THE BIG FEASTIVAL CANADA Terms of Service
Last Updated: October 26, 2016
The Big Feastival Canada website is owned and operated by IMG-CANADA, LIMITED. These Terms of Service (“Terms”) apply to your access to and use of the websites provided by IMG-CANADA, LIMITED and our parents, subsidiaries and affiliates (collectively, “IMG,” “we”, “us”, or “our”) where these Terms are posted (collectively, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Service.
If you have any questions about these Terms, our Service or our events, please contact us at email@example.com.
You must be at least the age of majority in your province/territory of residence to access or use our Service. Use of our Service by an individual under the age of majority in his/her province/territory of residence (a “Minor”) without prior consent is strictly prohibited. IMG disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user, and we will have no liability resulting from any use of our Service by a Minor. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Service. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.
3. USER CONTENT
Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and IMG.
You grant IMG a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, communicated by telecommunication, publicly perform and display your User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) will be visible to the public. You further expressly and irrevocably waive any moral rights associated with any User Content you submit to IMG.
4. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and IMG;
- Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
- Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
- Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
- Bypass or ignore instructions contained in the robots.txt file, that controls automated access to portions of our Service; or
- Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store, share or link to any content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose IMG or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about IMG or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of IMG. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
7. COPYRIGHT AND TRADEMARKS
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “IMG Content”) are owned by or licensed to IMG and are protected under both Canadian and foreign laws. Except as explicitly stated in these Terms, IMG and our licensors reserve all rights in and to the Service and the IMG Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and IMG Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or IMG Content; (b) copy, reproduce, distribute, publicly perform or publicly display IMG Content, except as expressly permitted by us or our licensors; (c) modify the IMG Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or IMG Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or IMG Content other than for their intended purposes. Any use of the Service or IMG Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
If you believe that anything on the Service infringes any copyright that you own or control, please notify us at firstname.lastname@example.org and provide us with the following information:
- Your name and your address, telephone number or e-mail address so we can communicate with you;
- a description of the copyrighted work(s) that you claim have been infringed;
- a statement by you that describes your interest or right in the copyrighted work(s);
- a description of the allegedly infringing material;
- a description of where the infringing material is located on the Service; and
- the date and time of the commission of the claimed infringement.
We reserve the right to suspend or terminate user accounts on our Service where a user infringes on the intellectual property rights of others.
8. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you attend The Big Feastival, you enter an area where photography and audio and video recordings may occur. By entering The Big Feastival premises, you consent to such photography and audio and video recording and you release IMG for any liability connected therewith. You acknowledge that you have no expectation of privacy while on The Big Feastival premises.
You will indemnify, defend, and hold harmless IMG and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “IMG Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and IMG or the other IMG Parties.
This Service may contain links to external websites and content owned and operated by third parties and subject to different terms of service and privacy policies. We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties or conditions of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, IMG does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While IMG attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service. If you download content from our Service, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Service shall create any warranty of any kind. In no event will IMG be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Service.
11. LIMITATION OF LIABILITY
IMG and the other IMG Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if IMG or the other IMG Parties have been advised of the possibility of such damages.
The total liability of IMG and the other IMG Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of IMG or the other IMG Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release IMG and the other IMG Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
13. TRANSFER AND PROCESSING OF DATA
14. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with IMG and limits the manner in which you can seek relief from us.
These Terms or any dispute relating to or arising therefrom shall be governed by, and construed, and its performance enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any claim under these Terms must be referred for arbitration at ADR Chambers Canada (“ADR Chambers”) in accordance with their “Expedited Arbitration Rules”, conducted in accordance with the commercial arbitration rules of the ADR Institute of Canada, Inc. (“ADR Institute”), and otherwise subject to the Ontario Arbitration Act, 1991, SO 1991, c 17 (“OAA”), but excluding section 7(2) of the OAA. Both parties agree that ADR Chambers and its successors have exclusive jurisdiction to resolve all such claims. The arbitrator’s decision shall be final and binding on the Parties hereto, and no appeal may be brought in respect thereof.
You and IMG agree that any dispute arising out of or related to these Terms or our Service is personal to you and IMG and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any claim you may have arising out of or related to these Terms or our Service must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred, which means that you and IMG will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing us at email@example.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
15. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and IMG relating to your access to and use of our Service. The failure of IMG to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
19. OUR COMMUNICATION WITH YOU
Subject to providing your express consent evidenced by checking the box or otherwise opting in when you register or submit an inquiry through our Service, you consent to receiving promotional messages and newsletters from us. If you choose not to opt-in (e.g. by not checking the box or otherwise providing express consent), the remainder of these Terms will continue to apply to your use of the Service.