Terms of Use

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.

  1. 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.

  • Privacy

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.

  • Donation Payments

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.

  • Refund Policy

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Canadian Dollars

Unless otherwise stated, all amounts for Donations and pricing of GIFT Services is in Canadian Dollars.

  1. 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.

  1. 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.