Website Terms of Use
IMPORTANT! YOUR ACCESS TO AND USE OF
THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE
WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
This Terms of Use is an
agreement between you (“You”) and GIFT (Girls In Film and
Television), its affiliates and related companies (collectively “GIFT”), for
You to use GIFT’s www.girlsinfilmtv.comwebsite (the “Website”) in
exchange for GIFT allowing You to access the Website and its features and being
able to donate to GIFT through the Website (“Donations”). We also provide to You
on the website information about GIFT’s courses and other (collectively the “GIFT
Services”). By using the Website and making Donations through it, You agree to
abide by the terms and conditions in this Terms of Use. If You do not accept
the Terms of Use, then do not use the Website. These Terms of Use, GIFT’s Privacy Policy [ntd: provide
link to this and everywhere else where the privacy policy is mentioned] and
the Website may change from time to time and it is your responsibility to check
for such updates.
- Nature of the Website
The purpose of the
website is to provide visitors with information about GIFT, the GIFT Services
and to provide an e-commerce platform to be able to make donations to GIFT. All
purchases of GIFT Services will be made through a third-party online platform of
which is further detailed in Article 6 of these Terms of Use.
Please review GIFT’s Privacy Policy, which
further governs your use of the Website.
GIFT has no obligation to
monitor the Website. However, You agree that GIFT has the right to monitor the
Website electronically from time to time and to disclose any information, in
accordance with GIFT’s Privacy
Policy, as necessary to satisfy any law, regulation, or other
governmental request, to operate this Website properly, or to protect itself or
its account holders. GIFT reserves the right to refuse to post or to remove any
content, information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this Terms of
Use.
- Licence to Use and Access this Website
Subject to your
compliance with these Terms of Use, GIFT grants You a limited, non-exclusive,
non-transferable, non-sublicensable licence to access and make personal and
non-commercial use of the Website. This licence does not include: any resale or
commercial use of the Website or its contents; any collection and use of any services
listings, descriptions, or prices, any derivative use of the Website, any GIFT
Services or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar
data-gathering and extraction tools. All rights not expressly granted to You in
these Terms of Use or any other service terms are reserved and retained by GIFT
or its licensors, suppliers, rights holders, or other content providers. No GIFT
Services or any part thereof or the Website may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without the express written consent of GIFT. You may not frame or use
framing techniques to enclose any Trademarks (as defined in Article 12 below),
logo, or other proprietary information (including but not limited images, text,
page layout, or form) of GIFT without express written consent. You may not use
any metatags or any other “hidden text” using GIFT’s name or
Trademarks without the express written consent of GIFT. You may not misuse the
Website or the GIFT Services. You may use the GIFT Services only as permitted
by law. The licences granted by GIFT terminate if You do not comply with these
Terms of Use or any other service terms.
- GIFT Services Descriptions
GIFT attempts to be as
accurate as possible. However, GIFT does not warrant that descriptions of the GIFT
Services or other content of any GIFT Services is accurate, complete, reliable,
current, or error-free. GIFT reserves the right,
in its sole discretion, to modify, update, change, adjust or otherwise make
amendments, at any time and without prior notice, to its descriptions of the GIFT Services,
warranties (if any) and prices, due to errors, service discontinuation, cost
adjustments, changing market conditions or other organizational factors.
- Availability of GIFT Services and Parental Consent
We
may change, suspend or end any of the GIFT Services, or change and modify
prices prospectively in our discretion. To the extent allowed under law, these changes
may be effective upon notice provided to you. All changes and cancellations to
GIFT Services for which You have purchased are subject to our refund policy
found in Article 9.
To
purchase the GIFT Services, you must be at least 18 years old at the time of
purchase. If you are under 18, then we require that you have your parent or
guardian sign a consent form for you to use/participate in the GIFT Services.
We will provide you with the consent form. If the consent form is not signed
and returned to us by the time we specify, then you will not be able to
participate in the program that you registered for and you may not receive a
refund.
- Purchase of GIFT Services on Third-Party Merchant
Websites
You
are able to make Donations to GIFT through the Website, but for the GIFT
Services, GIFT uses third-party merchant websites (the “Merchants”) to register
and receive payment from You, for example, Eventbrite to register and pay for
GIFT courses. The processing of payments will be subject to the terms,
conditions and privacy policies of the Merchants, in addition to the Terms of
Use. GIFT does not control and is not liable for the security or performance of
the Merchants. You agree to pay us, through the Merchants, all charges at the
prices then in effect for any purchase of GIFT Services in accordance with the
applicable payment terms. GIFT reserves the right to correct or to instruct our
Merchants to correct, any errors or mistakes, even if payment has already been
requested or received. In no event will GIFT be liable for claims or damages of
any nature, whether direct or indirect, arising from or related to use of the
Merchants.
You
are responsible for deciding if you want to access or use the Merchants to
purchase the GIFT Services. The Merchants have their own legal terms and
privacy policies, and you may be giving others permission to use your
information in ways we would not. Except to the limited extent it may be
required by applicable law, GIFT is not responsible for these Merchants’
websites and apps — use these at your own risk.
- Jurisdictional Restrictions
The
Website can be accessed from anywhere worldwide which has access to the
internet and not blocked by a third party. You understand that, due to
governmental restrictions in some areas, some or all of the GIFT Services may not be available for
purchase to persons or entities residing in certain jurisdictions or
geographical areas and those same persons may not be able to make Donations for
the same reason. GIFT reserves the right, in its sole discretion, to exclude or
otherwise limit the provision of any GIFT Services and/or
availability of Donations to a person or entity residing in any jurisdiction or
geographical area where such restrictions apply. GIFT does not represent or
warrant that any GIFT
Services will be available for purchase or Donations being able to be made by
You.
You
understand that You will have to provide credit card or other payment
information (the “Information”) to GIFT in order to be able to make Donations.
You represent that you have the authority to provide the Information and that
the Information is be accurate and complete. GIFT will use the Information to
charge You for any GIFT Services that You purchase.
Unless made in error or
by mistake of which You can prove, all Donations made are without refunds. If
you have a complaint or issue with any purchased GIFT Services, please email us
at info@girlsinfilmtv.com or phone 780-479-5960.
If
we change dates of the GIFT Services after You have already registered and
purchased it, e.g. a course date, then you have the option of cancelling your
registration and receiving a full refund for that course if you cannot attend
on the rescheduled date. If we cancel a particular GIFT Services course that
You have registered and purchased, then you will receive a full refund for that
cancelled course.
- Limitation of Liability
THE GIFT SERVICES, AND ALL INFORMATION, CONTENT,
MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE GIFT SERVICES ARE PROVIDED BY GIFT ON AN “AS IS” AND
“AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIFT
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE GIFT SERVICES, UNLESS OTHERWISE SPECIFIED IN
WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
AND UNLESS OTHERWISE EXPRESSLY STATED BY GIFT, GIFT DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
GIFT makes no representations whatsoever about any Merchants
or any other websites which You may access through this site. When You access a
non-GIFT website, You understand and acknowledge that it is independent from
GIFT and that GIFT has no control over the content on any such website. In
addition, a link to a non-GIFT website does not mean that GIFT endorses or
accepts any responsibility for the content, or the use, of such website. It is
your responsibility to take precautions to ensure that whatever You select for
your use by You is free of such items such as viruses, worms, trojans, and
other items of a destructive nature.
YOU
AGREE THAT THE MAXIMUM LIMIT OF GIFT’S LIABILITY TO YOU FOR USE OF THIS
WEBSITE, PURCHASED GIFT SERVICES OR DONATIONS MADE SHALL BE THE AMOUNT PAID BY
YOU FOR SAME. GIFT WILL OTHERWISE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF ANY GIFT SERVICES OR FROM ANY INFORMATION, CONTENT,
MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE WEBSITE AND ANY GIFT SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN
WRITING.
- Copyright
All materials published or otherwise accessible
through this site including, but not limited to, news articles, blog posts,
text, photographs, images, illustrations, audio clips, video clips, software,
and other materials (the “Content”) are protected by Canadian and
international copyright laws, and are owned or controlled by GIFT and any
others which may own copyright or the party credited as the provider of the
Content. You shall abide by all additional copyright notices, information, and
restrictions contained in the Content. You shall also abide by all additional
copyright notices, information, and restrictions contained in any content
accessed through this site.
- Trademarks
The
trademarks, logos, and service marks, including but not limited to,
“GIFT”, “Girls in Film & Television”, “girlsinfilmtv.com”
and other names, logos, and icons identifying the services and GIFT Services
(collectively the “Trademarks”) displayed on the Website, are
registered and unregistered Trademarks of GIFT and others. Unless as may be
expressly permitted by GIFT, nothing contained on the Website should be
construed as granting, by implication, estoppel, or otherwise, any licence or
right to use any Trademark displayed on the Website without the express written
permission of GIFT or such third party that may own the Trademarks displayed on
the Website. Your misuse of the Trademarks displayed on the Website or any
other content on the Website, except as provided in this Terms of Use, is
strictly prohibited. You are also informed that GIFT will aggressively enforce
its trademark and other intellectual property rights to the fullest extent of
the law, including possibly the seeking of criminal prosecution.
- Electronic Communications
When You use any GIFT
Services or send email to GIFT, You are communicating with GIFT electronically.
By purchasing GIFT Services, You hereby expressly consent to receive
communications from GIFT electronically. GIFT will communicate with You by
e-mail or by posting notices on the Website or through the other GIFT Services.
You agree that all agreements, notices, disclosures, and other communications
that GIFT provides to you electronically satisfy any legal requirement that
such communications be in writing. You may unsubscribe from such communications at any time by simply
clicking on the link provide in the email [ntd: make sure you comply with
Canada’s Anti-Spam Legislation for your email newsletters].
GIFT may, at its sole discretion from time to time,
allow You and other users of the Website to post reviews, comments, photos, and
other content; send communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of “spam” or unsolicited commercial electronic messages You may not use
a false email address, impersonate any person or entity, or otherwise mislead
as to the origin of such content. GIFT reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content.
If You do post content or submit content to GIFT,
and unless GIFT indicates otherwise, You grant GIFT a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
produce, reproduce, modify, adapt, publish, perform, translate, create derivative
works from, distribute, communicate to the public by telecommunications and
display such content throughout the world in any media. You grant GIFT and sublicensees
the right to use the name that You submit in connection with such content, if
they choose. You represent and warrant that You own or otherwise control all
the rights to the content that You post; that the content is accurate; that use
of the content You supply does not violate this policy and will not cause
injury to any person or entity; and that You will indemnify GIFT for all claims
resulting from content You supply. GIFT has the right but not the obligation to
monitor and edit or remove any activity or content. GIFT takes no
responsibility and assumes no liability for any content posted by You or any
third party.
- Recourse
If You are
dissatisfied with the Website or with any terms, conditions, rules, policies,
guidelines, or practices of GIFT in operating the Website, your sole and
exclusive remedy, unless as may be otherwise expressly stated, is to
discontinue using the Website.
- Indemnity
You agree to defend,
indemnify, and hold GIFT and its affiliates and related companies harmless from
any and all liabilities, costs, and expenses, including reasonable legal fees,
related to the violation of this Terms of Use by You or in connection with the
use of this Website, use of GIFT Services or the placement or transmission of
any information or other materials on this Website by You.
- Canadian Dollars
Unless otherwise stated,
all amounts for Donations and pricing of GIFT Services is in Canadian Dollars.
- Governing Law
This Terms of Use shall
be governed by and construed in accordance with the laws of the province of Alberta
and the applicable federal laws of Canada. In the event of a dispute, any
formal actions shall proceed in a court of competent jurisdiction in Edmonton,
Alberta.
- Miscellaneous
This Terms of Use,
including any and all documents it has referenced, constitutes the entire
agreement between GIFT and You pertaining to the subject matter of this Terms
of Use. GIFT’s failure to insist upon or enforce strict performance of any
provision of this Terms of Use will not be construed as a waiver of any
provisions or right. If any of the provisions contained in this Terms of Use be
determined to be void, invalid, or otherwise unenforceable by a court of
competent jurisdiction, such determination will not affect the remaining
provisions. GIFT reserves the right to modify, supplement or supersede this
Terms of Use at its sole option, at any time and without notice to You. This
Terms of Use will enure to the benefit of and be binding upon the parties and
their respective heirs, administrators, executors, successors and permitted
assigns.
