Introduction to the Service
The ROM offers wireless internet access as a free service to our guests for the duration of their visit to the museum. By clicking “I agree” or by accessing or using the Service, you accept the terms and conditions set out below (the Service Terms) and agree that these Service Terms form a legally-binding agreement between you and the ROM. You will be required to accept our Service Terms at the beginning of your session each time you access the Service.
As you read through these Service Terms, please note that:
- “Device” means any type of communications or computer device that you use to connect to and use the ROM Wi-Fi Service, including any mobile phones, personal computers, tablets or any other device
- “you” and “your” refers to the person owning or using a Device
- “Service”, “our Wi-Fi Service” and “ROM Wi-Fi Service” refers to the internet access service that the ROM provides through its wireless network access points at various locations
- “We”, “us”, “our” and “ROM” refers to The Royal Ontario Museum
These Service Terms [together with the ROM’s privacy policy] form the entire agreement between you and the ROM concerning our Wi-Fi Service. These Service Terms describe our Wi-Fi Service and cover your [privacy rights], your use of the Service and limitations on the ROM’s liability.
The Service is provided on an "as is" and "as available" basis without any warranties or guarantees of any kind. We do not charge any fees for your use the Service, however you may need to pay other fees associated with your use of the Service to your mobile carrier, such as data usage or other similar fees.
Your Privacy
The Royal Ontario Museum (the “ROM”, “we” or “us”) is committed to safeguarding the personal information entrusted to us by our visitors, donors, sponsors, members and volunteers (collectively, “Supporters”). As such, we comply with the requirements of the Freedom of Information and Protection of Privacy Act (Ontario) and the Personal Information Protection and Electronic Documents Act (Canada) and we uphold the principles of the Donor Bill of Rights developed by the Association of Fundraising Professionals. Additional information around the ROM’s Privacy Policy is available on our website.
Unauthorized Use of the Service
You are permitted to use the ROM Wi-Fi Service only for your own individual use, with compatible devices and in compliance with all applicable laws, regulations and policies. These Service Terms prohibit any use of the Service that constitutes a criminal offence, gives rise to civil liability or violates the rights of others.
Criminal activities
While using the Service, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where, in the ROM’s sole judgment, such activity constitutes a criminal offence or assists others to engage in any criminal offence including, but not limited to, those offences listed below:
- communicating hatred
- child pornography
- harassment/stalking
- uttering threats
- fraud
Civil Offences and Violations of the Rights of Others
While using the Service, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where, in the ROM’s sole judgment, such activity (i) gives rise to civil liability, or (ii) violate the rights of any third party, or (iii) assists others to violate the rights of any third party, including, but not limited to, the violations listed below:
- copyright, trade-mark or patent infringement
- misappropriation of trade secrets
- defamation
- sending unsolicited commercial electronic messages or “spam”
- using the Service for activities that invade any third party’s privacy
Other Unacceptable Activities
While using the Service, you are prohibited from engaging in, or assisting others to engage in, any activity that, in the ROM’s sole judgment, (i) violates applicable policies, rules or guidelines of any internet service providers, or (ii) disrupts or threatens the integrity, operation or security of the Service, any computer system or any internet system, or (iii) elicits complaints from other users of the Service, or (iv) is contrary to any applicable law, regulation or policy, or (v) is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:
- scanning or probing the computer system or device of any third party
- obstructing or bypassing computer identification or security procedures
- engaging in denial of service attacks
- posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
- exporting software or data outside of Canada in contravention of applicable export control legislation
- falsifying address information or modifying message headers to conceal your identity or impersonate others
You also agree not to:
- engage in any activity that could compromise the security of the Service or any internet access provider
- use the Service in any way that may adversely affect the Service
- receive any compensation or other benefit for allowing any third party to use the Service
- access or use the Service using a stolen Device
- use the Service in any way that requires excessive network capacity
- use the Service in any way that may adversely affect other ROM visitors
- copy or change the identification functions of the Service or your Device
Risks of using the Service
You expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your Device. You are responsible to ensure that the configuration of your Device is secure.
Accordingly, you agree that the ROM is not liable for any interception of transmissions, loss of data, the introduction of any computer viruses, any file corruption or any other loss or damage to any Device.
No Warranties
The Service is provided on an "as is" and "as available" basis without any warranties or guarantees of any kind. You use the Service entirely at your own risk.
The ROM does not guarantee the availability or security of the Service, that the Service will be uninterrupted, or that you will always receive your messages or data. There are no representations, warranties or conditions, expressed or implied, statutory or otherwise, with respect to the Service.
We do not monitor any content or services that you access using the Service and we have no control over, or responsibility for, the websites or other services you access. We do not guarantee that any websites or other services that you access are error or virus free, inoffensive, or compliant with applicable laws.
The ROM will not be liable to you or to any other person for any demands, claims, proceedings, awards, actions, damages, losses, costs, charges or expenses incurred by you (including loss of profits, loss of earnings, loss of business opportunities, loss of data, economic loss or other similar loss, punitive damages or consequential) that result from or relate to your use of the Service or the failure of the Service, whether caused by the ROM’s negligence or otherwise, and whether claimed in contract, tort or otherwise.
If you have any claim against the ROM relating to your use of the Service or the failure of the Service (including the ROM’s breach of these Service Terms or the ROM’s negligence), your exclusive remedy will be to stop accessing and using the Service.
ROM’s Rights and Remedies
ROM’s Right to Restrict Use of the Service
The ROM does not guarantee the performance or availability of the Service. We reserve the right to prohibit, limit or restrict your use of the Service or the speeds at which you receive the Service for any reason or no reason.
Without limiting any other available right or remedy, we reserve the right to, and you agree that we have the right to:
- take any actions that we determine, in our sole discretion, are appropriate to protect against violations of these Service Terms or any abuse of the Service
- take any actions that we determine, in our sole discretion, are appropriate to protect our interests
- involve and cooperate with appropriate authorities regarding any actual or suspected illegal activities involving or unauthorized use of the Service
Your Indemnification of the ROM
You will indemnify and hold harmless the ROM from all demands, claims, proceedings, awards, actions, damages, losses, costs, charges and expenses (including legal fees) incurred by or made against the ROM that result from or relate to your use of the Service and your violation of these Service Terms. You shall give the ROM prompt notice of any such demand, claim or proceeding of which you become aware.
ROM’s Reservation of Rights
Nothing in these Service Terms shall be interpreted to limit the ROM’s rights or remedies in any way. The ROM reserves all rights and remedies available to it at law or in equity. The ROM does not assume liability to you or to any third party for failure to enforce the terms of these Service Terms.
ROM’s ability to Make Modifications
The ROM may change the Service and the terms of these Service Terms at any time and without prior notice to you. You are responsible for reviewing these Service Terms each time you access the Service.
Governing Law and Disputes
These Service Terms are governed by the laws of the Province of Ontario. Any dispute arising out of or in connection with these Service Terms or the Service shall be referred to and finally resolved by arbitration under ADR Institute of Canada, Inc. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the City of Toronto. The language to be used in the arbitral proceedings shall be English.