TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
The information and features included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of Content
This Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to CineCoup or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by CineCoup, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of CineCoup or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright, trademark and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate CineCoup’s rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Website by others, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of these Terms by others of which you become aware. You are advised that CineCoup will aggressively enforce its rights to the fullest extent of the law. CineCoup may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Restrictions on Use
You agree not to do any of the following while using the Website:
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT CINECOUP AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE MATERIAL, USER SUBMISSIONS OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS CDN ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
CineCoup makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or in any of the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by CineCoup. Views and opinions of users of this Website do not necessarily state or reflect those of CineCoup. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR CINECOUP’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CINECOUP’S DEFENSE OF ANY CLAIM. CINECOUP RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF CINECOUP.
Other than as expressly permitted by the CineCoup Film Accelerator Official Rules & Regulations, CineCoup does not accept unsolicited submissions for motion pictures, television programs, web sites or other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of CineCoup’s staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to CineCoup through this Website or otherwise.
Anything you submit to CineCoup through this Website or otherwise (whether solicited or unsolicited), including, without limitation, any ideas, data, questions, artwork, comments, suggestions, or personal information (jointly and severally, “Submissions”), is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. You hereby irrevocably license to CineCoup on a non-exclusive basis the right to make use of those Submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights that may subsist in the Submissions. Subject to the CineCoup Film Accelerator Official Rules & Regulations, you further agree that CineCoup will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, license, perform, reproduce, disclose, transmit, publish, broadcast, post, sell, translate, create derivative works of, or distribute any Submissions or portions of any Submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such information. You hereby acknowledge and agree that your relationship with CineCoup is not a confidential, fiduciary, or other special relationship, and that your decision to submit any Material to CineCoup does not place CineCoup in a position that is any different from the position held by members of the general public with regard to your Submissions. You hereby waive any moral rights you may have in and to any of your Submissions, even if such Material is altered or changed in a manner not agreeable to you. You represent that any Submissions are original with you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that CineCoup determines are necessary to affect the intentions of these Terms. You agree and understand that CineCoup is not obligated to use any Submission you make to CineCoup through the Website or otherwise and you have no right to compel such use. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a CineCoup’s actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Links to Other Websites.
The website may contain links to websites operated by third parties. CineCoup has no control over any such other websites or the contents therein and does not make any representations regarding the content or accuracy of materials on such third party websites. The existence of any such links are provided solely as a convenience to you and shall not constitute an endorsement by CineCoup of such websites, the contents of the third party websites, or the operators of such websites.
If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any CineCoup names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with CineCoup. You may not “frame” this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by CineCoup in its sole discretion. CineCoup reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that CineCoup deems to be inappropriate or inconsistent with or antithetical to this Website and/or these Terms.
CineCoup is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform CineCoup of any errors or inappropriate material found on Websites to which this Website is or may be linked.
This Website may contain sweepstakes, contests or other promotions or programs that require you to send Material or information about yourself, or that you have originally created. Please note that sweepstakes, contests, promotions or programs offered via the Website may be, and often are, governed by a separate set of rules and regulations that, in addition to describing such sweepstakes, contest, promotion or program, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of Material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules and regulations to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion or program, you agree to comply with abide by such rules and regulations and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
CineCoup operates this Website in Canada. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the Province of Ontario (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the Province of Ontario for any cause of action relating to or arising under these Terms or the Website and agree that any dispute between the parties shall be heard in Toronto, Ontario.
Violations and Additional Policies
CineCoup will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of CineCoup. CineCoup reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your access to the Website, or upon demand by CineCoup, you must destroy all Material obtained from this Website and all related documentation and all copies and installations thereof. You are advised that CineCoup will aggressively enforce its rights to the fullest extent of the law. CineCoup, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Website; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass CineCoup its representatives or any other individual in any manner related to the Website.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
If you have any questions, comments or concerns about our Website or these Terms, you may contact us at: email@example.com.
The effective date of these Terms is December 7, 2012.