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TERMS AND CONDITIONS

If you visit Toronto Film Scene at http://thetfs.ca or any of its subdomains (“Website”, “us” or “we”) you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visits to our Website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to any member of the Website (“Website Staff”), you are communicating with the Website electronically. You consent to receive communications from the Website or Website Staff electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that the Website provides to your electronically satisfy any legal requirements that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data complications, and software, is the property of Toronto Film Scene or its content suppliers and protected by international copyright laws.

TRADEMARKS

Toronto Film Scene trademarks and service marks may not be used in connection with any product or service that is not Toronto Film Scene, in any manner that is likely to cause confusion among customer, or in any manner that disparages or discredits Toronto Film Scene. All other trademarks not owned by Toronto Film Scene or its subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Toronto Film Scene or its subsidiaries.

LICENSE AND SITE ACCESS

Toronto Film Scene grants you limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written contest of Toronto Film Scene. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative user of this site or its contents; any derivative use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gather and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written permission of Toronto Film Scene. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Toronto Film Scene and our associated without express written consent. You may not use any meta tags or any other “hidden text” utilizing Toronto Film Scene’s name or trademarks with the express written consent of Toronto Film Scene. Any unauthorized use terminated the permission or license granted by Toronto Film Scene. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Toronto Film Scene (http://thetfs.ca) so long as the link does not portray Toronto Film Scene, its associates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.

YOUR MEMBERSHIP ACCOUNT

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may use our website only with the involvement of a parent or guardian. Toronto Film Scene and its associated reserve the right to refuse service, terminate accounts, remove or edit content, or cancel order in their sole discretion. By creating a membership account with the Website you consent to be placed on our email list and consent to receive emails from Toronto Film Scene and its partners.

REVIEWS, COMMENTS, EMAILS AND OTHER CONTENT

Visitors may post reviews, comments and other content, 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”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Toronto Film Scene 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 material, and unless we indicate otherwise, you grant Toronto Film Scene and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to us, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Toronto Film Scene and its associates 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 of the rights to the content that you post; that the content is accurate; the 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 Toronto Film Scene or its associated for all claims resulting from content you supply. Toronto Film Scene has the right (but not the obligation to) monitor and edit or remove any activity or content. Toronto Film Scene takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from or through Toronto Film Scene are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to your upon our delivery to the carrier.

LINKS

Toronto Film Scene has not reviewed all the websites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Toronto Film Scene of the linked website. Use of any such linked website is at the user’s own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Toronto Film Scene ON AN “AS IS” AND “AS AVAILABLE” BASIS. Toronto Film Scene MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Toronto Film Scene DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Toronto Film Scene DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Toronto Film Scene ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Toronto Film Scene WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Toronto Film Scene, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Toronto Film Scene or its associates.

DISPUTES

Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Toronto, Ontario, except that, to the extent you have in any manner violated or threatened to violate Toronto Film Scene’s intellectual property rights, Toronto Film Scene may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

WEBSITE POLICIES, MODIFICATION, AND SERVERABILITY

Please review the Website’s other policies posted on http://thetfs.ca. The policies also govern your visit to Toronto Film Scene. We reserve the right to make changes to the Website, policies, these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Toronto Film Scene may revise these Terms of Use for the Website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

QUESTIONS

Questions regarding our Terms of Use, Privacy Policy, or any other policy related material can be directed to subscribers@thetfs.ca.