Legal

Agreement between user and Emily Carr University of Art + Design

The Emily Carr University of Art + Design website, hereinafter referred to as the “Site”, is comprised of various Web pages operated by Emily Carr University of Art + Design.

The Emily Carr University of Art + Design Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Emily Carr University of Art + Design Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Emily Carr University of Art + Design reserves the right to change the terms, conditions, and notices under which the Emily Carr University of Art + Design Site is offered, including but not limited to the charges associated with the use of the Emily Carr University of Art + Design Site.

LINKS TO THIRD PARTY SITES

The Emily Carr University of Art + Design Site may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of Emily Carr University of Art + Design and Emily Carr University of Art + Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Emily Carr University of Art + Design is not responsible for webcasting or any other form of transmission received from any Linked Site. Emily Carr University of Art + Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emily Carr University of Art + Design of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Emily Carr University of Art + Design Site, you warrant to Emily Carr University of Art + Design that you will not use the Emily Carr University of Art + Design Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may only use or reproduce the content on the Site for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the content of the Site in any form and by any means whatsoever is strictly prohibited. You may not use the Emily Carr University of Art + Design Site in any manner which could damage, disable, overburden, or impair the Emily Carr University of Art + Design Site or interfere with any other party's use and enjoyment of the Emily Carr University of Art + Design Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Emily Carr University of Art + Design Sites.

USE OF COMMUNICATION SERVICES

The Emily Carr University of Art + Design Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Emily Carr University of Art + Design has no obligation to monitor the Communication Services. However, Emily Carr University of Art + Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Emily Carr University of Art + Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Emily Carr University of Art + Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Emily Carr University of Art + Design's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Emily Carr University of Art + Design does not control or endorse the content, messages or information found in any Communication Service and, therefore, Emily Carr University of Art + Design specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Emily Carr University of Art + Design spokespersons, and their views do not necessarily reflect those of Emily Carr University of Art + Design.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

WEB ANALYTICS AND REMARKETING

Emily Carr University of Art + Design's Site uses web analytics tools to help analyze how the Site is used and to improve visitors’ online experience. These tools work by tagging web pages to capture a limited amount of data (including the internet protocol (‘IP”) address of the computer, device or network being used to access the pages). This data is used for aggregate reporting purposes. None of this data can be used by Emily Carr University of Art + Design or the service provider to identify you.This Site also uses remarketing tools, which enable Emily Carr University of Art + Design or other entities to serve you with relevant advertisements outside of the Emily Carr University of Art + Design domain.Web analytics and remarketing tools work by using cookies (small files stored on your computer’s web browser). You may refuse the use of cookies by selecting the appropriate settings on your browser (please note that if you do this you may not be able to use the full functionality of this website). Some service providers also allow you to opt out of their use of cookies for advertising purposes, e.g.Google Ad's Settings Page.If you have any questions about web analytics or remarketing, please contact IThelp@ecuad.ca.

MATERIALS PROVIDED TO EMILY CARR UNIVERSITY OF ART + DESIGN OR POSTED AT ANY EMILY CARR UNIVERSITY OF ART + DESIGN SITE

Emily Carr University of Art + Design does not claim ownership of the materials you provide to Emily Carr University of Art + Design (including feedback and suggestions) or post, upload, input or submit to any Emily Carr University of Art + Design Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Emily Carr University of Art + Design, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Emily Carr University of Art + Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Emily Carr University of Art + Design's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EMILY CARR UNIVERSITY OF ART + DESIGN Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMILY CARR UNIVERSITY OF ART + DESIGN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EMILY CARR UNIVERSITY OF ART + DESIGN Site AT ANY TIME. ADVICE RECEIVED VIA THE EMILY CARR UNIVERSITY OF ART + DESIGN Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EMILY CARR UNIVERSITY OF ART + DESIGN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EMILY CARR UNIVERSITY OF ART + DESIGN Site FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMILY CARR UNIVERSITY OF ART + DESIGN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMILY CARR UNIVERSITY OF ART + DESIGN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EMILY CARR UNIVERSITY OF ART + DESIGN Site, WITH THE DELAY OR INABILITY TO USE THE EMILY CARR UNIVERSITY OF ART + DESIGN Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EMILY CARR UNIVERSITY OF ART + DESIGN Site, OR OTHERWISE ARISING OUT OF THE USE OF THE EMILY CARR UNIVERSITY OF ART + DESIGN Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMILY CARR UNIVERSITY OF ART + DESIGN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EMILY CARR UNIVERSITY OF ART + DESIGN Site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EMILY CARR UNIVERSITY OF ART + DESIGN Site.

SERVICE CONTACT : IThelp@ecuad.ca

TERMINATION/ACCESS RESTRICTION

Emily Carr University of Art + Design reserves the right, in its sole discretion, to terminate your access to the Emily Carr University of Art + Design Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, in all disputes arising out of or relating to the use of the Emily Carr University of Art + Design Site. Use of the Emily Carr University of Art + Design Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emily Carr University of Art + Design as a result of this agreement or use of the Emily Carr University of Art + Design Site. Emily Carr University of Art + Design's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Emily Carr University of Art + Design's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Emily Carr University of Art + Design Site or information provided to or gathered by Emily Carr University of Art + Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Emily Carr University of Art + Design with respect to the Emily Carr University of Art + Design Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emily Carr University of Art + Design with respect to the Emily Carr University of Art + Design Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

Copyright © All contents of the Emily Carr University of Art + Design Site are: Copyright as per the current year marked at the bottom of every ecuad.ca website page, Emily Carr University of Art + Design, all rights reserved and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement under Canadian copyright law should be sent to IThelp@ecuad.ca.

Use of the Emily Carr University of Art + Design Site is governed by the University's policies in Section 9. Systems + Resources including the Code of Conduct for Appropriate Use of Information Technology, Facilities + Services.

The use and operation of the Emily Carr University of Art + Design Site, its contents, and your privacy, are governed by three policies:

• See the University's FOIPOP policy on the University Policies page;
• Policy 9.6 Information Protection, in the Systems + Resources section of our University Policies Page; and
• Policy 9.8 Web Content, in the Systems + Resources section of our University Policies Page.