Canadiana.ca Terms of Service

The Canadiana.ca website (the “Website”) is owned and operated by the Canadian Research Knowledge Network (“CRKN”). These terms of service (the “Terms”) apply to your use of the Website and the historical materials that comprise the Canadiana Collection, which includes articles, books, monographs, newspapers, magazines, periodicals, journals, government publications, photographs, pamphlets, logos, images and other materials and information (collectively, the “Collection”), made available via the Website.

By accessing or using the Website or any of the Collection, you agree to be bound by these Terms. If you do not agree with some or all of these Terms, you must not access or use the Website or the Collection.

1. Use of the Website

The Website is provided to you for informational purposes to provide you with access to the Collection. Subject to these Terms and compliance with applicable laws, you may use the Website solely for your personal, non-commercial use, including for research, teaching and professional purposes.

2. The Collection

While much of the Collection is in the public domain, some content is owned by CRKN, its licensors or the original rights-holders and may be protected by copyright, trademark and other intellectual property laws, as well as confidentiality, privacy, and publicity rights. Your use of any item in the Collection is further subject to any rights statements that are set out at the Collection or sub-Collection level, in the item itself, or in the metadata attached to the item (e.g. in the Document Record), as the case may be.

You agree that your use of any item found in the Collection is at your own risk and that CRKN is not liable to you for any use, or subsequent use, of such item(s) by you. You further acknowledge that CRKN’s purpose is to widely disseminate the Collection and increase access to important historical resources. You therefore acknowledge the risk and hereby release CRKN from any liability for being exposed to items that are inaccurate, offensive or objectionable.

If you find items that are inaccurate, offensive or objectionable, please contact us at info@crkn.ca. CRKN reserves the right to make a determination in its sole discretion regarding continuing public access and terms applicable to any identified materials.

3. Restrictions

CRKN reserves the right to impose limits on your use of the Website in order to maintain overall quality of service. This includes restricting the number of concurrent downloads by any one individual. CRKN also retains the right to restrict, suspend or terminate users for behaviour that is abusive, illegal, or which unduly impairs access for other users.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any items in the Collection or the Collection as a whole without prior written permission from CRKN. You may not use the Website and the Collection (or any part thereof) to create a website or service that competes with the Website, without prior written permission from CRKN. You must not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or use the Website or the Collection in an unlawful manner.

4. Privacy

Your access and use of the Website does not require you to create an account or log in. Except as described below with respect to your online interaction with the Website and analytics, CRKN does not require you to provide any other personal information.

The Website may automatically collect information about how you and your device interact with the Website. This information may include: (a) computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, unique device identifier and other technical identifiers, error reports and performance data; (b) usage data, such as the features you used, the settings you selected, items from the Collection you downloaded, URL click stream data, including date and time stamp and referring and exit pages, and pages you visited on the Website; and (c) the physical location of your device. This information may be shared in aggregate with third parties, such as service providers that help us provide the Website.

From time to time, CRKN will use third-party web analytics services, such as Google Analytics. These services use cookies to help us analyze how visitors use the Website. For example, with Google Analytics, your web browser automatically sends certain information to a Google server, including the URL of the page you’re visiting and your IP address. We may also set cookies on your browser or read cookies that are already there. Analytics services use this information for the purpose of evaluating your use of the Website, compiling reports on the Website’s activity for us, and providing us with other services relating to site activity and internet usage. If you have questions about which web analytics services CRKN is currently using or how to prevent the storage and processing of this data (including your IP address) by such services, contact info@crkn.ca.

We will use the limited personal information provided by web analytics to provide the Website to you and to make further improvements to the Website and to the Collection. Your personal information will not be provided to third parties, except as described above (to web analytics services), and as may be required by applicable law.

You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to limited exceptions under applicable law. You can make this request by emailing us at info@crkn.ca. We may require personal information from you to verify your identity to process your request.

If you have any questions or concerns about CRKN’s collection of personal information, please contact info@crkn.ca.

5. Disclaimer

CRKN is not responsible for the accuracy, usefulness, completeness or quality of the Website or any items found in the Collection. The Website and Collection are provided on an “as-is” and “as available” basis, without any representations, warranties or conditions of any kind.

TO THE FULLEST EXTENT PERMITTED BY LAW, CRKN EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ACKNOWLEDGE THAT CRKN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRKN WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR THE USE OF THE WEBSITE OR THE COLLECTION, OR FOR ANY ERRORS CONTAINED THEREIN.

6. Links

The Website may contain links to other websites not operated by CRKN. When you leave the Website, you should read the terms and conditions and privacy policies of every website that you visit. CRKN is not responsible for the practices or the content of those other websites and does not review, verify, approve or endorse any information, products, services or content on those websites, even if there is an agreement or affiliation between CRKN and such third parties.

7. Review Requests

If you believe that any item(s) in the Collection infringes your copyright or other rights, please fill out the Review Request form, found here, and send the completed form to info@crkn.ca with the subject line “Submission: Review Request Process for the Canadiana Collection”.

8. General

(a) Entire Agreement. These Terms constitute the entire agreement between you and CRKN with regards to the subject matter of these Terms, and supersede any and all prior agreements.

(b) Governing Law. These Terms are governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario without regard to conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any actions or proceedings arising out of or relating to the enforcement of these Terms.

(c) Updates to Terms. CRKN may update these Terms from time to time, in which case the updated Terms will supersede prior versions. If CRKN makes a change to these Terms, the updated Terms will be posted on the Website. Please check the Terms posted on the Website from time to time to take notice of any changes, as they will be binding on you. Your continued access and use of the Website following the effective date of any such updated Terms may be relied upon by CRKN as your acceptance of any such changes.

(d) Contacting Us. If you have any questions about these Terms or the Website, please contact us at info@crkn.ca.

Effective Date: July 19, 2021