Terms of Use

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Last updated on April 2018.

ACCEPTANCE OF TERMS

Welcome to the Internet site of 50 Sussex, The Royal Canadian Geographical Society’s Centre for Geography and Exploration. By using the 50 Sussex site, or any of the products or services available on the 50 Sussex site you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”), all as may be modified from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the 50 Sussex site or any of the Services on the 50 Sussex site.

USER CONDUCT

In consideration of the availability, and your use, of the 50 Sussex site you agree to comply with all applicable laws and these Terms and Conditions when using the 50 Sussex site. You acknowledge that The Royal Canadian Geographical Society (RCGS) may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the 50 Sussex site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the 50 Sussex site or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, or other harmful or disruptive component; and
post, transmit, link to, or otherwise make available any material that infringes any patent, trade-mark, trade secret, copyright or other intellectual property or proprietary right.

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the 50 Sussex site, you recognize that you are fully responsible for:

the online conduct of such minor;
controlling the minor’s access to and use of the 50 Sussex site; and
the consequences of any misuse by the minor.
You acknowledge that some of the areas of the 50 Sussex site may contain material that is inappropriate for minors.

Registration data and certain other personal information about you is subject to our Privacy Policy. You acknowledge that RCGS may from time to time, but is not obliged to monitor the 50 Sussex site or any content accessible through the 50 Sussex site. However, you agree that RCGS has the right to monitor the 50 Sussex site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the 50 Sussex site properly, or to protect itself or its users in accordance with the Privacy Policy.

RESTRICTIONS ON USE

You acknowledge that any and all information, content, reports, data, photographs, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the RCGS site (the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, is the property of RCGS or its licensees, or the respective owner as indicated. All Content is protected by Canadian and worldwide copyright laws and treaty provisions. RCGS and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the 50 Sussex site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content.

CONTENT LINKED TO THE 50 SUSSEX SITE

Please note that certain links on the 50 Sussex site may take you to other websites that are not necessarily under the control of RCGS. RCGS provides these links only as a convenience and not as an endorsement by RCGS. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. RCGS is not responsible for the accuracy or appropriateness of the content of any such linked sites or any other web page which is not part of the 50 Sussex site and under RCGS’s control. If you access any linked site, you do so at your own risk. Unless otherwise expressly provided, RCGS makes no representation or warranty regarding, and does not recommend or endorse, any linked site or the content appearing thereon. You agree that RCGS will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the 50 Sussex site.

DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found through the 50 Sussex site or including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. RCGS assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the RCGS will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

AMENDMENT AND WAIVER

For users of the 50 Sussex site, RCGS reserves the right, in its sole discretion, to add to, remove from, amend, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on the 50 Sussex site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of the 50 Sussex site. Your continued use of the 50 Sussex site after any such changes are posted will constitute acceptance of those changes. Further, RCGS reserves the right to change, modify, suspend or discontinue any aspect of the 50 Sussex site from time to time without notice or liability and for any reason whatsoever.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE CONTENT ON THE 50 SUSSEX SITE IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF RCGS, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “RCGS GROUP”) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, OR COMPLETENESS, AS WELL AS THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE; AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RCGS GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE 50 SUSSEX SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE 50 SUSSEX SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

INDEMNIFICATION

You agree at all times to indemnify, defend and hold harmless each member of the RCGS Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on the 50 Sussex site, against any and all claims, actions, proceedings, costs, damages, liabilities, expenses and demands whatsoever, including without limitation reasonable legal and accounting fees, sustained, incurred or paid by RCGS directly or indirectly resulting from or related to:

your breach of any of these Terms and Conditions;
your access to or use or misuse of the 50 Sussex site including without limitation infringement claims; or
your use or reliance on, or publication, communication or distribution of anything on or from the 50 Sussex site.

You will use your best efforts to cooperate with the RCGS Group in the defence of any claim. The RCGS Group reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE RCGS GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, AGGRAVATED, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER RCGS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE 50 SUSSEX SITE, OR
ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR
ANY OTHER MATTER RELATING TO THE 50 SUSSEX SITE EVEN IF THE RCGS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

GOVERNING LAW / SUBMISSION TO JURISDICTION

The 50 Sussex site is controlled, operated and administered by RCGS from its offices within Canada. RCGS makes no representation or warranty that the 50 Sussex site is appropriate or available for use at any locations outside Canada. If you access the 50 Sussex site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the 50 Sussex site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to this Section, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the 50 Sussex site or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the RCGS Group relating to any Claim and you also agree to opt out of any class proceedings against the RCGS Group. Notwithstanding the foregoing, RCGS reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

INTERPRETATION

The use of sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms of Service.

GENERAL PROVISIONS

These Terms and Conditions and you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between RCGS and you pertaining to your use of the 50 Sussex site and supersede any prior agreements between you and RCGS with respect to the subject matter hereof. RCGS’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof). No changes to these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.