General Information
The visualpast.com is an online platform for the global history community. Although many of our programs and services are available to the general public, certain services (collectively, the “Member Services”) are available only to individuals who have registered to become part of the less-public visualpast.com community (each a “Visual Past Member”). Member Services may change from time to time. To become a Visual Past Member, you must agree to the Member Agreement.
To sign up as a Visual Past Member, you must provide your email address, a password, your name, and the city and country where you live along with a brief profile that outlines your involvement with and interest in Canadian history. This personal information, along with any demographic information you provide, is stored in your Member Profile. We hold all your personally identifying information in strict confidence, in accordance with our Privacy Policy (http://visualpast.com/privacy/). It is your responsibility to keep your Member Profile up-to-date.
After an initial 30-day introductory period, Visual Past Members are asked to make an annual financial contribution to visualpast.com. The amount of the minimum contribution may change from time to time. By making the requested contribution, your membership is good for one year. If you choose not to make the contribution, your membership will be suspended.
Your rights as a Visual Past Member are personal to you and are not transferable.The visualpast.com may modify the terms and conditions of this Member Agreement from time to time, and such modifications will be effective upon notice emailed to you at the address in your Member Profile.
Your Content
You are responsible for all text, information, and other material that you contribute to the visualpast.com, whether to email lists, bulletin boards, through chat or any other interactive feature of the visualpast.com, or that is contributed from your e-mail address, by any person This is “Your Content”. For the purposes of this Agreement, Your Content does not include material submitted to the Visual Past Article base, which is governed by separate agreements. To contribute Your Content, you either:
- must own all intellectual property and other rights in and to Your Content, or
- if you have the right to contribute works owned or controlled in part by another, you must submit with your contribution a statement describing how and by whom you are authorized to contribute the work. In no event may you contribute any content protected by copyright, trademark, patent, or other right without the permission of the holder of such intellectual property or other rights.
You grant the visualpast.com a non-exclusive, worldwide, royalty-free, perpetual license to:
- store Your Content on the visualpast.com’s servers;
- distribute Your Content on the visualpast.com web site and through email lists; and
- reproduce, publish, perform, display, adapt, distribute or otherwise make available Your Content in web sites, books, CD-ROMs or any other form or medium whatsoever, whether now known or as may hereafter be developed.
IF YOU DO NOT WISH TO GRANT the visualpast.com THE RIGHT TO REPRODUCE, PUBLISH, PERFORM, DISPLAY, ADAPT, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE YOUR CONTENT EXCEPT ON THE visualpast.com WEB SITE AND EMAIL LISTS, YOU MUST SO INDICATE BY INCLUDING THE FOLLOWING LANGUAGE AT THE END OF YOUR CONTENT WHEN YOU POST OR OTHERWISE SUBMIT IT TO visualpast.com: “NOT FOR DISTRIBUTION EXCEPT ON the visualpast.com WEBSITE AND EMAIL LISTS.”
The visualpast.com reserves the right to:
- edit, adapt or otherwise make changes to Your Content;
- not include Your Content in the visualpast.com web site or email lists; and
- remove some or all of Your Content, without notification, from our servers, from the visualpast.com web site and from any other form or media.
Although the visualpast.com encourages thoughtful criticism, Your Content may not include any material that defames any person, invades or infringes their rights of privacy or publicity, violates copyrights or other intellectual property rights or that is otherwise unlawful.
Visual Past Content
The contents of the visualpast.com web site and email lists (“Visual Past Content”) are protected by copyright under the laws of Canada and other countries. Other than content posted by Visual Past Members, distributed by Visual Past Members to third parties, or labelled as belonging to a third party, all content on the visualpast.com web site and email lists is owned by the visualpast.com and its suppliers.
You may download and print out Visual Past Content for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restriction contained in any individual posting and include any author attribution, copyright, or trademark notice or restriction in any materials that you download.
You may not distribute any Visual Past Content, with the exception of Your Content, for any commercial purposes.
Visual Past Content includes material that has been edited, as well as material that is distributed automatically and without editing or filtering. The visualpast.com is not responsible for screening, monitoring, or verifying the Visual Past Content, including with respect to its accuracy, reliability, or compliance with copyright and other laws.
Disclaimer of Warranty; Limitation of Liability
NEITHER the visualpast.com NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, OR LICENSORS (“AFFILIATES”) ENDORSE, REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY OPINION, STATEMENT OR OTHER MATERIAL ON THE visualpast.com WEB SITE OR EMAIL LISTS OR THAT THE SAME IS NON-DEFAMATORY, NON-INFRINGING OF COPYRIGHT OR OTHER RIGHTS, OR OTHERWISE LAWFUL. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF SUCH OPINION, STATEMENT, OR MATERIAL SHALL BE AT YOUR SOLE RISK.
NEITHER the visualpast.com NOR ITS AFFILIATES WARRANT THAT the visualpast.com WEB SITE OR EMAIL LISTS WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED OR ERROR FREE. THE visualpast.com WEB SITE AND EMAIL LISTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL the visualpast.com OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE visualpast.com WEB SITE OR EMAIL LISTS.
Indemnification
You agree to defend, indemnify, and hold harmless the visualpast.com and its Affiliates from and against all claims and expenses (including attorneys’ fees) arising out of Your Content or any breach by you of this Member Agreement.
Right to Terminate Membership or Subscription
The visualpast.com reserves the right to terminate your Visual Past Membership and/or your subscription to any or all of the visualpast.com email lists at any time in the event that it considers, in its sole discretion, any conduct by you, including Your Content, to violate the terms of this Member Agreement.
Miscellaneous
This Member Agreement constitutes the entire agreement between the visualpast.com and you with respect to the subject matter contained herein. No waiver by visualpast.com or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Member Agreement shall be construed in accordance with the laws of Ontario, without regard to its conflict of laws rules.