Terms of Use

By using any of Artsculture Creative's digital services including various Apps, console platforms and sites such as Artsc.ca, Popj.ca, Artsculture.ca, RobertJBallantyne.ca, Mr. Ballantyne.ca, you agree to comply with these terms of use, the Submission Guidelines as well as all applicable laws. These terms of use may be amended from time to time, so please come back to review them periodically: THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ARTSCULTURE CREATIVE (Artsculture Creative).

1. Welcome to Artsculture Creative's Digital Services

By using any of Artsculture Creative's digital services including various Apps, console platforms and sites such as Artsc.ca, Popj.ca, Artsculture.ca, RobertJBallantyne.ca, MrBallantyne.ca, you agree to comply with these terms of use, the Submission Guidelines as well as all applicable laws. These terms of use may be amended from time to time, so please come back to review them periodically: THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ARTSCULTURE CREATIVE (Artsculture Creative).

Artsculture Creative allows you to access a variety of public-interest content, for your information and entertainment. It also makes available a digital public space for sharing ideas, comments and creations, and for participating in the community through interactive activities. Artsculture Creative is responsible for the content of its own productions and those it commissions.

Artsculture Creative must honour the agreements it has with its partners, and the collective agreements with its artists and collaborators. To that end, no publication, reproduction or communication of such content to the public is authorized except in the specific cases set out in the federal Copyright Act, upon granting of a licence by Artsculture Creative, or upon granting of clear permission for a particular subject or activity.

You

When you interact with Artsculture Creative digital services, you are responsible for the content you contribute by any means, whether through comments, in discussion forums or in programming-related activities, such as contests, interactive activities and also including using third-party social media. You must follow the Submission Guidelines and you must hold all of the required rights and authorizations to the content of your submissions, and you grant to Artsculture Creative a licence to reproduce and broadcast it.

Commenting

Specific terms apply to sites allowing discussion, including the requirement to register beforehand. The information gathered ensures transparency in public debate and accountability of participants. Information may also be used for statistical and informational analyses and public opinion trend monitoring, among other things.

If you access Artsculture Creative digital services through third-parties' platforms such as Facebook, Twitter or others, their terms of use apply in addition to the one of Artsculture Creative.

2. Artsculture Creative content

May I use Artsculture Creative content?

No, unless otherwise authorized. Artsculture Creative does not allow the reproduction or public communication of content that it produces or commissions, so as to protect the credibility and integrity of content that it broadcasts and to ensure fulfillment of the agreements with its authors, artists and others partners. Your access to Artsculture Creative digital services does not give you any rights to that content.

Artsculture Creative produces content or commissions it from third parties. That content usually requires working with partners or the public and negotiating rights with media artists, news agencies, authors, musicians and performers, for the use of pictures (videos, photos, drawings) and material from third-parties; those rights are protected by law.

To be allowed to reproduce or present certain content in public, you must first obtain a licence from Artsculture Creative, unless use is permitted by law or by special notice in connection with a program or interactive activity, subject to the terms and conditions stated therein.

Do these terms of use apply to news feeds (RSS) and podcasts?

Yes. These terms also apply to the use of Artsculture Creative news feeds. Any use other than for private purposes must be subject to an agreement with Artsculture Creative specifying the conditions for use with due regard for the integrity of the content. You agree not to frame the news feed or its content, nor to use similar means to generate unauthorized benefits.

May I repost content from Artsculture Creative digital services?

Yes, but only by hyperlinks or by special permission. You may place links to Artsculture Creative digital pages on your own web pages or sites or on social media. You may not repost content from Artsculture Creative digital services in any other way without first obtaining a licence. Artsculture Creative may, at its sole discretion, intervene to remove content communicated to the public without authorization on third-party sites and take legal action to enforce its rights.

What rights do I have to software and applications made available for my use by Artsculture Creative digital services?

Only for navigating. Some web activities require the use of software or applications—e.g., digital markers including cookies—specifically developed for such purpose. When such software and applications are made available to you, you have the right to download and use them for the sole purpose as intended by Artsculture Creative, but you have no other rights to reproduce, modify or adapt them for any purposes whatsoever.

Who should I address if I feel that content on Artsculture Creative digital services infringes my rights (copyright, image)?

Contact Artsculture Creative. You must notify Artsculture Creative as soon as possible. Notification must contain enough detail to enable us to easily locate the content in question as well as the information needed to contact you. You must, in fact, hold the rights to the material being infringed. On receiving such notification, Artsculture Creative will investigate as required and make the appropriate decisions.

Are official marks, trademarks, logos and identifications of media and programs on Artsculture Creative digital services protected?

Yes, all of them are legally protected and you need prior written permission to use them.

3. My submissions to Artsculture Creative digital services

What must I do to be allowed to participate in the Artsculture Creative digital communities?

Register and assume responsibility for what you submit. To participate in discussions on Artsculture Creative digital communities and some other programming-related activities, you may need to register. Registration insures accountability from community participants, allows Artsculture Creative to communicate with you when required and facilitates the application of Artsculture Creative’s internal policies.

Your registration information must be accurate and you are required to keep this information up to date. To post submissions, you may need a password, which belongs to you and for which you alone are responsible. Artsculture Creative retains the right to delete, ban or block your account, in its sole discretion, if you do not adhere to these Terms of Use or in case of legal infringement.

The information and the content of your submissions may from time to time be hosted on third-party servers under contract agreements with Artsculture Creative that guarantee the respect of Artsculture Creative’s internal policies, in Canada or elsewhere, in which case foreign legislation may apply.

What conditions apply if I wish to take part in activities related to general programming, contests or interactive content on Artsculture Creative digital services?

You are responsible for ensuring the legality of what you post. You alone are responsible for what you share with the public on Artsculture Creative digital services and the legality of your submissions, including privacy rights, image rights, reputation, copyright and other rights of third parties. You must obtain all required authorization from any third party when needed. By participating, you declare that you have retained all required rights for your submissions.

You must also obtain all required parental authorizations if you are minor in your province or territory of residence or if your submissions involve minors.

Moreover, each interactive activity or contest on Artsculture Creative digital services may have its own specific rules to follow, in addition to these Terms of Use. You must refer to the specific activity or contest webpage for those specifics.

Will Artsculture Creative review my communications before making them accessible to the public?

Sometimes. Artsculture Creative may review your submission before or after it is posted online, especially when it concerns a highly sensitive subject, has potentially illegal content or does not follow these Terms of Use or the Submission Guidelines. This moderation is not to be considered to be editing your submission. Such measures are essentially preventive and in no way diminish your responsibility. Your submission represents your views and opinions only, not those of Artsculture Creative.

Artsculture Creative may modify or edit your submission for a better understanding or for technical reasons, but not for content or meaning.

Artsculture Creative may revoke your permission to comment on matters of public interest if your registration contains false or incomplete information or if you do not comply with these Terms of Use or Submission Guidelines.

What rights does Artsculture Creative have in my posts on Artsculture Creative digital services?

Reproduction and distribution. When you post content (texts, images, sounds, etc.) to Artsculture Creative digital services, you grant to Artsculture Creative a royalty-free, irrevocable, perpetual, non-exclusive (unless otherwise indicated in specific terms), worldwide licence to publish, reproduce and distribute by any means of communication controlled or authorized by Artsculture Creative, including social media.

You keep the copyright in your submission. Any exceptions to this general rule will be specified on a case-by-case basis.

You waive all moral rights in your submissions and allow Artsculture Creative to modify it to facilitate understanding and to identify you as the author. Artsculture Creative is under no obligation to publish your submissions or to keep them accessible; such decisions are at its sole discretion.

If your submission includes your or someone else’s image or voice, you grant Artsculture Creative irrevocable permission to broadcast it by any means of communication controlled or authorized by Artsculture Creative. You give Artsculture Creative permission to publish your full name and city in any form or platform in connection with your submission. Similarly, you give Artsculture Creative permission to contact you for follow-up in connection with anything you submit to Artsculture Creative digital services.

Can content that I post to Artsculture Creative digital services be removed?

In specific circumstances. Artsculture Creative does not remove submissions once they have been posted, except for legal reasons, in particular circumstances or if the content is no longer a priority or relevant and in any case, at its sole discretion. This is out of respect for the historical integrity of Artsculture Creative communications and to facilitate understanding of prior or subsequent submissions.

Artsculture Creative reserves the right to remove a submission, for example to protect the rights of third parties involved. Content posted on Artsculture Creative digital services will be kept as long as required by law or by Artsculture Creative policies.

Content received but not posted on Artsculture Creative digital services may be erased.

4. Conducting business on Artsculture Creative digital services

May I use Artsculture Creative digital services for business or commercial purposes?

Only if specifically authorized by Artsculture Creative. You may not use any Artsculture Creative digital services for business or commercial purposes without prior written permission. You may, however, provide a link to a Artsculture Creative digital page; this will ensure full, unmodified communication of content and respect the rights of any third parties involved.

Who owns the content of the business partners on Artsculture Creative digital services?

The business partners. Artsculture Creative may make Web pages available to its business partners. In such case, the partner is solely responsible for the content of those Web pages. Making such pages available shall in no case be construed as endorsement by Artsculture Creative of the partner’s goods or services. The same is true of advertising posted on Artsculture Creative digital services. Content supplied by business partners belongs to them.

May I use content on Artsculture Creative digital services for institutional, educational or non-profit purposes?

Yes, with a proper licence by Artsculture Creative or as permitted by law. You may not use content on Artsculture Creative digital services for institutional, educational or non-profit purposes without a prior written licence. A licence will set out authorized uses, term and territory among other relevant conditions. To know more about our educational content, please contact Artsculture Creative.

5. Liability

What is Artsculture Creative’s liability with respect to Artsculture Creative digital services?

No warranty with regard to content or operation. Content provided on Artsculture Creative digital services is not intended to replace professional advice when required, in any field whatsoever.

Artsculture Creative offers no warranty with regard to the content or operation of Artsculture Creative digital services and assumes no responsibility for any interruption, whether intentional or not, in putting its programming, various services and submissions from the public online. Artsculture Creative neither assumes responsibility for nor offers any warranty concerning the security of any communications or unauthorized interception by third parties and wireless (wifi) services in its buildings, for any damage whatsoever, regardless of its nature or value.

What is my liability with respect to the use of Artsculture Creative digital services?

You must not hinder operations; must comply with the terms of use. Besides your responsibility for the content, your submissions to Artsculture Creative digital services may not, under any circumstance, have the effect of hindering or preventing other users from using Artsculture Creative digital services, nor modifying its operation or its effectiveness by any means whatsoever.

You may neither use Artsculture Creative digital services other than for private purposes, unless otherwise authorized under specific agreements with Artsculture Creative, nor may you use Artsculture Creative digital services for any illegal purpose.

You are liable for any damage arising from not complying with these Terms of Use, Submission Guidelines or with any other law or regulation applicable to your submissions. If your submissions to Artsculture Creative digital services require a name and a password, you are responsible for ensuring their confidentiality.

Are the rights in software, applications and other tools to facilitate communications protected?

Yes. The rights in those tools belong to Artsculture Creative or to third parties. No other use except navigating Artsculture Creative digital services is authorized without the prior consent of the rights holder.

6. Personal Information

Does Artsculture Creative protect the personal information collected when I use Artsculture Creative digital services?

Yes. Artsculture Creative applies strict measures to protect the personal information that it collects. All personal information collected is governed by the federal Privacy Act and by Artsculture Creative’s Personal Information policy and Privacy Protection. This protection may, however, be revoked should the legality of your communications be in question.

Does Artsculture Creative use tools such as web analytics software, data management platforms, customer relationship management, or advertising targeting technology?

Yes. Most of this data is aggregated and used for statistical analysis purposes. Artsculture Creative collects information using digital markers and analyzes data to evaluate the performance of its digital platforms and to optimize the online experience. This data is used for research, planning and reporting purposes. It is also used to provide an enhanced experience — allowing Artsculture Creative to make better recommendations, serve more relevant ads, helping Artsculture Creative make more content that is relevant for you.

It may also be used by software to personalize digital experiences for you, such as improved search, newsletters, and recommendations.

Artsculture Creative may work with third-party providers for web analytics, in which circumstances it requires that IP address be depersonalized. Artsculture Creative may work with third-party providers for Single Sign On which will require IP addresses, email, and device fingerprinting information to be shared across multiple third parties. In such case, Artsculture Creative requires, through appropriate contract clauses, that any data so collected not be used for any other purpose without the Corporation’s prior written consent and that the third party provide a level of protection equivalent to the one used by Artsculture Creative to protect its own information as per its Personal Information and Privacy Protection policy.

What security protocols are used when I use social media?

Those of Artsculture Creative and the social media platforms, as the case may be. Artsculture Creative’s use of social media constitutes an extension of its digital presence. Social media accounts (Facebook, Twitter, etc.) are public and not hosted on Artsculture Creative servers. Users who interact with Artsculture Creative through social media platforms must refer to the conditions of service and privacy policies of these third-party service providers.

Personal information that you provide to Artsculture Creative through social media accounts is collected in order to capture conversations between you and Artsculture Creative. It may be used for inquiry response, statistical measurement and reporting purposes.

Does Artsculture Creative use information for personalization?

Yes. Some systems do require you to be in a signed-in, authenticated state with the Artsculture Creative. This authenticated data is used to personalize your experience. Some systems store anonymous information about what you are looking at on our sites so we can more accurately target content and advertising for you.

Does Artsculture Creative use my location data?

Yes. In several ways. In order to send you relevant alerts, by signing up, you agree that we use the GPS location reported by your device. We will also determine which local region is closest to you (based on your IP addresses’ geographic location or mobile device’s location), to serve weather, news, and sports that is likely most relevant. We will also use this data to further personalize and localize content. Additionally, multiple technologies use aspects of network connection to estimate where you are, which is used for ad targeting, reporting and statistical purposes.

Artsculture Creative Content Submission Guidelines for Artsculture Creative Owned or Controlled Platforms (Content Submission Guidelines)

All Artsculture Creative platforms are open to people of every age, race, religion, sex, ethnic origin and sexual orientation.

Tell us your story, be a part of the conversation. Artsculture Creative wants you to participate in sharing the content you create/upload (Your Content) with us on all of our platforms. Your Content includes but is not limited to online comments, video uploads and photo submissions.

We want your engaging photos and videos that capture breaking news and/or compelling stories. In addition, we regularly solicit Your Content on various topics for programs and stories, blogs, contests and many other types of interactive engagement.

Artsculture Creative platforms are not anonymous and the use of pseudonyms is prohibited. Upon registering, you must provide your first and last names, which will appear alongside each of your submissions to our site. Artsculture Creative reserves the right to disable any comment if there exists a doubt as to the identity of its author. Stealing another person's identity with the intent to mislead or cause harm is a serious offense punishable by expulsion from the community.

By submitting Your Content, you grant us the non-exclusive right to use your content royalty-free, in perpetuity. You also represent and warrant to Artsculture Creative that you hold all of the required rights and authorizations to Your Content. Your Content may be published on Artsculture Creative owned or controlled platforms, and may even be included in our stories. Artsculture Creative cannot guarantee that Your Content will be published. We may also edit Your Content for length, size or clarity. Your Content may be indexed by Internet search engines. Artsculture Creative has no obligation to remove Your Content from its platforms even if you make a request. You should think carefully about your intent and the consequence of publication of any of Your Content.

When you share Your Content with us:

  • Keep Your Content relevant to the topic and avoid repetitive posting.
  • Be respectful and courteous, as if you were having a face-to-face discussion.
  • If you are writing about legal issues, remember that people are innocent until proven guilty (that may mean using words such as "allegedly").
  • Feel free to link internally within the Artsculture Creative site as many times as you would like. As for external web addresses, we allow no more than three links per post. Artsculture Creative does not endorse the content of external web sites and has no liability as to their content in any event. Artsculture Creative reserves its right to take-down any external link.
  • Use English or French for all of your exchanges and comment. Other languages cannot be used except for an occasional word.
  • We want to hear your own opinion. Your Content must be created and owned by you, including any music and artwork. Breaking copyright rules is not permitted (that includes copying and pasting excerpts from other sites without permission and attribution). If the majority of Your Content was written or created by someone else, even with a proper credit, it won’t be accepted.
  • Any of Your Content that is offensive and likely to expose an individual or a group of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability is prohibited.

The following kind of Your Content is also prohibited:

  • Pornography, vulgarity, obscenity or sexually explicit content
  • Anything illegal
  • Hate speech
  • Threats, harassment
  • Personal attacks, insults and defamatory statements
  • Threats or suggesting committing a criminal act
  • Attempts to mobilise people for any purpose outside of an Artsculture Creative event
  • Respect other people's privacy by not including personal information in Your Content (such as phone numbers and email addresses) or private dialogue.
  • Be sensitive in 'Your Content' regarding the death or injury of private individual, especially children.
  • Make it personal, not commercial by leaving out press releases and commercial promotions.

If you violate any of these guidelines, Your Content will not be accepted and your account may be suspended or blocked. Artsculture Creative reserves the right to not open a forum on any given story or to close a forum at any time without notice and to reject the publication of any of Your Content. Artsculture Creative reserves the right to change these Content Submission Guidelines at any time without notice.

Copyright

All the information contained within these World Wide Web Pages is Copyright Artsculture Creative. All Rights Reserved.

All Trademarks mentioned herein belong to their respective owners.

All the information contained in Artsculture Creative World Wide Web pages is provided "as is". Artsculture Creative disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall Artsculture Creative be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this information.

The information contained in Artsculture Creative World Wide Web pages could contain technical inaccuracies or typographical errors. Artsculture Creative reserve the right to make changes to any information contained within its World Wide Web pages and to make improvements and or changes in the products and programs described in its World Wide Web pages at any time and without notice.

Last updated: October 27, 2018

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