Last modified: May, 2024
- Introduction
Mural Routes Incorporated (“Mural Routes”, “we”, “us”, or “our”) is a not-for-profit arts service organization in Canada dedicated to the creation, development, and promotion of public wall art. Mural Routes activates communities by facilitating the creation of responsive, collaborative murals, and provides opportunities to build and advance careers in mural art. In connection with these activities, Mural Routes owns and operates the platforms as available through muralroutes.ca and muralmapofcanada.ca, including our interactive Mural Map of Canada (collectively, the “Platform”). Mural Routes also provides certain communications and services in connection with your access to and use of the Platform (collectively, the “Services”).
These Terms of Service (the “Terms”) govern your access to and use of the Platform and the Services. These Terms incorporate our Privacy Policy by reference. You can access our Privacy Policy here.
Please read these Terms carefully. They constitute a legal agreement between you and Mural Routes. By accessing or using the Platform or the Services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your entire relationship with Mural Routes, both before and after your acceptance of these Terms. - Changes to these Terms
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 on the Platform. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance, as required by applicable law. Your continued use of the Platform or the Services 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. - Proprietary Rights and Licences (Platform, Services, and Data)
Licence to Access and Use the Platform and Services. Subject to these Terms, Mural Routes grants you a limited licence to access and use the features of the Platform and Services in accordance with these Terms. The licence granted is personal, non-exclusive, and may not be transferred or sublicensed to any other person or entity. The licence may be revoked by Mural Routes at any time, in its sole discretion. - Murals and other User Content
Intellectual Property Rights and Ownership
You understand 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, digital murals, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Mural Routes, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Mural Routes’ name and logo, and all related names, logos, product and service names, designs, images, and slogans, are trademarks of Mural Routes or its affiliates or licensors. You must not use such marks without the prior written permission of Mural Routes. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
c) in the event social media platforms are linked to certain content on our Website, you may take such actions as the Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Mural Routes. 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.
Videoconference Platform Digital Backgrounds
We provide digital artwork that are available on the Platform for users to download for free and to use as backgrounds for digital video applications (each, a “Digital Background”). Subject to this section and these Terms, Mural Routes grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable licence to use the Digital Background for your own personal and non-commercial use. You shall not use, reproduce, display, or otherwise exploit a Digital Background for any commercial purpose or for the benefit of any third party.
You acknowledge and agree that any and all trademarks, copyright, and other intellectual property rights in and to the Digital Backgrounds are, will be, and will remain the sole and exclusive property of Mural Routes, its affiliates, its licensors. You may not modify, edit, adapt, translate, or make any derivative works based on the Digital Backgrounds or delete or alter any copyright, trademark, or other proprietary rights notices on or from the Digital Backgrounds. Neither these Terms nor your use of the Digital Backgrounds conveys or will convey to you any right, title, or interest in or in relation to the Digital Backgrounds, and the intellectual property in and to the Digital Backgrounds are expressly reserved by their owner(s).
Conditions of Use and Submissions and Site Content Standards
As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms.
The Website permits users to submit photos of murals for consideration by our staff to be included on the Mural Map of Canada (the “Mural Submissions”). The Website may also contain Interactive Functions allowing user submissions or user-generated content (the “User Submissions”), such as on a user’s profile, on or through the Website. The Mural Submissions and the User Submissions are collectively referred to as the “Submissions”.
The following site content standards apply to any and all Submissions a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the website or to other users or persons and any and all Interactive Functions. Any and all Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any Submissions shall not:
a) in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found at https://muralroutes.ca/privacy/;
b) in any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website;
c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Mural Routes’ sole discretion;
d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
e) involve, provide, or contribute any false, inaccurate, or misleading information;
f) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with this section (Conditions of Use and Submissions and Site Content Standards);
g) impersonate or attempt to impersonate Mural Routes, its employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
h) transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
i) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Mural Routes or users of the Website or expose them to liability;
j) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
k) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
l) give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Submissions: Grant of Licence
None of the Submissions you submit to the Website will be subject to any confidentiality by Mural Routes. By submitting any Submissions to the Website, you grant us and our affiliates and service providers, and each of the parties’ respective licensees, successors, and assigns, the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or to incorporate such material into any form, medium, or technology throughout the world without compensation to you.
By submitting the Submissions, you declare and warrant that you own or have the necessary rights to submit the Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of the parties’ respective licensees, successors, and assigns, to the Submissions and comply with these Terms. You represent and warrant that all Submissions comply with applicable laws and regulations and this section (Conditions of Use and Submissions and Site Content Standards) set out in these Terms.
You understand and agree that you, not Mural Routes, are fully responsible for any Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions submitted by you or any other user of the Website. - General Provisions
Site Monitoring and Enforcement, Suspension, and Termination
Mural Routes has the right, without provision of notice to:
– remove or refuse to post on the Website any Submissions for any or no reason in our sole discretion;
– at all times, take such actions with respect to any Submissions deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms;
– take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website;
– terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party, to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted, and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on the Website, including our consulting services, is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up-to-date. Your use of the Website is at your own risk and neither Mural Routes nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Website.
The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Mural Routes, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Mural Routes. Neither Mural Routes nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using the Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such submissions in compliance with our Privacy Policy, found at https://muralroutes.ca/privacy/, as we deem necessary for use of the Website.
Third-Party Websites
For your convenience, the Website may provide links or pointers to third-party sites, such as Google Maps. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage or the Mural Map of Canada, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the section titled “Conditions of Use and Submissions and Site Content Standards” found in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Geographic Restrictions
The owner of the Website is based in Ontario in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Mural Routes, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
Governing Law and Choice of Forum
The Website and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Website and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Mural Routes Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Copyright Notice
If you believe that any material, content, Submissions, or Digital Backgrounds that reside or is accessible on or through the Website infringes a copyright, please send a notice of copyright infringement (the “Copyright Notice”) containing the following information to Mural Routes:
a) the claimant’s name and address and any other particulars that enable communication with the claimant;
b) identification of the work or other subject matter to which the claimed infringement relates;
c) a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
d) the URL to which the claimed infringement relates;
e) specification of the infringement that is claimed; and
f) specification of the date and time of the commission of the claimed infringement.
The Copyright Notice may not contain any of the following:
a) an offer to settle the claimed infringement, including by way of hyperlink to such an offer; or
b) a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information.
If the notice is non-compliant with the foregoing requirements, Mural Routes is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
If a proper bona fide infringement notice is received by Mural Routes, it is Mural Routes’ policy to: (i) remove or disable access to the infringing material; (ii) to notify the content provider, member, or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws by removing and/or terminating the offender’s access to or use of the Website or Submissions thereon.
Notice of claims of copyright infringement should be provided to Mural Routes via email to privacy@muralroutes.ca
or via mail to the following address:
Mural Routes
1859 Kingston Rd
Toronto, ON, M1N1T3
Canada
Reporting and Contact
The Website is operated by Mural Routes Inc.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Mural Routes at privacy@muralroutes.ca.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to privacy@muralroutes.ca.