MURAL ROUTES

VIDEOCONFERENCE PLATFORM DIGITAL BACKGROUNDS PROJECT

TERMS OF USE

1. Introduction

Mural Routes Incorporated (“Mural Routes”, “we”, “us” or “our”) owns and operates the website www.muralroutes.ca (the “Website”), that hosts the Videoconference Platform Digital Backgrounds Project (the “Project”).

Through the Website, Mural Routes provides users with access to digital artworks (the “Artworks”) that are available for free download for use as backgrounds for digital video applications (i.e. Zoom, Google Meet, Teams, Webex and GoToMeeting). These Terms of Use (“Terms”), govern your access to and use of the Website and the Artworks.

Please read these Terms carefully. They constitute a legal agreement between you and Mural Routes. By accessing or using the Website or the Artworks, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time, in relation to your entire relationship with Mural Routes, both before and after your acceptance of these Terms. If you do not agree to these Terms you must not use the Website to access the Artworks.

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at muralroutes.ca/digital-terms/. Your continued use of the Website or the Artworks after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

2. Access to and use of the Website

By using this Website, you represent and warrant that you are the legal age of majority under applicable law in the jurisdiction where you access the Website, to form a binding contract with Mural Routes and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not use the Website to access the Artworks.

By using the Website you represent, warrant, and covenant that you (i) can form a binding contract with Mural Routes; and (ii) you will comply with these Terms and all applicable laws, rules, and regulations.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile, distribute, modify, create derivative works of, publicly display, publicly perform, republish, make available, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except one (1) single non-transferrable user copy of any Artwork may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms.

You are not permitted to modify copies of the Artwork or any Materials (as defined below) from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Artworks. You must not access or use for any commercial purposes any part of the Website or Materials available through the Website including the Artworks. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

3. Proprietary Rights and Licences

Licence to use the Website and Artworks. Subject to these Terms, Mural Routes grants you a limited licence to use the features of the Website and Artworks for your own personal use and not for the benefit of a third party or for any commercial purpose, in accordance with these Terms. The licence granted is non-exclusive, may not be transferred or sublicensed to any other person or entity, and may be revoked by Mural Routes at any time, in its sole discretion.

Ownership of the Website and the Artworks. You acknowledge and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, and the Artworks including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of Mural Routes, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Website or the Artworks convey or will convey to you any right, title, or interest in or in relation to the Website or the Artworks, except for the limited licence that is granted to you expressly in these Terms. All rights in and to the Website, the Artworks, and the intellectual property in and related to them are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.

Ownership of Trademarks. You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by Mural Routes in connection with the Website or the Artworks (the “Trademarks”) are and will remain the sole and exclusive property of Mural Routes, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or licence to use any Trademark without the express written consent of its owner.

4. User Feedback

Mural Routes welcomes any feedback, comments and suggestions you may have to improve the Website and the Project (“Feedback”), by contacting us directly at info@muralroutes.ca. You hereby grant Mural Routes and its designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and Mural Routes will not be liable for any future use or disclosure of such Feedback.

5. Content Disclaimers

By using the Website and the Artworks, you agree that it is solely your responsibility to evaluate the risks associated with the use, accuracy, usefulness, completeness, and appropriateness of the Website, the Artworks, and the content they may contain, or to which they may provide or facilitate access, from time to time. Under no circumstances will Mural Routes be liable to you in any way for any content, including but not limited to the Artworks, that contain any errors, omissions, defamatory statement, for any loss or damage of any kind incurred as a result of the use of any content made available on, through or in association with the Website including the Artworks, or for the removal of any content from the Website for any reason. For clarity, and without limiting the generality of the foregoing, you acknowledge and agree that the inclusion of any content on or through the Website and Artworks does not imply Mural Routes’ endorsement of such content and that Mural Routes does not make any claim as to the legality of any content.

6. Advertiser Disclaimer

Mural Routes does not endorse and is not responsible or liable for any, content, data, or advertising available on the Website or otherwise in connection with the Project from or through any third party including authors of the Artworks or sponsors of the Project. You agree that, if you use or rely on any content, data, or advertisement, Mural Routes is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with that use or reliance. Your dealings with any third party, and any terms, conditions, representations, or warranties associated with those dealings, are solely between you and that third party and do not involve Mural Routes. You should make whatever investigations that you deem reasonable or necessary or appropriate before contacting, hiring, purchasing products or services from, or otherwise engaging with any third party.

7. Linked Website Disclaimer

The Website may provide links to third-party websites for your convenience only.  Mural Routes is not responsible for those websites and the inclusion of these links does not imply that Mural Routes either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions. We encourage you to be aware when you click these links and leave our Website. Your use of these third-party websites is at your own risk. Mural Routes is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.

8. Availability and Currency of the Website and Artworks

While Mural Routes endeavours to keep downtime to a minimum, we cannot promise that the Website, access to the Project or availability of the Artworks will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Website or the Project, or any part thereof, with or without prior notice for any reason.

You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Website and the Artworks.

Mural Routes updates the information on the Website periodically. However, Mural Routes cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of that information. Mural Routes may revise, supplement or delete information, Artworks, and services or resources contained on the Website and reserves the right to make such changes without prior notification to past, current, or prospective users.

9. Internet Software or Computer Viruses

Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website or included in the Artworks. Computer viruses or other destructive programs may also be downloaded inadvertently from the Website or transmitted inadvertently through the Artworks. Mural Routes recommends that you install appropriate anti-virus or other protective software.

Mural Routes is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Website or the Artworks or your downloading or otherwise acquiring the Artworks or any content, or Materials or information from the Website or through the Artworks.

10. General Representations and Warranties

Mutual Representations. Each party represents and warrants that it has validly entered into these Terms and has the legal power to do so.

11. General Restrictions and Code of Conduct

While using the Website or the Artworks you agree to comply with these Terms and all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website and the Artworks. In addition, you agree that you will not:

• use the Website or the Artworks for a commercial purpose or for the benefit of any third-party in a manner that is not permitted by these Terms;
• reverse-engineer, disassemble, or otherwise attempt to discover the source code to the Website
• reverse engineer, disassemble, edit, alter, adapt, create derivative works or otherwise incorporate the Artworks;
• remove any proprietary notices, labels, or other intellectual property or ownership rights management information from the Website or the Artworks;
• mirror or frame any part of the Website, the Artworks, or any of the content they contain, without our express prior written consent or as expressly permitted by these Terms;
• use any robot, spider, site search or retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise reproduce or circumvent the navigational structure or presentation of the Website or the Artworks;
• violate any applicable law or regulation;
• engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Website, the Artworks, or our computer systems; or
• encourage or enable any other individual to do any of the above.

Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. Mural Routes reserves the right to terminate this agreement and revoke your right to access the Website or the Artworks if you violate these Terms, misuse the Website, the Artworks, or any data, content or Materials they contain, or act in a manner that Mural Routes regards as inappropriate or unlawful in our sole discretion.

12. Termination and Suspensions

Mural Routes may, at any time and from time to time, without notice, suspend or terminate your access or right to use to the Website or the Artworks if Mural Routes determines, in its sole discretion, that

• you have violated or otherwise breached these Terms;
• any information provided by you is untrue, inaccurate, not current, or incomplete; or
• you, or any other parties, are obtaining unauthorized access to the Website, the Artworks, or Materials, or any other systems or information of Mural Routes.

You agree that, upon the suspension or termination of your access or right to use the Website or the Artworks, you will immediately cease and desist from all use of the Website and the Artworks. In the event your right to access the Website and the Artworks is terminated, upon Mural Route’s written request, you will promptly destroy all copies of the Artworks retrieved from the Website, together with any and all copies made of the Artworks and certify in writing that all Artworks, and all copies thereof have been destroyed.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access to the Website.

13. General Disclaimer and Limitation of Liability

The Website, the Artworks,, and any and all other content, information, and other materials available through the Website (collectively, the “Materials”) are provided “as is”, “where is” and “with all faults”, without express or implied representation, warranty, or condition of any kind. To the maximum extent permissible under law, Mural Routes disclaims all representations, warranties, and conditions, express or implied, including but not limited to implied representations, warranties, or conditions of merchantability or fitness for a particular purpose. Mural Routes does not represent or warrant that the Website, the Artworks, the Materials will meet your requirements or that their use will be uninterrupted or error-free.

You assume all responsibility and risk for use of this Website, the Artworks and the Materials, including without limitation any of the information contained therein. 

In no event will Mural Routes, any of its parents, subsidiaries, affiliates, or their respective directors, officers, employees, shareholders, investors, partners, principals, agents, employees, staff, contractors, successors, licensees, or assigns (together, the “Mural Routes Parties”) be liable for any incidental, indirect, punitive, exemplary, consequential, or other similar damages whatsoever, or for any damages for loss of profits, loss of revenues, or loss of information, arising under or out of these Terms, including without limitation, your use of, reliance upon, access to, or exploitation of the Website, the Artworks, any linked websites or such other third-party websites, nor any Website content Materials, or any part thereof, or any rights granted to you hereunder, even if the Mural Routes Parties have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence and misconduct), infringement of intellectual property rights, or otherwise.

In any event, the Mural Routes Parties’ total maximum aggregate liability under these terms or in connection with the use or exploitation of any or all part of the Website, the Artworks, or Materials, in any manner whatsoever, will be limited to Five Canadian Dollars ($5.00 CAD).   

The Mural Routes Parties do not assume any risks beyond those expressly stated in these terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Mural Routes Parties from and against any claim, loss, obligation, demand, damage, cost, liability, or expense (including legal fees and disbursements) they may incur, directly or directly, arising from (i) your use of or access to the Website or Artworks; (ii) your violation of any term of the Terms; or (iii) your violation of any third-party right, including any intellectual property, or property right. This defense and indemnification obligation will survive these Terms and your use of the Website and/or the Artworks.

15. Governing Law

These Terms and your use of our Website and Artworks are governed by the laws of Ontario and the federal laws of Canada applicable to contracts made and performed entirely within Ontario. Any dispute arising under these Terms will be resolved by the courts located in Toronto, Ontario, which you agree will have jurisdiction over any such dispute.

16. Copyright Dispute Policy (Canada)

If you believe that material or content that resides or is accessible on or through the Website or Artworks infringes a copyright, please send a notice of claimed infringement to Mural Routes, either by email at info@muralroutes.ca or by mail to the following address: 1859 Kingston Rd, Toronto, ON, M1N 1T3. The notice should contain the following information:

• contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
• identification of the work or other subject matter to which the claimed infringement relates;
• a description of the claimant’s interest or rights in or to the work or other subject matter;
• identification of electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that Mural Routes is capable of finding and verifying its existence;
• the date and time of the commission of the claimed infringement; and
• any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

• an offer to settle the claimed infringement;
• a request or demand, made in relation to the claimed infringement, for payment or for personal information;
• any reference, including by way of hyperlink, to such an offer, request, or demand; or
• any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, Mural Routes will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is Mural Routes’ policy to remove or disable access to the infringing material.

17. Miscellaneous

You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Mural Routes and obligations assumed by you, except with Mural Routes’ prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.

No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.

The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms, together with any additional terms and conditions presented to you at the time of your use of the Website, Artworks, or Materials and to any separate written agreement between you and Mural Routes, constitute the entire agreement; there are no representations, covenants, or other terms other than those set out thereunder, and supersedes any previous discussions, understandings, or agreements, between the parties relating to its subject matter.

18. Questions, Concerns, and Suggestions

If you have any questions, concerns or suggestions regarding the Website, Project, Artworks, any Materials, or these Terms, please contact us at: info@muralroutes.ca