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Privacy

PREAMBLE

The terms and conditions of use and privacy policy (collectively, the “Terms of Use”) listed here apply to any application or content located on the domain space https://agnes.queensu.ca or https://www.agnes.queensu.ca (“Site” or “the Site”) of Agnes Etherington Art Centre made by you, as well as to any agreements concluded between you Agnes Etherington Art Centre.

If you do not agree to these Terms of Use, you should not buy any products or services (“Items”) through the Site. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these Terms of Use periodically for any changes. Your continued use of the Site signifies your acceptance of these changes.

TERMS AND CONDITIONS OF USE CONDUCT

Agnes Etherington Art Centre will not permit any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site. You cannot post on or transmit through the Site, either directly or indirectly through a third party, any unlawful, threatening, fraudulent, abusive, harassing, harmful, defamatory, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial/regional, national, or international law.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

E-NEWSLETTER

If you advise us that you wish to subscribe to our e-newsletters, your information will be used to provide you with our e-newsletters.

DELIVERY AND SHIPPING

You will receive an e-mail confirmation of your order of Items and we will ship it using Canada Post Regular Parcel Service.

PAYMENT

The Agnes Etherington Art Centre accepts the following forms of payment for the online store: VISA and MasterCard. All prices are in Canadian Dollars.

REFUNDS

If you are not satisfied with Items you purchased on the Site, you may obtain a full refund if the item is retuned in good condition within 60 days of purchase.

Registration fees for courses, workshops and camp programs are subject to the Cancellation Policy:

Cancellation notification must be received in writing, by hard copy of via email to pubprog@queensu.ca. In the event of cancellation of registration, we charge a non-refundable $25.00 processing fee.  If you cancel less than one week before the first day of the program and in advance of the last business day before the course commences, we will refund 50% of the fee. No refunds are available after this period.

We reserve the right to cancel a class or camp if there is insufficient registration.  In such cases, we will offer a full refund, or the option to apply the fee to another program, at the discretion of the registrant.

MONITORING

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind:

  1. to satisfy any law, regulation, or government request;
  2. if such disclosure is necessary or appropriate to operate the Site;
  3. to protect our rights or property or the rights of the users.

We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site.

APPLICABILITY

By ordering Items from this Site, you understand and agree that you are entering into a contract directly with Agnes Etherington Art Centre in Kingston, Ontario, Canada (“Kingston”) and that your order is being accepted by Agnes Etherington Art Centre in Kingston. You further understand and agree that in all circumstances relating to or arising from the use of the Site and/or from any agreement between you, Canadian law shall govern the agreement. Any disputes relating to or arising from the use of the Site and/or from any agreement between you and us must be submitted to a competent court in Ontario. We cannot make representations that any product referred to on the Site is appropriate for use, or available, everywhere in the world.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

COPYRIGHT

The Agnes Etherington Art Centre is committed to protecting the copyrights and other intellectual property rights of creative artists and others. All images and text (“materials”) posted on the Art Centre’s website are thereby protected by copyright. The user may not distribute, modify, transmit, reuse, download, copy, or use the materials on this site for public or commercial purposes, or for personal gain, without the express written permission of the Art Centre. Any unauthorized use of these materials may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws. To learn more about how to request permission to use the materials on the site, please see the section on “Obtaining Permission” below.

OBTAINING PERMISSION AND MATERIALS

Agnes Etherington Art Centre may provide access to its digital, photographic and textual materials. Access to any materials held by Agnes Etherington Art Centre should be obtained from this institution so that correct captions, credit lines, and other restrictions may be observed. Please contact Jennifer Nicoll jennifer.nicoll@queensu.ca, for details or fill out [LINK TO ONLINE FORM 11.6]. All reproductions of images are made to order and clients will be invoiced accordingly. Photographic reproduction costs are charged in accordance with the current price schedule, which is subject to change without notice. Usage fees may also apply.

PRIVACY POLICY

We respect the personal privacy of all users of the Site and will at all times seek to comply with the Canadian Data Protection Act (“CDPA”). Please read the following to learn more about our policy; use of our web site indicates your acceptance of this policy.

PERSONAL DATA

Agnes Etherington Art Centre in Kingston is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

The personal data we collect about our users shall be carefully and adequately processed. To process your order we will ask you for personal data when you register for a purchase. You will need to give your consent before any processing happens. Your personal data will only be used for the purposes stated in these Terms of Use and/or at the point of collection. Agnes Etherington Art Centre in Kingston will not collect information about you without your consent.

By providing your email address in conjunction with a purchase transaction you authorize Agnes Etherington Art Centre in Kingston to communicate with you by email regarding this purchase transaction. This authorization applies regardless of whether the purchase transaction is finalized.

We take precautions to protect personal data collected through the Site but in the event that unauthorized third parties infiltrate our system we will not be liable for any resulting misuse of the personal data.

DISCLOSURE OF INFORMATION

Agnes Etherington Art Centre will not disclose or share any personal information you provide to us with any other party without your permission, except if requested to do so in accordance with a court order, subpoena, or similar legal order, and in the event such disclosure is necessary to protect the rights, property, and safety of the Art Centre, our users, and other third parties. Agnes Etherington Art Centre will not sell, trade, or rent your personal information to others.

CHILDREN

The Art Centre does not solicit personal information from children. Site users who 18 years of age and under must obtain adult permission before submitting any personal information to this site.

LINKS

Agnes Etherington Art Centre provides links to other third party web sites, and we encourage other web sites to provide links to our site. Third party web sites operate according to their own terms of use and privacy policies. Agnes Etherington Art Centre has no control over such third party web sites. Therefore, users must acknowledge and agree that the Art Centre is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or dependence on any such content on or available from such sites.

CHANGES TO OUR POLICY

Agnes Etherington Art Centre may alter this policy periodically. If substantial changes are made in the way we use your personal information, we will notify you by posting a prominent announcement on this page.

DISCLAIMERS

The Site is provided “as is” and we exclude all warranties of any kind to the fullest extent permissible by applicable law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses. For greater certainty, we expressly disclaim to the fullest extent permissible by applicable law any and all express or implied warranties of any kind, including without limitation warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the Site.

You agree that the Site, including the content, is provided free of charge. Neither we will be liable to you nor any person for any loss or damage of any kind that may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us. We will endeavor to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of said information.

Any of our liability, whether in contract, tort (including but not limited to negligence), product liability or otherwise, resulting from your use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect or consequential damages or any other damages of any kind are in all circumstances excluded.

Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of products sent to you.

If any provisions of these Terms of Use are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

INDEMNITY

You agree to indemnify, defend and hold harmless Agnes Etherington Art Centre in Kingston and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.

CONTACT

If you have any questions or concerns about our online policy, practices, or use of the site, please contact:

Administrative Coordinator
Agnes Etherington Art Centre
Queen’s University
Kingston, Ontario, Canada K7L 3N6
T (613) 533.2190
F (613) 533.6765
Email kate.yuksel@queensu.ca