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OAA Web site Terms of Use

 

Last updated APRIL 9, 2013

Please read this agreement carefully before using the services.

By using the website www.oaa.on.ca (The site), you signify your assent  to become bound without limitation or qualification by the terms and conditions of the Terms and conditions of the terms of use and such other additional or alternative terms, conditions, rules and policies, as amended-which are displayed or to which you may be directed (collectively the agreement). 

If you do not agree to all of the terms and conditions of the agreement, you do not have any right to use the services.

Services shall include, but not limited to, any services the OAA performs for you, as well as the offering of any materials displayed or performed on the site (including but will not be limited to text, graphic, news articles, photographs, images illustrations, audio clips and video clips, also known as the ‘content’ on the site.)

The OAA’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of this agreement, to the exclusion of all other terms; If these terms and conditions are considered and offer by the OAA, acceptance is expreely limited to these terms.            

1.  DESCRIPTION OF THE SITE.

This site is owned and operated by the Ontario Association of Architects (OAA), a self-regulating organization governed by the Architects Act, R.S.O. 1990 c.A.26, which is an Ontario statue. The OAA is dedicated to promoting and increasing the skill and proficiency of its members and administering the Architects Act so that the public interest may be served and protected. The purpose of the Site is to provide a forum for architects, architecture students and those interested in architecture to find information, exchange ideas, network, share social and professional opportunities.  The goal of the Site is to foster excellence by being user friendly, navigable, interactive and design focused.  The Site is accessed by you (“User” or “you”) under the following terms and conditions:     

2.  ACCESS TO THE SERVICES.

Subject to the terms and conditions of this Agreement, the OAA may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. The OAA may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. The OAA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. The OAA reserves the right, at its discretion, to modify this Agreement, or any Terms or Conditions, or the Content at any time by posting a notice on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the Terms and Conditions of this Agreement as modified. 

You certify to the OAA that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.   

The OAA will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs, or other unforeseeable or foreseeable reasons, or due to failure of telecommunications links and equipment. Every reasonable step will be taken by the OAA to minimize such disruption where it is within the OAA’s reasonable control. You Agree That Neither The Oaa Nor The Site Will Be Liable In Any Event To You Or Any Other Party For Any Suspension, Modification, Discontinuance Or Lack Of Availability Of The Site, The Services, Your User Content (As Defined Herein) Or Other Content.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.    

3. SITE CONTENT.Usage

You may download or copy the Content, and other items displayed on the Site for download, for personal, private and non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

Copying or storing of any Content for other than personal, private or non-commercial use is expressly prohibited without prior written permission from the OAA, or from the copyright holder identified in such Content's copyright notice (which must be obtained directly by the User and not by the OAA). All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any Content posted by a User) are proprietary to the OAA  and/or third parties. All rights are reserved.  You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

 The Site is protected by copyright as a collective work and/or compilation, pursuant to the Copyright Act, R.S.C. 1985, c. C-42 international conventions, and any other applicable copyright laws.  

http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html

 ou may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You acknowledge and agree that if you use any of the Services to contribute Content to the Site (“User Content”), the OAA is hereby granted a non-exclusive, perpetual, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit and make derivative works of such User Content (including all related intellectual property rights) in connection with offering, providing, marketing and promoting the Site and Services, in any medium now existing or developed in the future. You acknowledge and agree that User Content is intended to and will be made available to, and may be used by, other users.

Notwithstanding the foregoing, the Services may provide you with the ability to remove some or all of your User Content. Following any such removal, you acknowledge and agree that the OAA may continue using such User Content in the same manner and for the same purposes as it did prior to removal (such as, for example, User Content used in any advertising created prior to removal) and that the OAA shall have no responsibility or liability in respect of any User Content that has been shared with other users via the Services or that has been downloaded or copied by other users to other websites, systems and devices. 

To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by the OAA and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant the OAA and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that:    

(a) infringes, violates or otherwise interferes with any copyright or trademark of another party,

(b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it,

(c) infringes any intellectual property right of another or the privacy or publicity rights of another,

(d) is libelous, defamatory, obscene, profane, infringing, pornographic, abusive, indecent, threatening, harassing, hateful, stalking in nature, offensive or otherwise violates any law or right of any third party, including without limitation

(e) advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability,

(f) contains a virus, cancelbot, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or

(g) remains posted after you have been notified that such User Content violates any of sections (a) to (g) of this sentence. 

When participating in the Site, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. The OAA cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based in such information.   

The OAA reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Content or if the OAA is concerned that you may have breached this provision), or for no reason at all. You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username (whether in the form of comments to a Circle or any other form). If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.  (See provision #13 below)

Credit of Authorship

A Content area on the Profile 'My OAA' section of the Site is for architectural Projects. “Project” refers to built, concept, or theoretical buildings, structures and built environments; planning; proposals; or objects.  Projects may be posted by OAA Members and those with status only. OAA Members and status categories include: (Licensed architect, Intern architect, Licensed Technologist OAA, Student Associate, Life, Honorary or Retired Member.) All architects offering or providing services to the public must have a “Certificate of Practice” issued by the OAA and carry professional liability insurance.  The practices involved on the Project and the Architect of Record must be listed on the Project credits. Photography credit must also be provided.   OAA Members who post a Project must determine their ‘role’ on the Project, which other Users may associate themselves with the Project and ensure proper credit of authorship is determined by conforming to (sections 42, sub-sections 31 and 34 of the Regulation 27 under the Architects Act and referring to Regulation Notice R.5. v1.0). The OAA may remove Projects and/or images posted by users determined by the OAA in its sole discretion not to have the authority to post such Project and/or Image.    

Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to OAA shall become the property of OAA or its designee. The OAA will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations.  Without limitation, the OAA will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not the OAA, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

4. RESTRICTIONS.

You are responsible for all of your activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any OAA user. 

You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site, or any processes that run or are activated while you are not logged in.

5. WARRANTY DISCLAIMER.

The OAA has no special relationship with or fiduciary duty to you. You acknowledge that the OAA has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the OAA from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The OAA makes no representations concerning any content contained in or accessed through the Site, and the OAA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, Content, Site And Any Software Are Provided On An "as Is" Basis, Without Warranties Of Any Kind, Either Express Or Implied, Including, Without Limitation, Implied Warranties Of Merchantability, Fitness For A Particular Purpose Or Non-Infringement.

To The Fullest Extent Allowed By Law, The Oaa Disclaims Any Liability Or Responsibility For The Accuracy, Reliability, Availability, Completeness, Legality Or Operability Of The Material Or Services Provided On This Site. By Using This Site, You Acknowledge That The Oaa Is Not Responsible Or Liable For Any Harm Resulting From: 

(1) Use Of The Site; 

(2) Downloading Information Contained On The Site; 

(3) Unauthorized Disclosure Of Images, Information Or Data That Results From The Upload, Download Or Storage Of Content Posted By Users; 

(4) The Temporary Or Permanent Inability To Access Or Retrieve Any User Content From The Site, Including, Without Limitation, Harm Caused By Viruses, Worms, Trojan Horses, Or Any Similar Contamination Or Destructive Program; 

(5) Content Posted In Any Forum Or Community Area Of The Site; And 

(6) Unauthorized Disclosure Of Images, Information Or Data That Results From The Upload, Download Or Storage Of Posted Content.

6. THIRD PARTY WEBSITES.

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of the OAA or the Site. Unless explicitly otherwise provided, neither the OAA nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Any correspondence with a third party are solely as between you and such third party.  Responsibility for ensuring compliance with all applicable laws in connection with any such correspondence, or resulting transaction, will be yours alone.     The OAA and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or the OAA with respect to such sites and third party content. 

7. REGISTRATION AND SECURITY.

As a condition to using certain of the Services, you may be required to register with the OAA and select a password. You shall provide the OAA with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use the name of another person with the intent to impersonate that person; or (ii) use as your name a name subject to any rights of a person other than you without appropriate authorization. The OAA reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your OAA password. 

You hereby irrevocably authorize the OAA to disclose your personally identifiable information at the request of any municipal, provincial, regulatory or federal agency. You are aware that the OAA will comply with all judicial processes, including, without limitation, a subpoena or summons.           

8. INDEMNITY.

You will indemnify and hold OAA, its directors, officers, volunteers, employees, and members, including all third parties mentioned on the Site, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your account, of any intellectual property or other right of any person or entity. 

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

9. LIMITATION OF LIABILITY.

You Understand That In No Event Shall The Oaa, Its Directors, Officers, Volunteers, Employees Or Members Be Liable With Respect To The Site Or The Services For (A) Any Direct, Indirect, Incidental, Punitive, Or Consequential, Special Or Exemplary Damages Of Any Kind Whatsoever; (B) Damages For Loss Of Use, Profits, Data, Images, User Content Or Other Intangibles; (C) Damages For Unauthorized Use, Non-Performance Of The Site, Errors Or Omissions; Or (D) Damages Related To Downloading Or Posting Content.

10. TERMINATION.

The User may advise the OAA that he or she no longer wishes to access the Site or Services at any time by notifying the OAA in writing. Upon termination of your account, your right to use the Services, access the Site and any Content will cease within 10 business days. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 

11. PRIVACY.

Please review the OAA Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site. 

12. MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The OAA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the OAA’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this  Agreement shall otherwise remain in full force and effect and enforceable.  

This Agreement is not assignable, transferable or sublicensable by you except with the OAA’s prior written consent. The OAA may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to the conflict of laws provisions thereof. Each party agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.  

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Service, and/or the 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 a private and confidential binding arbitration held in Toronto, Ontario 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 has experience in the information technology field in Canada and 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 OAA relating to any Claim and you also agree to opt out of any class proceedings against the OAA. Notwithstanding the foregoing, the OAA reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.   

Both parties agree that this Agreement (including the Privacy Policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the OAA in any respect whatsoever.  Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective within 30 days when sent by or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Ontario Association of Architects, 111 Moatfield Drive, Toronto, ON M3B 3L6. 

13. COPYRIGHT POLICY.

Copying or storing of any Content for other than personal, private or non-commercial use is expressly prohibited without prior written permission from the OAA, or from the copyright holder identified in such Content's copyright notice (which must be obtained directly by the User and not by the OAA). All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any Content posted by a User) are proprietary to the OAA and/or third parties. All rights are reserved.  You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

The Site is protected by copyright as a collective work and/or compilation, pursuant to the Copyright Act, R.S.C. 1985, c. C-42 international conventions, and any other applicable copyright laws.  

http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html

If you believe that any portion of this Site infringes copyright, please send a written notice of the details to the following address:     

Ontario Association of Architects
111 Moatfield Drive Toronto, ON M3B 3L6
Attn: OAA Copyright Infringement-Notification