Terms of Use

Last updated:  February 28, 2015

Welcome to the Eye on Canada website (the “Site”), presented by the Canada Media Fund (CMF), Telefilm Canada (Telefilm) and the Canadian Media Production Association (CMPA) (the “Presenters”).  Access to and use of the Site is subject to your agreement to be bound by these terms and conditions of use (“Terms of Use”).  These Terms of Use constitute an agreement between you and the Presenters.  If you do not agree to these Terms of Use, please do not use this Site.  

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and the Presenters agree as follows:

 

A. Registration / Content Submission

A registered account is required to submit content to the Site. As part of the registration process you will be required to provide some contact and personal information (the “Contact Information”), the use of which will be governed by the terms and conditions set out in the Site’s Privacy Statement and which is incorporated into these Terms of Use by this reference.  By registering for an account, you grant to the Presenters the right to: (i) use the Contact Information which you provide, for the purposes of administering your account; and (ii) contact you by e-mail, including to confirm your registration, and for other administrative purposes.  Please see the full additional terms and conditions related to content submission (the “Content Submission Terms”), which are incorporated into these Terms of Use by this reference.

 

B. Intellectual Property Rights 

The Site and its content are protected by the provisions of the Copyright Act and all other applicable intellectual property laws and are the property of one or more of the following: the Presenters, a producer, a contributor to the Site or their licensors. All rights are reserved. Any copying, reproduction, modification, publishing, transmission, distribution or other use of this content, without the prior written consent of the owner(s) of the content, is strictly prohibited. The Presenters grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Site content for your own personal and non-commercial use only, provided that you do not modify the content and that you maintain all copyright and other proprietary notices.

The logo and name of each of the Presenters is a trademark of the respective Presenter and may not be displayed or used in any manner without the Presenter’s prior consent. The names and trademarks of companies or products posted or referenced on this Site may be trademarks of their respective owners.

 

C. Third Party Links 

This Site may contain links to external, third party websites. These links are provided solely for your convenience. The inclusion of a link does not mean that the Presenters approve, endorse or recommend the content on the external website. The Presenters have no control over and have no responsibility for the content of these external websites, or the privacy practices of such websites.

 

D. Disclaimer

Any opinions expressed are those of their author, and do not necessarily reflect the views of the Presenters.

THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PRESENTERS MAKE NO REPRESENTATIONS ABOUT THE INFORMATION, MATERIALS OR CONTENT CONTAINED ON THE SITE. THE PRESENTERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRESENTERS DO NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. THE PREESENTERS MAKE NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

 

E. Indemnity

You shall defend, indemnify and hold harmless each of the Presenters and each of their respective officers, directors, employees, independent contractors and agents, from and against any and all losses, costs, expenses, damages, claims, actions or demands, including without limitation reasonable legal fees, resulting from or related to your breach of any of these Terms of Use; or your access to, use or submission of any content on the Site.

 

F. Liability Limitation 

UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL THE PRESENTERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.

 

G. Accessibility Standards for Customer Service

This Site is intended to meet the requirements of Accessibility Standards for Customer Service, Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005, and applies to the provision of goods and services to the public or other third parties, not to the goods themselves.

All goods and services provided by the Presenters shall follow the principles of dignity, independence, integration and equal opportunity. The Presenters are committed to excellence in serving, and providing access to all customers including people with disabilities.

View AODA December 2012 (PDF 69KB)

 

H. Termination

These Terms of Use remain in full force and effect while you visit the Site and/or have a registered account. You may terminate your use of the Site or account at any time, for any reason, by clicking on "delete your account" and ceasing all use of the Site. The Presenters may terminate your account and/or access to Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your account or access to the Site are terminated, these Terms of Use will remain in effect. 

 

I. Modification of these Terms of Use

The Presenters reserve the right to change these Terms of Use at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these Terms of Use. Continued use of the Site following any such changes shall constitute your acceptance of such changes.

 

J. General Terms and Conditions

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, the Terms of Use shall control. 

These Terms of Use shall be deemed to have been made in the province of Ontario, Canada and shall be interpreted in accordance with the laws of the province of Ontario, Canada, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the courts for the province of Ontario for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. 

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. 

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.