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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
By using this Site, you are deemed to have agreed to these terms and conditions of use (“Terms of Use”), without limitation or qualification. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use this Site.
These Terms of Use apply to your use of all of the sites and services owned or operated by the National Screen Institute – Canada, L’Institut National Des Arts de L’Écran – Canada (“NSI”), and affiliated companies, including companies controlled by NSI (collectively “we,” “us,” or “our”), including NSI and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.
Use of the Sites is subject to compliance with these Terms of Use. You acknowledge and agree that we may terminate your access to the Sites should you fail to comply with these Terms of Use or any other terms, conditions, guidelines or rules published by us. Any such termination shall be at our discretion and may occur without notice.
Certain sections of the Sites require you to register. If registration is requested, you agree to provide NSI with accurate, complete registration information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. NSI does not permit any other person to use the registered sections under your name or access through a single name being made available to multiple users on a network.
You represent and warrant that information you provide about yourself is true, accurate and complete, and that you will maintain and update the registration information to ensure it is current. If you provide information that is untrue, inaccurate or incomplete, we may terminate your Member registration and/or user access rights.
All registrations shall be our property and we reserve the right to use and reuse all registration information, subject to our Privacy Policy. See our Privacy Policy for information on editing and updating your personal information or contact us at privacy@nsi-canada.ca.
Upon registering, you will receive a member ID and password, and you are responsible for keeping them confidential. You will be responsible for all activities that occur under your password or ID.
You agree that you will not:
(i) harass, threaten, abuse or defame any other person.
(ii) transmit or post links to any Content that is offensive, discriminating, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene or racially, sexually, ethnically or otherwise objectionable.
(iii) impersonate any person or entity, including any Sites officials, employees or host.
(iv) upload, post, email or otherwise transmit or post links to any Content that you do not have a right to transmit or that infringes any patent, trademark, copyright or any other proprietary rights of any party.
(v) upload, post, email, transmit or post links to any material that contains software viruses, worms, Trojan horses, or any other type of computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Sites.
You acknowledge and agree that all information, data, text, music, sound, photographs, pictures, graphics, artwork, video, film, chat, messages, files or other materials (“Content”), are your sole responsibility, whether privately transmitted or posted publicly.
By uploading Content to or submitting your materials for use on our Sites, you grant (or warranted that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, publicly perform, create compilations, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
For the purposes of any uploads on the Site, the following definitions apply:
“Artwork” means photographs, drawings, illustrations and any other creative renderings;
“Images” means photographs, pictures, posters or likenesses of artists and performers;
“Rights” means all right, title and interest (whether as sole creator or acquired under license) in and to the Video, Artwork and Images including, without limitation, copyright, and means the right to exhibit, license, distribute and exploit the Artwork, the Images and/or the Video supplied hereunder and the unlimited world distribution rights including, inter alia, interactive media, video cassette, cartridge or disc media, internet, streaming, webcasting, podcasting and any and all other media of communications now or hereafter known;
“Video” means the production, whether in video, disc or software file format, which may include audio and music.
By uploading your Video, Images and the Artwork, in whole or in part, you hereby grant to NSI, our affiliates, subsidiaries, parents, assignees, and licensees, the non-exclusive worldwide licence to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Artwork, the Images and the Video and any and all other materials and works you upload (as may be edited by us in our discretion), through the NSI site and software and the sites and software of our affiliates, subsidiaries, parents, assignees and licensees and in and through any other medium now known or hereafter devised, for editorial, commercial, marketing, promotional and other purposes. The foregoing grant of rights and licence includes, without limitation, the right to:
(a) stream, and/or provide for download, the Video;
(b) use the names, images and likenesses of and biographical material concerning, the artists and crew; and
(c) reproduce and exhibit the Artwork and/or Images,
and you hereby confirm that you have the consents from and have cleared for use the names of the subjects in the Artwork and/or Images. You hereby waive any and all moral rights you may have in the Videos, Images and Artwork, by legislative enactment or otherwise. NSI reserves the right to refrain from displaying, transmitting, communicating or otherwise exercising any of its rights granted above in relation to any Video, Images and/or Artwork uploaded to its site, in its sole discretion.
You hereby represent and warrant that:
(a) you have the authority as owner, authorized representative of the owner or licensee to grant the rights granted to NSI above;
(b) you have acquired, under licence or otherwise, the necessary rights in and to the Images and the Artwork to grant the rights to NSI above, and that the exercise of such rights by NSI shall not violate or infringe the copyright or any other rights, including, without limitation, the right of privacy and/or publicity of any person or entity;
(c) you have acquired, under licence or otherwise, the rights in and to the Video to permit you to grant the rights to NSI above, and that the exercise of such rights by NSI shall not violate or infringe the copyright or any other rights of any person or entity, including, without limitation, rights of privacy and publicity;
(d) all Artwork and Images have been cleared for all purposes, subject to any restrictions of which you shall advise NSI in writing;
(e) all Videos have been cleared for the purposes of the grant of rights to NSI and NSI will not be required to pay any residuals or royalties to any third parties as a result of the exercise of its rights granted above;
(f) you acknowledge that you (and not NSI) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, including, without limitation, rights of privacy and publicity, or any other harm or damage arising from your submission and NSI’s use, exhibition, transmission, display or communication of the Images, Artwork and the Videos; and
(g) you indemnify and hold harmless NSI, our affiliates, subsidiaries, parents, assigns and licensees, against any and all claims, liabilities, losses, damages, or expenses incurred by NSI, our affiliates, subsidiaries, parents, assigns and licensees by reason of your breach of your representations and warranties.
The elements and contents of our Sites, including, but not limited to, software, audio clips, video clips, music, logos, designs, text, graphics, images and photographs are protected by international copyright and trademark laws, and are our property or the property of our member licensors or other parties. In addition, the Sites are protected under copyright law as a collective work and/or compilation pursuant to international proprietary laws. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us —and from all other entities with an interest in the relevant intellectual property —may you publish, display or commercially exploit any material from the Sites. To seek our permission, please contact us. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
The Sites contain film, videos, music, artwork, photographs, illustrations, and materials that are proprietary to third parties. Please note that we do not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such third party content.
In the event that you have any right, claim or action against any other person arising from that person’s use of the Sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you hereby release NSI, our subsidiaries, affiliates, officers, directors, agents and employees, from any and all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such rights, claim or action.
These terms and conditions apply only to our Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
Third party content may appear on the Sites or may be accessible via links from our Sites. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Sites. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect our belief. If you believe the third party content to be defamatory, libelous, obscene, pornographic or profane, please advise us.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. In appropriate circumstances, we will terminate the registration of any user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the following information and send to us:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number and email address and all other information reasonably sufficient to permit us to contact you;
(v) 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
(vi) a declaration by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may, but we are not obligated to, monitor or review any areas on the Sites where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of such communications. However, we have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, and profanity or otherwise.
THE SERVICES, PRODUCTS AND MATERIALS ON OUR SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION OBTAINED ON OR ACCESSIBLE THROUGH OUR SITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.
Some of the information available on the Sites may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS OR GUARDIANS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
We collect, use, and disclose your personal information in accordance with our privacy policy, which can be found here (Privacy Policy). We encourage you to read the privacy policy because it explains how and why we collect, use and disclose your personal information. NSI may change or update our privacy policy from time to time in our discretion and without notice or liability to you or anyone other person by posting the amended Privacy Policy to our Sites. The Privacy Policy is hereby incorporated into this Terms of Use. By accepting the Terms of Use, and each time you use the Service, you consent to the collection, use and disclosure of your personal information by NSI in accordance with the Privacy Policy as it then reads.
You consent to receive communications from us concerning your use of the Sites (the “Communications”). Communications may be those that we are required to send to you by law or they may be Communications we wish to send you regarding information about our Sites or our Members. You consent to receive these Communications electronically.
If at any time you wish to discontinue receiving Communications (other than those required by law), please advise us at website@nsi-canada.ca.
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. We have the right to seek all remedies available at law and in equity for violations of these Terms of Use.
We control and operate our Sites from our offices in Canada. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be construed and governed in accordance with the laws of the Province of Manitoba. Venue for any action arising out of and permitted by these Terms of Use shall be Winnipeg, Manitoba, Canada and by using our Sites you attorn to the exclusive jurisdiction of the courts of the Province of Manitoba.