Terms and Conditions

Canadian Art Preservation Foundation (CAPF)
artpreservation.ca
Effective date: March 2026

1. About These Terms

These Terms and Conditions (“Terms”) govern your use of the Canadian Art Preservation Foundation website at artpreservation.ca (the “Site”) and your interactions with CAPF, including donations, collection browsing, and communications. By accessing the Site or engaging with CAPF, you agree to these Terms.

The Canadian Art Preservation Foundation is a federally incorporated, registered charitable organization (BN: [to be inserted]) headquartered in Vancouver, British Columbia. References to “CAPF,” “we,” “us,” or “our” refer to the Canadian Art Preservation Foundation.

2. Use of the Website

2.1 Permitted Use

The Site is provided to support CAPF’s charitable mission: the identification, preservation, and public accessibility of works by lesser-known Canadian artists. You may access the Site for personal, non-commercial, and educational purposes, including browsing the collection database, learning about CAPF’s programs, and making donations.

2.2 Prohibited Conduct

You agree not to:

Use the Site for any unlawful purpose or in violation of applicable federal or provincial law
Attempt to gain unauthorized access to any part of the Site or CAPF’s systems
Reproduce, distribute, or commercially exploit collection images, artist records, or Site content without written permission from CAPF
Introduce malware, spam, or any disruptive code
Misrepresent your identity or affiliation with CAPF
Use automated tools to scrape, harvest, or systematically copy collection data or artwork images

CAPF reserves the right to suspend or terminate access for any user who violates these Terms.

3. Collection Database and Artwork Images

3.1 Access and Purpose

CAPF’s online collection database makes works accessible to the public for research, education, and cultural engagement. Collection records and artwork images are provided for these non-commercial purposes only.

3.2 Copyright

All artwork images displayed on the Site remain the intellectual property of the respective artists or their estates. CAPF may hold reproduction rights for certain works in its collection; this varies by artist agreement.

Unless otherwise indicated:

Artwork images may not be reproduced, downloaded, or distributed without prior written consent from CAPF and, where applicable, the artist or estate
Scholarly and educational fair dealing uses under the Copyright Act (Canada) are not restricted by these Terms
Press inquiries regarding image reproduction should be directed to CAPF via the contact form

3.3 Attribution and Accuracy

CAPF makes reasonable efforts to ensure collection records are accurate and complete. Metadata is provided as-is and may be subject to ongoing research and revision. If you identify an error or have additional information about a work or artist in the collection, we welcome your contribution — please contact us.

4. Donations

4.1 General

CAPF is a registered Canadian charity. Monetary donations made through the Site are processed securely via third-party payment processors. Charitable tax receipts are issued in accordance with the Income Tax Act (Canada) for eligible donations.

Donations are non-refundable unless CAPF, at its sole discretion, determines that a refund is appropriate under the circumstances.

4.2 Artwork Donations (Gift Agreements)

Artists and collectors wishing to donate artwork or archival materials to CAPF must execute a Donor Gift Agreement. Acceptance of artwork donations is at CAPF’s sole discretion and subject to collection policy, storage capacity, and mandate alignment.

Donating a work to CAPF does not automatically constitute or trigger CCPERB (Canadian Cultural Property Export Review Board) certification. Donors seeking cultural property tax certification should review CAPF’s guidance documents and consult a qualified tax advisor.

4.3 Valuation

CAPF does not provide appraisals or fair market value determinations for donation purposes. Donors are responsible for obtaining independent professional appraisals as required by the CRA. For donations valued at $1,000 or more, a qualified appraisal is required to support the charitable tax receipt.

4.4 Donor Privacy

Donor information is handled in accordance with CAPF’s Privacy Policy. CAPF does not sell, rent, or share donor information for commercial purposes.

5. Accuracy of Information

CAPF makes reasonable efforts to ensure the information on this Site is accurate, current, and complete. However:

Content is provided for general information purposes only and does not constitute legal, tax, financial, or professional advice
Collection records are subject to ongoing research; historical attributions and valuations may be revised
Artist biographical information is based on available documentation and may be incomplete

Users relying on Site content for professional, legal, or financial decisions should verify information independently and consult qualified advisors.

6. External Links

The Site may contain links to external websites (galleries, government resources, auction houses, media). These links are provided for convenience and do not constitute endorsement. CAPF is not responsible for the content, accuracy, or privacy practices of external sites.

7. Intellectual Property

7.1 CAPF Content

All original written content, design elements, logos, and organizational materials on the Site are owned by CAPF or used with permission. Reproduction for non-commercial, educational, or journalistic purposes with attribution is generally permitted. Commercial reproduction requires written consent.

7.2 User Submissions

If you submit content to CAPF (inquiries, comments, research contributions, or artist documentation), you grant CAPF a non-exclusive, royalty-free licence to use that content for the purposes of its charitable mandate, including archival, research, and public accessibility purposes. You represent that you have the right to submit any content you provide.

8. Disclaimers and Limitation of Liability

The Site and its content are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose or uninterrupted availability.

To the maximum extent permitted by applicable law, CAPF, its directors, officers, staff, and volunteers shall not be liable for:

Errors, omissions, or inaccuracies in collection records or Site content
Loss or damage arising from reliance on information provided on the Site
Technical failures, interruptions, or unauthorized access to the Site
Any indirect, incidental, or consequential damages arising from your use of the Site

Nothing in these Terms limits CAPF’s liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

9. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts of British Columbia.

10. Changes to These Terms

CAPF may update these Terms from time to time. The effective date at the top of this page reflects the most recent revision. Continued use of the Site following any changes constitutes acceptance of the updated Terms. For material changes, we will post a notice on the Site.

11. Contact

Questions about these Terms or the Site:

Canadian Art Preservation Foundation
Vancouver, British Columbia
Website: artpreservation.ca
Contact form: artpreservation.ca/contact-us/

These Terms were prepared for informational purposes. CAPF recommends periodic review with qualified legal counsel, particularly as the organization’s programs and digital infrastructure evolve.