) the services, the Inuit Art Foundation Content and User Content will be error-free or secure. No oral or written information or advice given by the Inuit Art Foundation will create any representation, guarantee, warranty or condition.

15. Limitations on and exclusions of liability

In no event will the total aggregate liability of the Inuit Art Foundation in connection with or under these TOS exceed the greater of (i) the amount paid by You to the Inuit Art Foundation pursuant to these TOS in the 4-month period immediately preceding the event giving rise to the claim; and (ii) cad$100. The existence of one or more claims under these TOS will not increase this maximum liability amount. To the maximum extent permitted under applicable law, in no event will the Inuit Art Foundation be liable under these TOS for any: (i) special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost savings, business, revenue, profit, data, content, use, or goodwill; (iii) business interruption; or (iv) costs for the procurement of substitute products or services. This section 15 applies to all causes of action whether in contract, tort (including negligence), fundamental breach, strict liability or any other legal or equitable theory, and even if the Inuit Art Foundation is advised in advance of the damages or losses in question or even if such damages or losses were foreseeable.

16. Causes beyond the Inuit Art Foundation's control

The Inuit Art Foundation will not be liable under these TOS because of a failure or delay in performing the Inuit Art Foundation’s obligations hereunder on account of any cause beyond the Inuit Art Foundation’s reasonable control, including Internet availability failures, wireless network failures, cloud service failures, service provider failures, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, and governmental action.

17. Intellectual property ownership

As between the Inuit Art Foundation and You, the Inuit Art Foundation reserves all right, title and interest (including all intellectual property rights) in and to Services and the Inuit Art Foundation Content. You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in Services or the Inuit Art Foundation Content. The Services and the Inuit Art Foundation Content are protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws All trademarks and other indicia of origin appearing on or in Services or the Inuit Art Foundation Content are the property of the Inuit Art Foundation or the Inuit Art Foundation’s providers, suppliers or licensors, unless otherwise indicated. You may not use any trademark or other indicia of origin for any purpose whatsoever. The Inuit Art Foundation or the Inuit Art Foundation’s providers, suppliers or licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally. Your Content is, as between You and the Inuit Art Foundation, Your property.

18. Reporting copyright infringement

The Inuit Art Foundation take claims of copyright infringement seriously. The Inuit Art Foundation will respond to notices of alleged copyright infringement that comply with applicable laws. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of “Copyright Infringement” of [email protected] and include in Your notice a detailed description of the alleged infringement. Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers’ fees) under applicable laws, rules and regulations.

19. External sources

The Inuit Art Foundation is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to the Services. If You access any third party website or service through the Services, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, the Inuit Art Foundation.

20. Indemnification

You agree to indemnify, defend and hold harmless the Inuit Art Foundation and its party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers’ fees) that arise from or relate to Your breach of these TOS. The Inuit Art Foundation has the right but not the obligation to participate in any defense or settlement.

21. Services updates; TOS amendments

The Inuit Art Foundation may, in the Inuit Art Foundation’s sole discretion, add or remove services, functionalities, content or features from or to the Services at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of Services and will be subject to these TOS. The Inuit Art Foundation may amend these TOS, or any provision thereof, with immediate effect at any time and without notice. Your use of Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOS in effect at the time of such use.

22. Termination, suspensions and after termination

The Inuit Art Foundation reserves the right to reject, suspend or terminate Services or Your use of all or any portion of Services at any time and for any reason, in the Inuit Art Foundation's sole discretion. The Inuit Art Foundation has no obligation to provide You with any notice of Your breach of these TOS, but the Inuit Art Foundation may choose to provide notice, and an opportunity to cure such breach, in its sole discretion. You may cancel Your Account at any time by visiting Your Account dashboard available here. There are no refunds for cancellation. The terms and conditions in these TOS will continue to apply to Your past use of Services, in the form in which it or they then-existed at the time of the subject use. Any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination. Termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to the Inuit Art Foundation.

23. Independent contractors

For all purposes, the Inuit Art Foundation and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.

24. Applicable Law

All matters relating to these TOS will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada applicable therein, as applicable, without regard to the conflicts of laws principles thereof. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these TOS.

25. Arbitration

You agree that any claim arising out of or in connection with these TOS, or in respect of any legal relationship associated with or derived from these TOS, will be resolved by final and binding arbitration under the simplified arbitration rules of the ADR Institute of Canada, Inc. The arbitration will take place in Toronto, Ontario, Canada. The language of the arbitration will be English. To the extent arbitration as described in this section 25 is prohibited by applicable law, then You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. This choice of jurisdiction does not prevent the Inuit Art Foundation from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

26. Waiver of class actions

You agree and acknowledge that You may only resolve disputes with the Inuit Art Foundation in connection with these TOS on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action.

27. Waiver of jury trial

The parties expressly waive the right to sue in court and have a jury trial. In the event any litigation should arise between You and the Inuit Art Foundation in a suit to vacate or enforce an arbitration award or otherwise, You and the Inuit Art Foundation waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.

28. Assignment

The Inuit Art Foundation may assign or transfer these TOS in whole or in part at any time without Your consent. You may not assign these TOS or assign, transfer or delegate Your Account or any of Your rights or obligations under these TOS. Any purported assignment or transfer in violation of this provision is void from the outset.

29. Severability; Entire agreement; Waiver

If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitutes the entire understanding, and supersedes all other understandings, between You and the Inuit Art Foundation concerning the subject matter hereof. No waiver of a right of a party under these TOS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.

30. Interpretation

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

31. Language of this agreement

It is the express wish of the parties that these TOS and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.