Terms of Service

Salish Sea Indigenous Archive (SalishHeritageArchive.com)
Last Updated: October 26, 2023

Welcome to the Salish Sea Indigenous Archive ("the Archive," "we," "our," or "us"). By accessing or using our website located at SalishHeritageArchive.com (the "Site") and its associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. These Terms constitute a legally binding agreement between you and the Salish Sea Indigenous Archive.

The Archive is a digital repository dedicated to preserving, protecting, and sharing the cultural heritage, historical records, languages, oral histories, and traditional knowledge of the Indigenous Nations of the Salish Sea region. Our mission is governed by principles of Indigenous data sovereignty, ethical stewardship, and community consent.

If you do not agree to all of these Terms, you must not access or use the Services.

1. Acceptance of Terms

By accessing, browsing, or using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

"Content" refers to all materials displayed on the Site, including but not limited to text, graphics, images, audio recordings, video recordings, photographs, data, databases, software, code, and design elements.

"Cultural Heritage Materials" refers to Content that embodies the cultural expressions, traditional knowledge, languages, histories, and spiritual practices of Salish Sea Indigenous communities. This includes materials that may be subject to community-specific protocols, restrictions, and laws.

"User" or "You" refers to any individual or entity accessing or using the Services.

"Contributor" refers to an individual, community, or organization that provides Content to the Archive.

"Registered User" refers to a User who has created an account with the Archive.

3. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the "Last Updated" date. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. You are responsible for reviewing the Terms periodically.

4. Access and Use of Services

4.1. License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for personal, educational, and non-commercial research purposes only.

4.2. Restrictions. You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any commercial purposes without the express prior written consent of the Archive and, where applicable, the relevant Indigenous community rights holders.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Use any data mining, robots, scraping, or similar data gathering or extraction methods on the Site.
• Upload or transmit viruses, Trojan horses, or any other malicious code.
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Misrepresent your affiliation with any person or entity or impersonate any person or entity.

4.3. Account Registration. Certain features may require account registration. You agree to provide accurate and complete information and to keep this information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. Intellectual Property and Cultural Rights

5.1. Archive Ownership. The Site, its original Content (excluding Cultural Heritage Materials provided by Contributors), features, functionality, and design are owned by the Salish Sea Indigenous Archive and its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2. Cultural Heritage Materials. The Archive does not claim ownership over Cultural Heritage Materials. Contributors retain all intellectual property rights, cultural rights, and any other legal interests they hold in the Content they provide. By submitting Content, Contributors grant the Archive a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify for technical purposes, communicate, and display the Content solely for the purpose of operating, promoting, and improving the Services in accordance with our mission and any specific use agreements or Traditional Knowledge Labels attached to the materials.

5.3. Indigenous Data Sovereignty. We recognize that Indigenous Peoples have the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and cultural expressions. Access to and use of specific Cultural Heritage Materials may be governed by community-based protocols, which are indicated through labels, notices, or metadata on the Site (e.g., "Community Use Only," "Requires Permission from Elders Council"). You are legally and ethically obligated to respect these protocols and restrictions.

5.4. User-Generated Content. If you submit any Content to the Archive, you represent and warrant that you have the necessary rights, licenses, consents, and permissions to do so, and that such submission does not violate any third-party rights or any community protocols. You are solely responsible for the Content you submit.

6. Acceptable Use and Ethical Guidelines

Use of the Services, especially Cultural Heritage Materials, must be ethical and respectful. You agree:

• Respect Protocols: To adhere to all access restrictions, cultural protocols, and notices attached to materials.
• Non-Commercialization: Not to use Cultural Heritage Materials for commercial gain, appropriation, or misappropriation.
• Accurate Attribution: To provide accurate and appropriate attribution to the source communities and Contributors as indicated on the Site.
• Harmful Use Prohibition: Not to use materials in a way that is derogatory, defamatory, or harmful to the originating communities or individuals.
• Research Ethics: If using materials for academic or research purposes, to follow established ethical guidelines for research involving Indigenous peoples and knowledge.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your information. By using the Services, you consent to the data practices described in our Privacy Policy, which is designed to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR).

7.1. GDPR Compliance (For Users in the European Economic Area). The Archive is committed to processing personal data in accordance with the GDPR. We act as a data controller for personal data collected through the Site.

• Lawful Basis: We process personal data based on your consent, the necessity to perform a contract with you (e.g., providing account services), compliance with legal obligations, or our legitimate interests (e.g., site security, improving our services).
• Your Rights: You have the right to access, rectify, erase, restrict processing of, and object to processing of your personal data. You also have the right to data portability and to withdraw consent at any time.
• Data Transfers: As we are based outside the EEA, we ensure appropriate safeguards are in place for any international transfers of your data.
• Data Retention: We retain personal data only for as long as necessary to fulfill the purposes for which it was collected.
• Contact: To exercise your GDPR rights, please contact us using the information in Section 15.

8. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ARCHIVE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT THE COMPLETENESS, RELIABILITY, OR CULTURAL ACCURACY OF ANY CONTENT, ESPECIALLY CULTURAL HERITAGE MATERIALS. USERS ACCESS AND USE SUCH MATERIALS AT THEIR OWN RISK AND WITH THE UNDERSTANDING THAT INTERPRETATION MAY REQUIRE CONSULTATION WITH COMMUNITY KNOWLEDGE HOLDERS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SALISH SEA INDIGENOUS ARCHIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED CANADIAN DOLLARS (CAD $100).

10. Indemnification

You agree to defend, indemnify, and hold harmless the Salish Sea Indigenous Archive and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, cultural right, or privacy right; or (d) any claim that your Content caused damage to a third party.

11. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the Province of British Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by the Archive. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Archive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

15. Contact Information