OPEN ART Terms of Use
Please read the following Terms of Use carefully before using this Site. By using this Site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Site.
OPEN ART provides this Site (OPENART.ca) in support of the promotion and sale of ARTWORKS by Canadian visual artists and its brand and mission. Open Art is getting art in the open and integrating it into the places we frequent in our day-to-day lives where it can be seen and enjoyed and where its many values can be appreciated and realized. We are opening pathways to collecting for organizations that creates corporate value, sustains our collective artistic heritage, and is a catalyst to creating a dynamic and vibrant city that people want to visit, live and work in, and contribute to. OPEN ART may revise and update these Terms of Use without notice at any time. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and OPEN ART to be bound by the terms and conditions in these Terms of Service.
1. Conditional Use of this Site and our social media channels, involvement in OPEN ART memberships, programs, events, products, services and donations.
Your access to and use of this Site and its contents (the "Site") and our social media channels (including, Meta, X, LinkedIn, Tik Tok and YouTube) along with participation in membership, programs and events hosted by OPEN ART, products and services purchased and donations made to us is subject to the terms and conditions of these Terms of Use, including its Schedule A (collectively, the "Terms"), and all applicable laws. Your participation in the above activities signifies that you (the "User") accept and agree to these without any limitation or qualification. Please note we may change information on this Site and/or these Terms, at any time without notice. Any changes to the Terms become effective when the updated Terms are posted here. Your use of the Site and participation in the above activities following such changes indicates your acceptance of the revised Terms. You should regularly review these Terms for any changes.
2. Privacy Policy
We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information along with additional information contained in these Terms of Use.
3. General Restrictions
i. You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
ii. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
iii. You may not use any third parties' likenesses, names, and/or properties without their express permission.
iv. You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
v. We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
vi. We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
4. Trademark
The names, titles, trademarks, service marks, and logos that appear on the OPEN ART Site are registered and unregistered marks of OPEN ART. You may not use the OPEN ART Trademarks without OPEN ART’s prior, written permission.
The trademarks of third parties may also appear on the OPEN ART Site from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the OPEN ART Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the OPEN ART Trademarks or may be construed to mean that OPEN ART has authority to grant any right or license on behalf of any third-party trademark owner.
5. Copyright
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the OPEN ART Site are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. OPEN ART retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this Site may also subsist in individuals and entities other than, and in addition to, OPEN ART. Specific content such as articles, photos and images are subject to the copyright of their respective owners. All rights are reserved. Any unauthorized distribution, transmission or publication is strictly prohibited. OPEN ART expressly prohibits the copying of any protected materials on this Site.
6. Commercial use is prohibited.
Unauthorized downloading, publication or exploitation of OPEN ART’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose must request and receive prior permission. All requests to reproduce works of art from OPEN ART’s collection should be addressed directly to OPEN ART, info at OPENART.ca.
7. User Conduct
All information, text, images, audio, video, designs, names, logos, trade-marks, data, code or other information, material or content submitted by a user, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to us via this Site or one of our social media channels ("Submitted Content") is the sole responsibility of the person from which such Submitted Content originated and any such post, e-mail, transmission, uploading or other submission of such Submitted Content is subject to the Submission Release Terms and Conditions referred to in Section 8 below. You also acknowledge and agree that you are entirely responsible for all Submitted Content that you post, e-mail, transmit, upload or otherwise submit via this Site and/or pursuant to the services we make available via this Site (the "Services"), including, without limitation, the accuracy of such Submitted Content. We do not control the Submitted Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitted Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitted Content that:
i. is offensive as determined by the OPEN ART, in our sole and unfettered discretion, including, without limitation, Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. could be harmful to minors;
iii. harasses or advocates harassment of another person;
iv. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
v. promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vii. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
viii. displays pornographic or sexually explicit material of any kind;
ix. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
x. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
xi. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xii. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
xiii. engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
xiv. contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or this Site and any world wide web pages or any operating system software or hardware on which such Content, Service or Site is operated or displayed except as specifically designed into the Content.
We shall have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable, in the OPEN ART’s sole and unfettered discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and/or the public.
8. Submitted/Uploaded Content
You agree that by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitted Content materials to any content generating or submitting Service on this Site including, without limitation, to any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions set out as Schedule "A" to these Terms and incorporated into these terms by reference.
Please read the applicable submission release terms and conditions before posting, e-mailing, transmitting, uploading or otherwise submitting any content whatsoever to this Site or Service. Any such posting, e-mailing, transmitting, uploading or other submission of content to this Site or Service will indicate that you accept and agree to be bound by the applicable submission release terms and conditions. Without limiting the generality of the Submission Release Terms and Conditions, under no circumstances shall any disclosure of any Submitted Content or related material to us be subject to any obligation of confidentiality or expectation of compensation. By submitting Submitted Content or any related material, you are waiving any and all rights that you may have in the Submitted Content or any related material and are representing and warranting that the Submitted Content (and all parts of it) or any related material are wholly original with you, that no one else has any rights in the submitter content or any related material and that we are free to implement, publish, distribute, reproduce, communicate (and authorize the communication of), transmit, modify and otherwise exploit the submitter content (including any idea and/or suggestion) and to use the related material if we so desire without obtaining permission or license from any third party.
9. Waiver
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
i. The use of the Site is at your own risk and is provided to you "as is"; and
ii. To the fullest extent permitted by law, we and our related parties disclaim all warranties regarding the Site, and shall not be responsible or liable for any damages due to: statements, errors or omissions in the Site; content infringing any third party's rights; viruses that may be transmitted to your computer; linking to any other Site or its nature or contents; or any other matter regarding this Site and your use of it.
10. Events
From time to time, we host events. We may also work with third parties who host events to benefit us.
Unless otherwise set out in the event rules, the following terms apply to all events:
i. By participating in any event, participants are deemed to recognize that the event has or may have an inherent risk of injury and shall take all necessary precautions. Each entrant releases and holds harmless the Open Art and the event host, its affiliated and related companies and advertising, promotional agencies and all of their respective directors, officers, shareholders, members, employees, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the event and all liability for any injuries, loss or damage of any kind arising from or in connection with the event or any prize won at such event.
ii. If any prizes are awarded in the event, they must be accepted as awarded and may not be transferred, exchanged or refunded. We reserve the right, in our sole discretion to substitute a prize of equal or greater value.
iii. We reserve the right in our sole discretion to, without advance notice, terminate or suspend an event, in whole or in part, or modify it in any way.
11. Third Party Links
This Site may contain links to other websites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these websites or their content, products, services or privacy policies. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your system. You should take notice when you leave this Site and read the privacy policies and terms of these other websites. You should also independently assess the authenticity of any website which appears or claims that it is one of our Sites (including those linked to through an email).
12. Warranty and indemnification
By using the OPEN ART Site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold OPEN ART, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the OPEN ART Site.
13. Governing Law
We control and operate the Site from Vancouver, British Columbia, Canada (regardless of where hosting servers are located).
Except for residents of Quebec, all matters relating to the Site are governed by and construed in accordance with the laws of the Province of British Columbia, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the City of Vancouver.
For residents of Quebec, all matters relating to the Site are governed by and construed in accordance with the laws of the Province of Quebec, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the City of Montreal.
14. Disclaimers and Limitation of Liability;
The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.
THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREON (INCLUDING THE SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONTENT IS THE RESPONSIBILITY OF THE PERSON THAT ORIGINATED SUCH CONTENT. NEITHER WE, NOR OUR AFFILIATES GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICES, CONTENT AND FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.
a. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE OPEN ART, ITS AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICES OR FUNCTIONALITY MADE AVAILABLE THERETHROUGH).
Schedule A
Submission Release Terms and Conditions
With respect to Photos, we cannot publish your photographic materials or images ("Photos") if you do not own all rights in them and have permission from those who may appear in your Photos to publish the Photos. Accordingly, you grant to us a non-exclusive and royalty-free right and license, (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate the Photo in whole or in part, or any part thereof, (i) on any OPEN ART Site now existing or to be created and however configured for any electronic distribution platform or device whether fixed or mobile (whether now known or to be devised and including, without limitation, phones, personal digital assistant, pagers and other wireless enabled devices and applications).
2. You represent and warrant that:
1. You own or control all of the rights in and to your Photo and the Submitted Content. The Photo and Submitted Content and every one of their component elements are wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licenses in order to authorize use of your Photo or Submitted Content for the above purposes;
2. You have the right to grant the rights granted to us in this license. No further permissions, consents or payments are required from or to, any third party in connection with our use of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with our rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;
3. The Submitted Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order; and
4. This license, the Photo and the Submitted Content shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with the exercise of our rights. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Photo or the Submitted Content to any guild, organization, corporation or collective or other person or entity whatsoever.
3. We are the sole owner of all rights (including copyright) in the Site and in this capacity shall have the right to use the Photo in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Photo to accommodate publication requirements; and to add to, delete from, edit, alter and otherwise combine the content with any other content in any manner and in any media whatsoever.
4. You hereby agree to indemnify and hold the OPEN ART and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver or by our use of the Photos or the Submitted Content.