PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS
THE PRESENT TERMS AND CONDITIONS RELATIVE TO THE USE OF THE WEBSITE MUSEOPARC.CA AND THE MOBILE APPLICATIONS OF THE VANIER MUSEOPARK, INCLUDING ALL CONTENT (THE SITE AND MOBILE APPLICATIONS WILL BE COLLECTIVELY CALLED THE “APPLICATION”):
BY ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO THEM, YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION AND YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL IT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN MUSEO AND YOU (“AGREEMENT”). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE RESPONSIBILITY OF MUSEOPARC.
THE APPLICATION MUST ONLY BE USED BY INDIVIDUALS OF THIRTEEN (13) YEARS OR MORE. IF YOU ARE THIRTEEN (13) YEARS OLD OR MORE, BUT IF YOU HAVE NOT REACHED MAJORITY OF AGE IN YOUR JURISDICTION, YOU MUST REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN BEFORE CONTINUING TO ENSURE THAT YOUR PARENT OR GUARDIAN AND YOU UNDERSTAND THEM. IF YOUR PARENT OR GUARDIAN DOES NOT RECOGNIZE OR AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND STOP USING IT.
You are responsible for ensuring that your device meets all the technical specifications necessary to allow you to access and use the App. You will receive a personal, non-exclusive, non-transferable license to install and use the App on mobile devices that you own or control personally under these Terms. Apple Apps licenses are licensed for use on a device owned or controlled by you and equipped with the Apple iPhone OS operating system, so you must ensure that you use an appropriate device to access any Apple application and to use it. Other applications may only be used on a device that you own or control and that has the operating system for which the Other Application has been designed. You may not install or use the App on a device that does not belong to you or that you do not control. The Application is provided for lawful uses only and is protected by applicable intellectual property laws and treaties. The modification or use of the Application for any other reason violates the intellectual property rights of the Museopark. The Application is licensed, not sold. All rights in the Application are and will remain the exclusive property of the Museopark and / or its licensors. Nothing in these Terms is intended to transfer any of these rights to you or to invest in any of them. You are only entitled to the limited use of the Application granted to you in these Terms. You will not take steps to interfere, limit or endanger the rights of the Museopark and / or any of its licensors. All costs associated with downloading, installing, accessing and using the App are at your expense and depend on the service provider of your mobile device. You must not use the App when you occupy the driver’s seat of a vehicle (or any other form of transportation) that is moving or that is stationary but not in the “parking” position. You must comply with all applicable rules and regulations before and while using the App. For security reasons, you should only use the App when it is legitimate and safe to use.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity on your account. You agree to immediately notify the Museopark of any unauthorized use of your account or password or any other breach of security. You agree and are responsible for providing accurate information when you provide your account details and to ensure that your account details are up-to-date. You are solely responsible for controlling the release and use of your password, controlling access and use of your account and informing the Museopark when you wish to cancel your account or no longer receive electronic forms of communication whatever they are. The Museopark will not be liable for any loss or damage resulting from your failure to comply with this provision.
You may not: decompile, reverse engineer, disassemble, or otherwise convert or allow any third party to decompile, reverse engineer, disassemble or otherwise convert, the App in a form noticeable to humans; make copies of the Application; distribute or republish, download, publish or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or these Terms to any third party. If you download any software from the Application, the Software, including all files, images, contents in or generated by the Software, and related data (together, the “Software”) are considered to be granted licensed by the Museopark or its licensors, as applicable.
You are NOT allowed to use the App for:
Possible evidence of the use of this Application for these reasons will be provided to the police authorities and are subject to the production of documents required by law.
The Museopark is not responsible for any damages or injury caused by the use, or inability to use, of the Application, including, without limitation, non-performance, errors, omissions, interruptions, defects, delays transmission operation, computer viruses or line failures. The Museopark is not liable for any damages or injuries, including, without limitation, indirect, special, incidental, punitive or consequential damages resulting from the use, or inability to use, of the Application, even if there is negligence on the part of the Museopark or if an authorized representative of Museopark has been informed of the possibility of such damage, or in both cases. The above limitations or exclusions may not apply to you to the extent that applicable law permits the limitation or exclusion of liability. The Museopark’s total liability to you for all losses, damages and causes of action (under contract, tort (including, without limitation, negligence) or otherwise) will be the lesser of (i) the amount you paid to use the Application, or (ii) if the Application was free, an aggregate amount of $ 100 CAD. The Museopark’s rights under the law to recover damages or other compensation under these Terms are reserved rights.
You agree that the Museopark may collect and use technical data about your device, your system software and application, and your devices. This technical data is collected periodically to facilitate the provision of software upgrades and application-related support.
In order for the Museopark to better meet your preferences, by using the Application, you agree and consent to the Museopark’s ability to collect, use and transmit the information you provide by using the Application, and other information that enables you to identify you personally through your use of the Application or specifically provided by you when you use the Application through the Museopark account registration or otherwise (“Personal Information”), to facilitate the improvement and provision of products, offers, promotions, other services or other technologies and advertising content.
You agree and consent that the Museopark uses your personal information to provide you with products, offers, promotions, or other personalized services or technologies, and advertising content. Your personal information will only be used in accordance with the Museopark Privacy Policy [museoparc.ca/politique-confidentialite/].
Location information: With your consent, we may collect location information through your use of the application including location information collected through Geo-location capabilities, GPS, Bluetooth or other similar capabilities of your phone mobile phone or your device (“Location Information”). We will only collect the Location Information if you agree, through a membership option, to receive certain features of the Application (during the initial download of the Application, during a login or later) and by enabling these capabilities on your mobile device. Once the membership option is accepted, the Application will continue to collect the Location Information until you close the Application (location information will continue to be collected if the App is running in the background or change the settings on your phone or other device to disable GPS, Bluetooth, or similar capabilities, or change the settings on your phone or other device. to prevent the App from collecting your location information. The Museopark considers the Location Information as Personal Information.
Information on the use of the Application: When you use the Application, information about how you interact with the Application and how you use it can be collected automatically (“Application Usage Information”). To the extent that the Application Usage Information identifies you as an individual, the Museopark considers it to be Personal Information.
Grouped personal information: The way you use our App and you visit our museum is important to us. We may therefore aggregate and compile Personal Information with information about other purchases you make in the Museopark Museum and any other Personal Information you have consented to provide (“Aggregated Personal Information”).
Personal Information, Whereabouts Information, Application Usage Information, and Personal Information (collectively, “Permitted Information”) are used for purposes such as improving the functionality and features of our site and application, to respond to your inquiries and communications, to research consumer behaviors and / or interests, to improve our services or products, and to provide you with information about our offers and special promotions in our museum.
The Museopark may share Authorized Information in the following ways:
The Museopark may store any information we collect (authorized or otherwise) in databases owned and maintained by us, our agents or our service providers. These databases are stored in Canada. By using our Application, you consent to the storage and transfer of your Authorized Information and any other information as described above.
You may use the Application without providing personal information. You may also limit the personal information we collect by logging out of the App, uninstalling it, turning it off, or preventing it from using the geo-location, Bluetooth, or similar capabilities of your mobile device. However, if you take such measures, this may prevent you from using certain features or aspects of the App.
Any questions and concerns regarding the confidentiality of your personal information should be directed to:
General Director
direction@museoparc.ca
300, des Pères-blancs Avenue
Ottawa ON K1L 7L5
Phone: (613) 842-9871
If you register for a Museopark account using the Application, you will have the option to accept, through a membership option, receive email communications from the Museopark who will send you promotions. (“Email Communications”).
THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MUSEOPARC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ALL MATERIAL IN RELATION TO IT ARE PROVIDED “AS IS”, “BASED ON AVAILABILITY” AND WITHOUT ANY EXPRESS OR EXPRESS WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAWS. IN FORCE. THE MUSEOPARC DOES NOT WARRANT THAT THE FUNCTIONS OFFERED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR SERVER THAT MAKES IT AVAILABLE DOES NOT CONTAIN VIRUSES OR OTHER HAZARDOUS COMPONENTS. MUSEOPARC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE APPLICATION WITH RESPECT TO ITS ACCURACY, ACCURACY, RELIABILITY, OR OTHERWISE. MUSEOPARC DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION. YOU (AND NOT THE MUSEO) MUST ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR REPAIR. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, SO THAT THE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. You assume full responsibility for your use of the application and all linked sites. YOUR SOLE REMEDY AGAINST MUSEOPARK FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION AND ANY CONTENT. This limitation of the appeal is part of the negotiations between the parties.
The application may contain downloadable material. The Museopark is not responsible for the content of such downloadable material or such external sites and has no control over them. You understand and agree that the Museopark cannot guarantee, and does not warrant, that files or software of any kind, or from any source whatsoever, available for download through the this application, will be free of viruses, computer glass, Trojan horses, code or defects that have contaminating or destructive properties.
The App can also allow you to connect to the App using existing login information from social network services such as Facebook, Twitter, Google+ or other social media platforms instead of having to create a new login account specifically for the Application (“Third Party Services”). The Museopark has no control, makes any representations or warranties with respect to any Third Party Services to which you may have access. The Museopark is not responsible for the availability of these Third Party Services and does not endorse and is not responsible for any material or content appearing or available on such Third Party Services. Your use of the Third Party Services may be subject to additional terms, including software license terms imposed by such third parties.
The Museopark may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by putting the Application out of service. You may terminate these Terms at any time for any reason without giving prior notice to the Museopark by uninstalling the App from your device.
These Terms, including any supplements and updates, constitute the entire agreement between the parties with respect to the use of the Application.
The Museopark may revise these Terms at any time and in its sole discretion by changing these Terms in the Application. You are responsible for checking these Terms periodically to ensure that there is no change. If you continue to access or use the Application after such changes have been made to the Terms, this will constitute your acceptance of those changes.
If you have any questions or comments about the Application, please contact the Museopark at (613) 842-9871
These Terms incorporate and supplement the terms and conditions of Apple Inc. (“Apple”) (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation, the Licensed Application End User Terms and Conditions (“Apple Terms”). If the App you are accessing and using is an Apple application: