Terms of Use

This website is owned and operated by The Walter and Duncan Gordon Charitable Foundation (“The Gordon Foundation”). Throughout the site, the terms “we”, “us” and “our” refer to The Gordon Foundation and any of its subsidiaries and affiliates. The Gordon Foundation is pleased to offer this website and the services described herein, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The Community Gallery service (the “Service”) is a platform for sharing content for informational and educational purposes only. Content submitted by users is intended to be open access and can be freely viewed by other users.

By using, visiting, browsing, uploading or submitting any content to our site you engage in our Service and agree to be legally bound by the following terms and conditions (“Terms of Use”, or “Terms”), including those additional terms and conditions and policies that are referenced herein and/or available by hyperlink and to comply with all applicable laws and regulations as they may change from time to time. These Terms of Use apply to all users of the website (the “Site”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our Services or our Site. By accessing or using any part of the Site, you agree to be legally bound by these Terms of Use. If you do not accept and agree to be legally bound by and comply with all of the Terms, then you are not permitted to access or use the Site or any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

In addition, for those contributing content to the Site, supplementary Submission Terms of Use apply. Please review the Submission Terms of Use (the “Submission Terms”) found below. Please note that the Submission Terms may be updated from time to time, without notice to you. Please ensure that you review the Submission Terms regularly before proceeding to use the Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

By agreeing to these Terms of Use, you represent that you are at least 13 years of age or older, or if you are younger or required by law to obtain the consent of your parent or legal guardian in your jurisdiction of residence, you have obtained the appropriate consent.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or intellectual property laws). You acknowledge and agree that by the use of the Service, you will comply with these Terms and all applicable local, municipal, provincial and federal laws, rules and regulations. A breach or violation of any of the Terms may result in an immediate termination of your Services.

We reserve the right, in our sole discretion, to modify, update, change or replace all or a portion of these Terms at any time without notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms on the Site by indicating at the bottom of this document the date these Terms were last modified. Your continued access to and/or use of this Service after any such change constitutes your acceptance of, and agreement to be legally bound by, these Terms as modified. It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes and modifications to the Terms. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

You acknowledge and agree that we reserve the right, at any time, to modify or discontinue the whole, or any part of, the Service, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of such modification(s) or discontinuance.

We take great pride in providing our Services and maintaining our Site. We reserve the right to delete any content which we think, in our sole discretion: (i) violates these Terms; (ii) violates or infringes someone else’s rights, privacy, copyright, trademark or other intellectual property right; (iii) bullies, harasses or intimidates others; (iv) is derogatory or defames others; or (v) is not suitable, appropriate or relevant to our Site or our Services. Despite our right to remove content, you acknowledge and agree that you remain solely responsible for the content you create, upload, post, send or store using the Services.

We reserve the right to refuse Services tor access to our Site, to anyone for any reason at any time. Our Service lets you perform actions such as uploading and receiving content. When you perform these actions, you retain your own ownership rights in that content, but you also grant us a licence to use that content. This licence is for the purpose of operating, developing, providing, promoting and improving the Service and the Site.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission from us.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on the Site is provided for general use and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. For greater certainty, there is no warranty or guarantee that any of the user content on the Site is accurate, complete or suitable for any particular purpose.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time without prior notice, but we have no obligation to update any information on our Site. You agree that it is your responsibility to confirm the accuracy and completeness of the content on our Site.

Occasionally there may be information on our Site or in the Service that contains typographical errors or omissions that may relate to the content or the submissions provided to us. We reserve the right, acting in our sole discretion, to correct any errors or omissions and to change or update any information.

We may provide you with access to third-party optional tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and conditions on which tools are provided by the relevant third-party provider(s). We do not endorse the third-party optional tool or the services provided in relation to the use of the third-party optional tools.

We may, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms, conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We do not endorse third-party links or the services provided in relation to the use of the third-party link.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, photographs, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to; (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content found on this Site, except as set forth under these Terms.

You shall not and shall not permit anyone to: (i) use the Service for any purpose that is illegal or prohibited under these Terms; (ii) solicit others to perform or participate in any unlawful acts; (iii) violate any international, federal or provincial laws, rules or regulations; (iv) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) submit false or misleading information; (vii) upload or transmit viruses, worms or any other type of malicious code that will or may be used in any way that will affect the functionality of the Site or the Service; (viii) use the Service for any obscene or immoral purpose; (ix) use any robot, spider, crawler or other automated means or interface to access the Services or extract another person’s information; (x) use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit another person from enjoying and receiving the benefit of the Service; (xi) use or attempt to use another person’s account, username or password; (xii) create more than one (1) account for yourself; (xiii) create another account if we have already removed you from use of the Services; or (xiv) use viruses or other malicious code to compromise the security of the Services.

Your submission of Personal Information, as defined by applicable privacy laws, including photographs and other content submissions, which are submitted by you through your use of the Services, is governed by our Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to all aspects of the Service and the Site and is available on our Privacy Page or upon request. The Privacy Policy explains how we treat your Personal Information and protect your privacy when you use the Site and Services. The Privacy Policy may be amended from time to time. By agreeing to these Terms, you are also agreeing to the terms of the Privacy Policy and you agree to review those terms, as such may be amended from time to time.

The Gordon Foundation disclaims any and all liability related to your use of the Services and the Site. You acknowledge that although we will do our best to protect your information, the internet is not a secure medium and privacy cannot be assured. Internet data transmission of your content, submissions and photographs and other Personal Information, is vulnerable and may be susceptible to interception. The Gordon Foundation will not be responsible for any damages whatsoever, that you or any third party may suffer as a result of the transmission of Personal Information that you make available to us through use of the Service or the Site.

In no event shall The Gordon Foundation be liable for damages of any kind, whether arising in contract (including breach of these Terms), tort, negligence or under any other legal theory, arising out of on in connection with: (i) your use, or inability to use or access the Services, including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of use, loss of goodwill or loss of opportunity, whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable; (ii) the conduct or content of any other third party or person using the Service or the Site; or (iii) the unauthorized access, use or alteration of your content.

You use the Services and this Site at your own risk. Under no circumstances shall The Gordon Foundation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors or any subsidiaries or affiliates be held liable for any damages whatsoever arising out of your use of the Service or the Site, to the extent permitted by law.

The Gordon Foundation Services and Site are provided “as is” and “as available” and The Gordon Foundation makes no representation or warranty, either expressed or implied, or otherwise, including any representation or warranty that the Service, its contents or any submissions, will be accurate, reliable, timely, secure, error-free or uninterrupted. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law.

The Gordon Foundation takes no responsibility and assumes no liability for any content or submissions that you, another user of the Service, or a third party creates, uploads, posts, sends, receives, or stores on or through our Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which The Gordon Foundation will be responsible for in any circumstance whatsoever. For greater certainty, we make no representation or warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness a particular purpose, durability, title or noninfringement. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law.

You expressly acknowledge and agree that you are using the Services and agreeing to these Terms of Use understanding the limitation of liability and the disclaimer of warranties set forth herein, and you agree that such limitation of liability and disclaimers of warranties will survive, and continue to apply in the case of a fundamental breach or breaches of this agreement or the termination of the Services.

You agree to indemnify, defend and hold harmless The Gordon Foundation and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or arising from or related to your uploading of or submission of any content (including any Personal Information) which is alleged to be or is an actual breach of any third party’s intellectual property rights.

You acknowledge and agree that we are not responsible for verifying any information, including Personal Information or content, that is submitted and posted using the Service. By submitting content, you confirm that you have the necessary licenses, rights, consents, and permission to upload and post the content, and if applicable, any Personal Information of any other individual. You shall retain complete ownership of the content; however, you are hereby granting us a licence and permission to use the content in accordance with these Terms of Use.

For all content you submit through the Service, you hereby grant The Gordon Foundation and our affiliates a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute content for as long as you use the Services.

You acknowledge and agree that the content may be freely accessed, re-used, and redistributed by any other person using the Service pursuant to these Terms of Use and applicable laws.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice, and/or accordingly may deny you access to our Site and our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

These Terms of Use are governed by the laws of the Province of Ontario and the applicable federal laws of Canada excluding any conflict of law principles thereof. All claims arising out of or relating to the Terms of Use or the Site or any of the Services, shall be exclusively dealt with by the courts of Toronto, Ontario, Canada.

If you have questions or comments about these Terms of Use, please contact us at:
info@gordonfn.org

The Walter and Duncan Gordon Charitable Foundation
11 Church Street, Suite 400
Toronto, ON
M5E 1W1
Canada

Last Modified: June 10, 2021