Cree Native Arts and Crafts Association

Artist Registry (www.cnaca.ca)

COOKIE POLICY

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TERMS OF USE

This database is offered by the Cree Native Arts and Crafts Association (“CNACA”), a not-for profit organization established under the James Bay and Northern Quebec Agreement to develop a distribution channel for Cree arts and crafts that will connect Cree artists and artisans to a market (our “Mandate”).

By using this database, or by submitting any content or information to it, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use and our privacy practices as described herein (the “Terms of Use” or “Agreement“) and to comply with all applicable laws and regulations as they may change from time to time.

We may update this database and may update, change, or otherwise modify these Terms of Use and our Privacy Policy. The Terms of Use may change from time to time without prior notice and we advise that you check them regularly. They constitute a binding agreement between you (on your own behalf or on behalf of a company as its authorized representative, if applicable) and the CNACA. Hereinafter, “you” will be understood as including you individually and/or a company that you represent as its authorized representative, if applicable. If you are using this database as a representative of a company or other legal entity, you represent to the CNACA that you are duly authorized to do so and to bind that company or legal entity to these Terms of Use. Any use of this database constitutes acceptance of this Agreement.

The purpose of this database is to provide users with information on and to help carry out the Mandate, the functions and activities of the CNACA. By using this database, you unconditionally accept the terms and conditions outlined herein.

DISCLAIMER

This database and all information contained on or accessed from this database is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law.

This database contains information and material that was submitted to the CNACA by third parties. The CNACA has not verified the accuracy, validity, reliability or completeness of this information and material. Changes may be made to the information or material on this database at any time and without prior notice. Users rely on the information and material provided on this database at their sole risk and the CNACA assumes no responsibility for errors or omissions in any of the information or material contained on this database. Further, the CNACA specifically disclaims any express or implied warranties related to the use of this database and its contents.

COPYRIGHT AND TRADEMARK

All materials on this database under the domain http://www.cnaca.ca, unless otherwise stated, are the property of the CNACA. The materials are protected by all copyright, trademark, and other applicable intellectual property laws. All materials, artworks and information received through this database may be used, displayed, reformatted, and printed for personal, non-commercial, bona fide use only. Users may not republish, reproduce, or retransmit the materials, artworks and information in whole or in part, in any manner, without the prior written consent of the CNACA, with the following exception only: users may buy the materials available through this database solely for personal, non-commercial use, and only where any copyright, trademark, or other notices contained in or associated with them are preserved. Users may not distribute such copies to others, whether or not in electronic form, whether or not for a charge or other consideration, without the prior written consent of the CNACA.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within this database are the official marks, trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of the CNACA. All Trademarks are and shall remain the sole and exclusive property of the CNACA. Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the CNACA is strictly prohibited. Nothing contained herein or on this database may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademarks. You agree that you will not take any actions inconsistent with the CNACA’s ownership of the Trademarks.

TREATMENT OF USER CONTENT BY CNACA

Certain features of this database permit you to upload or otherwise transmit information including, but without limitation, personal information, content, materials, pictures and artwork reproductions, project proposals (“User Content”). By providing User Content through this database, you acknowledge that the CNACA has an irrevocable right to publish, communicate, make available and/or use in any manner consistent with the Mandate, any User Content provided. The User Content on this database is not the property of the CNACA.

USER WAIVERS AND REPRESENTATIONS

By using this database and providing User Content, you acknowledge, agree, warrant and represent to the CNACA that any User Content (in any format or media) you post on, upload to or otherwise submit or transmit to or through this database:

  1. is original to you and/or that you have obtained all necessary rights in and to the User Content and all of its components to post, upload, or otherwise submit it through this database, and to grant the CNACA the right set our above;
  2. is complete and accurate;
  3. complies with these Terms of Use; and
  4. does not violate any law.

Without limiting the generality of the foregoing, you also acknowledge and agree that the CNACA cannot guarantee the accuracy, reliability or completeness of any User Content. The CNACA may, from time to time and without any authorization or other requirements, the right monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the database.

USER CODE OF CONDUCT

By using the database, and/or by posting, uploading to or otherwise submitting or transmitting User Content, you agree that you shall not use the database to upload, post, communicate or otherwise submit or transmit through, or to, the database any User Content that is deemed, in the sole and absolute discretion of the CNACA:

  1. to be defamatory, libelous, pornographic or obscene;
  2. to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals in violationof their rights of privacy; commercial messages; any identifiable third party products, trade- marks, brands and/or logos; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CNACA in its sole and absolute discretion;
  3. to be contrary to the principles of The Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c-11;
  4. to include protected or classified information of the CNACA, or/and federal, provincial or territorial government entity;
  5. to contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
  6. to infringe, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  7. to contain any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. to contain (in any format or media) any music, logos, trademarks or other copyrighted materials unless you have first obtained consent from the owner of such materials.

You hereby agree that you shall not use the database to:

  1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the database;
  2. collect information about others without their consent; and/or
  3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the database or of CNACA systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the database.

If for any reason, we believe that you have not complied with these Terms of Use, we may, at our sole discretion, cancel your access to the registration areas of the CNACA database immediately and without prior notice.

INDEMNIFICATION

By using this database, you agree to indemnify, defend and hold harmless the CNACA, and each of their respective agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of this database, the materials and information thereon, User Content, and/or breach of these terms of use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action.

PRIVACY POLICY

The CNACA may collect, use, and disclose information, including personal information, which is information about an identifiable individual, for the purposes of our Mandate, and for other purposes which are consistent with this purpose, including administrative purposes, and purposes which are otherwise permitted or required by the applicable law.

The personal information the CNACA collects may include:

  1. Your name and contact information,
  2. Information you choose to include in User Content, including without limitation, in any project proposal, and
  3. Any other personal information you choose to submit to us.

If you are providing information, artworks or a document, such as a project proposal, to the CNACA through this database that relates to our public Mandate or one of the CNACA’s responsibilities under James Bay and Northern Quebec Agreement and applicable laws, then you acknowledge that you have no expectation or right of privacy concerning that information, artwork or document and where consistent with or required by our Mandate, you consent to the public disclosure of such information, artwork or document. Information disclosed in this manner will include information regarding project proposals submitted to the CNACA. If you include personal information in information or a document you submit to CNACA, then you are consenting and agreeing to that personal information being part of the public registry information on this database.

If you are providing information or a document to the CNACA concerning a separate private matter, then the CNACA will use and disclose that information for the purposes for which it is submitted. However, we may also use, or disclose personal information to third parties, if it is deemed necessary to conduct the activity for which this information was provided or if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property. Lastly, we may use or disclose your personal information for any other purpose to which you consent.

Although we have taken measures to help protect our database, computer systems and personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

If you have submitted personal information to us and would like to have access to it, or if you would like to ask us to correct it, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons.

We may use third parties and third party tools, such as Google Analytics, which use cookies and other technologies to collect and analyze information about the use of our database and report on activities and trends on an anonymous basis. This service may also collect information regarding the use of other databases, apps, and resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Our database may use cookies, which are small text files that are placed on your browser to help the database provide a better user experience. In general, cookies are used to retain user preferences and provide anonymized tracking data to third party applications and search engines. In principle, cookies will improve your browsing experience. However, you may prefer to disable cookies on this database. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or taking a look at a database about cookies which offers guidance for your browser or device.

The CNACA reserves the right to amend this Privacy Policy at its sole discretion from time to time, including to reflect changes in the law, our data collection and data use practices, the features of our services or advances in technology. Please check this database regularly and review our current privacy practices.

LINKS

The database may contain links to other third party databases. These other databases may have their own privacy policies and terms and conditions that are not governed by these Terms of Use or Privacy Policy. We are not responsible for the privacy practices or the content of any database(s) owned and operated by any such third parties. Other databases may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each database you visit. Any links from this database to other databases, or references to products, services or publications other than those of CNACA, do not imply the endorsement or approval of such databases, products, services or publications by CNACA.

GOVERNING LAW AND JURISDICTION

These Terms of Use, your use of this database, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of this database and any related matters.

CONTACT US

If you have any questions regarding the contents of these Terms of Use, including our Privacy Policy, please contact our Director at cooperg@cnaca.ca.