Terms of Use

The Museum of Contemporary Art (“MOCA”, “we”, “us”, “our”) welcomes you to our website located at https://moca.ca/ (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP / USE LICENSE

The Website is owned and operated by MOCA. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to MOCA, its affiliates and/or third-party licensors. The Content is protected by Canadian copyright, trademark and other intellectual property laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of MOCA. MOCA grants you a limited licence to view and browse this Website and to print individual pages from this Website for your own personal, non-commercial use, provided that you agree to and accept without modification these Terms and Conditions. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of MOCA. To obtain written consent for such reproduction, please contact us at info@moca.ca or 416 530 2500. Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. MOCA reserves complete title and full intellectual property rights in any Content that you may copy or print from this Website.

TRADEMARKS

“Museum of Contemporary Art” is a trademark of MOCA. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

ONLINE ACCOUNT

To access some features of the Website (such as purchasing tickets or donating), you may have to register for an online account. When registering for an online account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your online account. You must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your online account.

All accounts may be cancelled or suspended at any time by MOCA without any notice or liability to you or any other person. MOCA is not under any obligation to verify the actual identity or authority of the user of any login name or password.

By registering an online account you give MOCA permission to send you periodic information on sales and promotions.

TERMS OF PURCHASE

  • Products and Availability: This Website may display products available for purchase; however, not all products are available at all times and products may be changed, substituted or discontinued at any time. MOCA attempts to provide an accurate description of the products that may be available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. While we use our best efforts to fulfill all orders, MOCA cannot guarantee the availability of any particular product displayed on this Website. MOCA reserves the right to discontinue the sale of any product listed on this Website at any time without notice.
  • Prices: Product, ticket and membership prices displayed on this Website are quoted in CDN dollars, and such prices do not include shipping and handling fees (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
  • Payment Options: MOCA accepts VISA, American Express and MasterCard credit cards. We do not accept cash or cheques for online purchases.
  • Delivery: MOCA will send you an e-mail confirmation of your order and will use commercially reasonable efforts to deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that MOCA will not be held responsible for any delays in shipping or delivery. For the purchase of tickets, we will send you an e-mail with your electronic ticket.
  • Refunds: If you are not satisfied with your purchases on our Website, you may obtain a full refund within 90 days of return after the purchase date.
  • Miscellaneous: While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. MOCA reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

LINKING

It is our goal to provide increased value to visitors to our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from us and that we has no control over the content of such websites. Consequently, we cannot be held liable and make no warranty or representations whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. To learn more about the third-party linked websites, consult the third parties’ respective terms of use and privacy policies.

USER CODE OF CONDUCT

As a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

  • upload, post, comment, e-mail or otherwise transmit any statements or material that:
    1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
    2. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
    4. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
    5. otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.
  • harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
  • for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
  • attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
  • interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
  • use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

TERMINATION

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

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOCA DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MOCA, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ONLINE ACCOUNT, ANY CONTENT, EVEN IF MOCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

INDEMNITY

You agree to indemnify and hold harmless MOCA, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website and online account connection thereto, or any alleged violation by you of these Terms of Use.

PRIVACY

Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise treat personal information.

CHANGES

MOCA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, MOCA reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Company to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

APPLICABLE LAWS AND SEVERABILITY

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use, by posting notices or links to such notices on the Website itself.

ENTIRE AGREEMENT

This Terms of Use, along with our Privacy Policy, any other legal notices or statements posted on the Website, constitutes the entire agreement between you and MOCA and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Company as set forth above.

CONTACT

If you have any questions or comments regarding these Terms of Use please contact us at info@moca.ca or 416 530 2500.

Last Updated October l, 2018