+1 604 555 2217
Terms of Service - HBC Records Archive

Terms of Service

Effective Date: October 26, 2023

Website: HBCRecordsArchive.com

Entity: Hudson’s Bay Fur Trade Records Archive

Welcome to HBCRecordsArchive.com (the "Site"), a digital repository dedicated to the preservation and presentation of historical records related to the Hudson’s Bay Company fur trade. By accessing or using the Site, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you are prohibited from using the Site.

1. Acceptance of Terms

1.1. These Terms constitute a legally binding agreement between you, the user ("you," "your," or "User"), and the operators of the Hudson’s Bay Fur Trade Records Archive ("we," "us," "our," or the "Archive").

1.2. We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after such posting constitutes your acceptance of the revised Terms.

2. Description of Service

2.1. The Site provides access to digitized historical documents, images, metadata, transcriptions, commentaries, and related educational content (collectively, the "Materials").

2.2. The Site is intended for personal, educational, and non-commercial research use. All Materials are provided for informational purposes only.

2.3. We reserve the right to modify, suspend, or discontinue any aspect of the Site at any time without prior notice.

3. User Accounts and Responsibilities

3.1. Certain features may require registration. You agree to provide accurate and complete information and to keep this information updated.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3. You agree to notify us immediately of any unauthorized use of your account.

3.4. You must be at least 16 years of age to register for an account. If you are under 16, you may only use the Site with the involvement of a parent or guardian.

4. Acceptable Use

You agree not to use the Site to:

4.1. Violate any applicable local, national, or international law or regulation.

4.2. Infringe upon the intellectual property rights, privacy rights, or other rights of the Archive or any third party.

4.3. Upload or transmit any material that is defamatory, obscene, abusive, harassing, threatening, or otherwise objectionable.

4.4. Use any automated system, including "robots," "spiders," or "offline readers," to access the Site in a manner that sends more request messages than a human can reasonably produce in the same period.

4.5. Interfere with or disrupt the integrity or performance of the Site or the data contained therein.

4.6. Attempt to gain unauthorized access to the Site, its related systems, or the accounts of other users.

4.7. Use the Materials for any commercial purpose without our express prior written consent, including but not limited to the sale, licensing, rental, or publication of the Materials.

5. Intellectual Property Rights

5.1. Archive Materials: The selection, arrangement, compilation, and presentation of all Materials, the Site's design, logos, text, graphics, and software are the property of the Archive or its content suppliers and are protected by international copyright, trademark, and other intellectual property laws.

5.2. Underlying Historical Documents: The underlying historical documents and images are subject to their own copyright status. Many are in the public domain due to their age, but some may be subject to copyright held by other institutions or individuals. The Archive endeavors to provide accurate copyright information where known.

5.3. Limited License for Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Materials for personal, non-commercial, educational, and research purposes. This license does not include the right to:

  • Resell, sublicense, or commercially exploit the Materials.
  • Systematically download or scrape large portions of the Site's content.
  • Create derivative works for public distribution without prior written permission, except as permitted by fair use/fair dealing doctrines.
  • Remove any copyright, trademark, or other proprietary notations.

5.4. User Contributions: By submitting transcriptions, comments, translations, or other content ("User Contributions") to the Site, you grant the Archive a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and display such User Contributions in connection with the Site and its mission. You represent that you own or have the necessary rights to grant this license.

6. Disclaimer of Warranties

6.1. THE SITE AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

6.2. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.3. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.4. THE MATERIALS ARE HISTORICAL IN NATURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TRANSCRIPTIONS, TRANSLATIONS, METADATA, OR COMMENTARY. USERS CONDUCT RESEARCH AT THEIR OWN RISK.

7. Limitation of Liability

7.1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARCHIVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS.

7.2. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Archive and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

9. Third-Party Links and Content

The Site may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or services on or available from those websites. You access third-party links at your own risk.

10. Termination

We may suspend or terminate your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will cease immediately.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Canada and the Province of Manitoba, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Winnipeg, Manitoba for any legal actions arising from these Terms or your use of the Site.

12. General Provisions

12.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.2. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.3. Entire Agreement: These Terms constitute the entire agreement between you and the Archive regarding the Site and supersede any prior agreements.

13. Contact Information

For questions about these Terms of Service, please contact us at:

Hudson’s Bay Fur Trade Records Archive
Email: legal@hbcrecordsarchive.com
Please use the subject line: "Terms of Service Inquiry"

14. Privacy and Data Protection (GDPR Notice)

14.1. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

14.2. Data Controller: The Hudson’s Bay Fur Trade Records Archive is the data controller for personal data processed through the Site.

14.3. Lawful Basis for Processing: We process your personal data on the basis of your consent (e.g., when you create an account), to fulfill a contract with you (e.g., to provide the services you request), and for our legitimate interests (e.g., site security, analytics, and improvement of our services).

14.4. Your Rights (Under GDPR and Similar Laws): Depending on your location, you may have the following rights regarding your personal data:

  • Right of Access: To request copies of your personal data.
  • Right to Rectification: To request correction of inaccurate or incomplete data.
  • Right to Erasure ("Right to be Forgotten"): To request deletion of your personal data under certain circumstances.
  • Right to Restrict Processing: To request that we restrict the processing of your personal data.
  • Right to Data Portability: To request transfer of your data to another organization.
  • Right to Object: To object to our processing of your personal data.
  • Rights related to automated decision-making: To not be subject to decisions based solely on automated processing.

14.5. To exercise these rights, please contact us at privacy@hbcrecordsarchive.com. We may require you to verify your identity before responding to such requests.

14.6. Data Transfers: Our servers are located in Canada. If you are located in the European Economic Area (EEA), the United Kingdom, or another region with laws governing data transfer, please note that Canada is recognized by the European Commission as providing an adequate level of data protection.

14.7. Data Retention: We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

14.8. Complaints: You have the right to lodge a complaint with a supervisory authority in your country of residence.

15. Historical Sensitivity Disclaimer

15.1. The Materials presented on this Site are historical records from the 17th to 20th centuries. They may contain content that is outdated, biased, offensive, or harmful by modern standards.

15.2. This includes, but is not limited to, language and attitudes regarding Indigenous peoples, gender, race, ethnicity, and religion that are now considered discriminatory.

15.3. The presence of this material does not constitute an endorsement of these historical views by the Archive. We present these records as historical evidence to facilitate understanding and critical study of the past.

15.4. Users are advised to engage with this material critically and with an awareness of its historical context.

Thank you for visiting the Hudson’s Bay Fur Trade Records Archive.