Terms of Use

The following terms and conditions ("Terms of Use") govern the relationship between you and the Canadian Film Centre ("CFC” “we” “our” “us”) with respect to your use of the CFC’s website www.cfccreates.com (“Site”). By using the Site you are unconditionally agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use as well as CFC’s privacy policy.

If these Terms of Use and the privacy policy contained therein are not acceptable to you, you may not use the Site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Changed terms will become effective once posted on the Site and will remain in force until removed by the CFC. Your continued use of the Site will be deemed your conclusive acceptance of the updated Terms of Use.

Your use of the Site is at your own risk and the CFC assumes no liability or responsibility pertaining to the Site or any of its content. You agree that the CFC is not liable to you or any third person for damages of any kind arising from your use of the Site.

Trademarks and Copyright

The CFC, select program names, business names, domain names, graphics, logos, icons and designs on the Site constitute registered and unregistered trademarks of the CFC. Some trademarks on this site are owned by other parties who have granted the CFC a license to use their marks (trademarks owned by the CFC as well as those licensed to the CFC for use shall collectively hereafter be known as the "Marks"). Any unauthorized use, downloading, re-transmission, or other copying or modification of the Marks may be a violation of federal or other law.

This Site and all of its content, images and information, including but not limited to any UGC (defined below), Marks, short films, music, audio visual material, clips, excerpts, trailers, text, code, illustrations, graphics, designs, individual names, likenesses, bios, photographs, press releases and newsletters (collectively “CFC IP”) are owned or licensed by the CFC and are protected by copyright and other proprietary rights or may be subject to restrictions.

Unauthorized use, downloading, re-transmission, or other copying or modification of the UGC, Marks or CFC IP including reverse engineering, uploading, linking, distributing, exploiting or altering or creating any derivative works from or based upon any such content is specifically prohibited.

Anyone wishing to use any Marks or CFC IP must request and receive prior written permission from the CFC. You hereby covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY SITE CONTENT INCLUDING MARKS OR CFC IP IS STRICTLY PROHIBITED.

Online CFC Program Applications and User Generated Content

The CFC may offer from time to time programs, services or events for which online applications may be submitted via the Site. As part of the application process, applicants may be required to submit content containing information about and describing themselves and their project, including, but not limited to, information regarding the project idea, scope, story, music, lyrics, characters, code, project business model, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts and other material and information, and associated trademarks and copyrightable works (collectively "UGC").

You are solely responsible for your UGC. CFC will not have any ownership rights to any information, application, project information or UGC submitted by you to the Site. Your program application and accompanying UGC will be governed by CFC’s Privacy Policy and, unless otherwise disclosed by the CFC as contemplated below, will not be shared publicly by the CFC.

For events and programs offered by the CFC with a social media application, your UGC may be made available worldwide on the Site as well as shared across select social media platforms. With respect to such programs, you agree that by submitting an application and uploading accompanying UGC to the Site, you will license to the CFC a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, assignable, transferable right to: (i) display, exhibit, use and distribute, transmit and copy all or any portion of the UGC, as well as your names and personal and biographical material, in any and all media for the purposes of or in connection with the CFC and/or the CFC program worldwide; (ii) to take whatever other action is required to run the program; and (iii) to allow users of the Site to view, stream, transmit, playback, display, feature, distribute, collect, and otherwise use the UGC in connection with the program. The foregoing license grant to the CFC does not affect your ownership or rights in the UGC, including the right to grant additional licenses. You understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your UGC and you hereby represent and warrant that you are the sole licensor or author and owner thereof and that you have complied with all copyright, intellectual property laws, and other Canadian and international law, and will not submit or upload any UGC that violates intellectual property rights, infringes the privacy of others, or contains harmful or illegal material; (ii) your UGC will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant the CFC all of the license rights granted herein; (iii) none of your UGC contains any computer programming that may potentially damage or interfere with the Site or intercept or expropriate any system data or personal information from the Site; and (iv) you are solely responsible for, and neither the CFC, nor the program or any program partners or sponsors shall have any liability in connection with, the legal consequences of any actions or failures to act on your part with respect to your UGC, including without limitation any legal consequences relating to your or any other person's intellectual property rights or proprietary information.

Moreover, in your use of the Site you shall not: (i) take any action that imposes or may impose (as determined by the CFC in our sole discretion) an unreasonable or disproportionately large load on the CFC’s or CFC’s third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of any program or any activities conducted on the Site; (iii) bypass any measures the CFC may use to prevent or restrict access to any program (or other accounts, computer systems, or networks connected to any program); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. You are not allowed to transmit malicious code or to collect information of other users through the Site.

Further, you may not take any action to interrupt the functionality of or tamper with the content contained on the Site or its servers or to unreasonably affect others' enjoyment of the Site in any way. The CFC reserves the right to block access to the Site at our sole discretion for any reason. You may not use the Site for any illegal purpose, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material (to be determined at the CFC's sole discretion), to negatively present the CFC, any program or any program partners or sponsors or for any commercial purposes.

At any time you may request that your UGC be removed from the Site by emailing info@cfccreates.com. If you believe that your UGC has been copied in a way that constitutes copyright infringement or if you believe that your UGC has been removed or disabled by mistake or misidentification, please notify the CFC in writing at info@cfccreates.com. Your notice must contain the following information (please confirm these requirements with your legal counsel):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site, sufficient for Us to locate the material;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

You agree that your sole remedy, upon your written notice to the CFC, may be the modification or removal of the offending content as determined by the CFC.

We may delete any or all of your information or UGC for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party.

You agree to indemnify, defend, and hold the CFC, its successors, assigns, program partners and sponsors and each of the CFC’s and their respective officers, directors, agents, shareholders, employees and representatives harmless, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

  1. Your application and/or UGC, if applicable;
  2. Your use or misuse of, or connection to, the Site;
  3. Your breach or alleged breach of any representation or warranty;
  4. Your breach or alleged breach of these Terms of Use;
  5. Your violation of any rights (including intellectual property rights) of a third party; and
  6. Your use or misuse of any UGC including in violation of the Privacy Policy.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the CFC’s prior written consent.

Warranty

The CFC does not guarantee that there will be no interruptions, delays or inaccuracies in the Site functionality or availability of program information, CFC IP or UGC. The Site may be unavailable from time to time due to maintenance or malfunction or for various other reasons.

The Site and its content are provided “as is” and the CFC expressly disclaims all warranties, express, implied or statutory including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement with regard to any information, software, application, data, Marks, CFC IP, UGC, CFC programs, products or services or other items or information provided or made available on the Site. The CFC does not guarantee the continued availability or electronic storage of any portion of any application, information or UGC. The CFC makes no warranty, representation or covenant that the Site and any text, images, audio, audio video materials, clips and other content accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using this website or any materials from it.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

The CFC shall not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond the CFC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Links to Third Party Websites

The Site contains links to third party websites. The linked sites and pages are not under the control of the CFC and the CFC is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by the CFC.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire Agreement between you and the CFC relating to your use of the Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from the CFC. The CFC may assign, transfer, or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Governing Law

The CFC is a registered charity located in Toronto, Ontario, Canada. By using the Site you agree that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein and will be construed in all respects in accordance with the laws of the province of Ontario applicable to an agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the provincial courts of the Province of Ontario, Canada. The CFC’s technical service providers may perform activities related to the Site and the hosting of the Site in the United States and therefore subject to the applicable laws of that country.