Terms of Use

Welcome to the Inuit Art Quarterly Profiles managed by the Inuit Art Foundation (the “Foundation”). The Foundation has created this web portal to enable artists and contributors to add, update and edit public artist profile entries.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE IAQ PROFILES. THE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE IAQ PROFILES AND RELATED SERVICES, EXEMPTS THE FOUNDATION AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE IAQ PROFILES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE IAQ PROFILES.

Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and the Foundation regarding your access to and use of the IAQ Profiles located at www.iad.inuitartfoundation.org (the “IAQ Profiles”). Each time you access or use any aspect of the IAQ Profiles, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the IAQ Profiles. These Terms of Use are in addition to any other agreement you may have with the Foundation.

Changes

Foundation in its discretion may change these Terms of Use at any time by posting the changed Terms of Use on the IAQ Profiles at www.iad.inuitartfoundation.org. The changed Terms of Use are effective immediately upon posting on the IAQ Profiles, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the IAQ Profiles after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

Permissible Users

If you are not the age of majority in your jurisdiction of residence you should obtain the permission of your parent or legal guardian to access and post on the IAQ Profiles. The IAQ Profiles may not be used by an individual in jurisdictions where access to or use of the IAQ Profiles or any part of it may be illegal or prohibited. You may not use the IAQ Profiles if you breach these Terms of Use or if your permission to use the IAQ Profiles has been suspended or terminated by the Foundation.

Other Agreements with Foundation

These Terms of Use relate to the IAQ Profiles public biographical content only. Use of your image and other content are governed by other applicable agreements and releases prescribed by the Foundation.

Personal Information Privacy

By using the IAQ Profiles you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with Foundation’s Privacy Policy (available online) as amended from time to time and as otherwise permitted by applicable law.

Permissible Use

  • When you request to create an account on the IAQ Profiles, you grant the Foundation the right, in its sole discretion, to use the name that you submit in connection with such content.
  • You may use the IAQ Profiles solely for your lawful, personal, non-commercial purposes, in the manner permitted by the IAQ Profiles, and subject to these Terms of Use and all applicable laws. Using the IAQ Profiles for any other purpose or in any other manner is strictly prohibited.
  • The IAQ Profiles and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of the Foundation.
  • If you do post content or submit material, and unless we indicate otherwise, you grant the Foundation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • By requesting user access to contribute content, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Inuit Art Foundation for all claims resulting from content you supply.
  • The Foundation has the right but not the obligation to monitor and edit or remove any activity or content. The Foundation takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle personal information that you submit, please review our Privacy Policy.

User Authentication

  • IAQ Profiles users can be authenticated (verified as the correct person) by the Foundation by using IAQ Profiles passwords or by contacting a potential user directly by the provided contact information.
  • IAQ Profiles users do not have the system privileges to create or delete biographical entries. All submissions will be reviewed and approved by Inuit Art Foundation administrators.
  • If you use the IAQ Profiles, you are responsible for maintaining the confidentiality of login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
  • The Foundation reserves the right, but is not obliged, to refuse service, terminate accounts, or remove or edit content in its sole discretion.
  • Visitors to the IAQ Profiles may submit suggestions, ideas, comments, questions, or other information about your biographical entry, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
  • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. The Foundation reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.

Editing and Suggesting an Edit Policies

While we encourage you to contribute and take part in creating the IAD, you should read the following policies and follow them:

  1. Do not add content that obviously fits other sections of IAQ Profiles: We do not want to replicate information that can easily fit in one of our existing entries. Hard data such as histories, publications, performances, exhibitions, etc. are going to be edited and managed via the regular submission process.
  2. Before editing or requesting an edit to another person’s biography - stop, think and assume the other side point of view: Understand that the other contributor thinks that he was right in editing. Therefore, if you find a mistake correct it but not if you simply disagree.
  3. Respect other contributors and interact in a relaxed and friendly atmosphere: As IAQ Profile contributors come from many different backgrounds, and have widely different views, treating others with respect is key to collaborating effectively. Be civil and avoid making personal attacks or sweeping generalizations.
  4. Do not vandalize: Vandalism is any addition, deletion, or change of content made in a deliberate attempt to compromise the integrity of IAQ Profiles.

While you should expect that other contributors may suggest an edit, the Foundation will enforce a zero tolerance policy on users who violate the user policies. Violators will lose all rights associated with an authenticated account. Users who lose their authentication rights due to violations of the user policies will not be able to regain them.

Ownership of IAQ Profiles

Copyright © 2017 Inuit Art Foundation. All rights reserved. The IAQ Profiles and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the IAQ Profiles, and the design, structure, selection, arrangement and look and feel of those elements and the IAQ Profiles as a whole) and all related proprietary rights (including copyright and trademarks) are owned solely by Foundation and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the IAQ Profiles does not transfer to you any right, title or interest in, to or associated with the IAQ Profiles or its content. All rights not expressly granted by these Terms of Use are reserved by the Foundation.

Linked Sites

For your convenience, the IAQ Profiles may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from the Foundation, and Foundation does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Foundation arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

Prohibited Activities

You will not: (a) circumvent the ordinary navigational structure or presentation of the IAQ Profiles or its content; (b) access or obtain the IAQ Profiles content or other data by any means that is not purposely made available to you by the IAQ Profiles; (c) gain unauthorized access to any part of the IAQ Profiles or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the IAQ Profiles or interfere with the proper working of the IAQ Profiles, any transaction being conducted through the IAQ Profiles, or any other person’s use of the IAQ Profiles. Framing, mirroring, scraping or data-mining the IAQ Profiles or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the IAQ Profiles or to post comments, communications or any other data of any kind to or on the IAQ Profiles with the intention that the posting may be viewed by other users of the IAQ Profiles. Deep links to a website without the express written permission of the Foundation are strictly prohibited. The Foundation in its discretion may cancel and revoke any permission it may give to link to the IAQ Profiles at any time and without any notice or liability.

Complaints/Copyright Infringement Notices

The Foundation will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of these terms and conditions and user policies or other alleged misconduct, including removing any and all offending submissions and postings from the IAQ Profiles without any notice or liability to your or any other person. Foundation is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands they may receive regarding any materials submitted or posted to the IAQ Profiles or otherwise used in connection with the IAQ Profiles before Foundation takes remedial action regarding the materials.

If you have a complaint regarding the IAQ Profiles or content posted on the IAQ Profiles, please send an email with details of your complaint to contact@inuitartfoundation.org.

Disclaimer

FOUNDATION DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE IAQ PROFILES. YOUR USE OF THE IAD IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IAQ PROFILES IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY FOUNDATION TO THE FULLEST EXTENT PERMITTED BY LAW.

Liability Exclusions/Limitations/Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL FOUNDATION GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE IAQ PROFILES OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE IAQ PROFILES). IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE FOUNDATION GROUP IS LIABLE TO YOU OR ANY OTHER PERSON RELATING TO THE IAQ PROFILES OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE IAQ PROFILES), THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL FOUNDATION GROUP’S TOTAL AGGREGATE LIABILITY EVER EXCEED CDN$5.00. THIS SECTION 0 APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY FOUNDATION OR ANY PERSON FOR WHOM FOUNDATION IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR FOUNDATION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED. YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FOUNDATION GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES, EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE IAQ PROFILES (INCLUDING YOUR COMMENTS OR POSTING OF MATERIALS TO THE IAQ PROFILES) OR ANY NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. NOTWITHSTANDING THE FOREGOING IN THIS SECTION 0, FOUNDATION GROUP RETAINS THE RIGHT TO PARTICIPATE (WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE) IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING.

IN THIS SECTION, “FOUNDATION GROUP” MEANS FOUNDATION AND EACH OF ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

Changes to IAD / Termination of Use

If you breach these Terms of Use, you may no longer use the IAQ Profiles. Notwithstanding any other provision of these Terms of Use, Foundation in its discretion and for its sole convenience may: (a) change, discontinue, modify, restrict, suspend or terminate the IAQ Profiles or any of its content at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the IAQ Profiles at any time without any notice or liability to you or any other person.

If your permission to use the IAQ Profiles is terminated for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the IAQ Profiles.

Governing Law and Disputes

These Terms of Use, your use of the IAQ Profiles and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

All disputes arising from, connected with or relating to these Terms of Use, your use of the IAQ Profiles or any related matter will be resolved before the Supreme Court of Alberta sitting in the City of Calgary, and you and Foundation each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that Foundation in its discretion may commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect Foundation’s rights in, to and associated with the IAQ Profiles, and its content.

Other Matters

No consent or waiver by Foundation to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Foundation or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Foundation’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Foundation may be lawfully entitled under these Terms of Use or at law, and Foundation will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and Foundation and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Foundation’s express prior written consent, which consent may be withheld in Foundation’s discretion. Foundation may, without your consent, assign these Terms of Use or any of Foundation’s rights, duties or obligations under these Terms of Use.

In these Terms of Use: (a) a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) words importing the singular number only include the plural and vice versa; (d) words importing a gender include both genders; (e) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society and any other legal entity; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” means a person’s sole, absolute and unfettered discretion.

These Terms of Use set forth the entire agreement between you and Foundation regarding your use of the IAQ Profiles. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and the Foundation regarding the IAQ Profiles.

You and the Foundation have each expressly requested and required that these Terms of Use be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.