The ToU were last modified on April 20, 2018. Culture Days reserves the right, at any time and without prior notice, to modify, revise or update the ToU by updating this posting. Accessing, viewing, browsing or using the Website at any time after modifications, revisions or updates have been made, constitutes your acceptance of the ToU as modified. Any changes to the ToU can be found at this URL. We recommend that you consult the ToU each time you use the Website.
If you have any questions about the ToU, please contact:
225 Brunswick Avenue
or email legal[at]culturedays[dot]ca
Use of the Website
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website by anyone else.
You may not use the Website in order to link to, transmit, or otherwise distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, profane, pornographic, threatening, abusive or hateful. Users may use the Website only for lawful purposes and in compliance with the ToU and applicable laws.
Website Security Rules
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Culture Days will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Website User Submissions
You are responsible for your own actions and submissions, including obtaining rights to use or submit material subject to copyright and intellectual property laws, including but not limited to the use or publication of images posted on this Website.
Anything, including communication or material you send, submit or post to Culture Days through this Website (including via the Culture 365 Blog) or otherwise, whether solicited or unsolicited, including, without limitation, any ideas, stories, data, photographs, video, questions, artwork, comments, testimonials or suggestions (jointly and severally, “Submissions”), is and will be treated as non-confidential and non-proprietary and Culture Days will not be liable for any use or disclosure.
You hereby irrevocably license to Culture Days on a royalty-free, perpetual, 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, inventions, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights that may subsist in the Submissions, for any purpose, including to promote Culture Days across multiple media (in any format now known or hereafter devised). Additionally, any Submission may be used by Culture Days, its affiliates, and/or sponsors, in their own respective promotional materials, on the same basis. You hereby waive in favour of Culture Days any so-called moral rights.
You further agree that Culture Days will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you or any third party, 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 Culture Days is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Culture Days does not place Culture Days 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 Submission is altered or changed in a manner not agreeable to you. You represent and warrant that: (i) 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 and that no further consent, permission or release is required and no compensation is payable to you or any other person or entity in connection with Culture Days’ (its partners, affiliates or sponsors) use of the Submission as set forth herein; and you agree to execute any documents and take all steps that Culture Days determines are necessary to affect the intentions of these ToU, and (ii) all information you provided to the Website is true, accurate, current and complete.
You agree and understand that Culture Days is not obligated to use any Submission you make to it 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 Culture Days’ 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 the Website 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.
Culture Days reserves the right to edit any Submission for content and length, and the right to remove any Submission at its own discretion, and for any reason. In accordance with our Culture 365 Editorial Policy, we will endeavour to remove racist, pornographic, defamatory or illegal content as soon as possible after it comes to our attention. If you find such content, contact us by email, and we will then take appropriate action, in our sole discretion.
Registered Activities must be free for the public to attend, take place during the designated Culture Days dates, and involve an interactive or participatory component. There is no fee to register an arts or cultural activity with Culture Days. Notwithstanding the foregoing, Culture Days reserves the right to edit any details related to a registered activity including photos and remove reference to any registered activity from the Website, in its sole discretion, including, without limitation, if Culture Days deems that any such activity promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Culture Days in its sole discretion).
By registering an activity with Culture Days, you agree to:
- Provide and update your activity listing(s) as needed to maintain the accuracy and relevancy of the published information;
- Use the Culture Days logo in your marketing and promotional efforts when and where possible; and
- Contribute, when possible, post-event activity information, including the number of public participants that attended your activity, images and stories, of the experience, and your own feedback on the event and movement.
Receive email communications from Culture Days staff and its affiliates.
Certain portions, components, content and features of the Website are only available to individuals who register with Culture Days and create a user account on the Website.
Third Party External Links
Notwithstanding any other term of the ToU or any act or failure to act by Culture Days, its officers, directors, owners, partners, partnerships, principals, employees, volunteers, affiliates, related entities, agents, representatives, successors and assigns (the “Releasees”) you agree to indemnify, defend and hold harmless the Releasees from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims, actions or demands, arising out of (i) your use of or connection to the Website or the content therein, (ii) your participation in any activities arising from the Website (including any registered activities), (iii) your violation of, or failure to perform your obligations under the ToU or, (iv) your violation of any rights of a third party.
Copyright and Intellectual Property Rights
Unless otherwise indicated, the contents of this Website, including without limitation, all logos, texts, trade-marks, graphics, images, sound, performance, cinematic productions, videos, audio-visual works, computer code, and the collection, organization and layout arrangement and assembly of the contents (collectively, the “Content”) layout are proprietary to Culture Days, and are protected, without limitation, pursuant to Canadian, U.S., and foreign intellectual property laws, including copyright, trade-mark and other laws and regulations, and are either owned or under license, and may not be copied, imitated, reproduced, republished, uploaded, posted, broadcast, archived, modified, sold, displayed, distributed, transmitted or otherwise made available or used (in whole or in part) without the express written permission of Culture Days, except as provided in the next paragraph. Any unauthorized use of the Content or any derivative works thereof may violate civil or criminal laws, including, but not limited to, copyright and trademark laws, and Culture Days reserves its right to take action accordingly. This further applies to third party property used on the Website, including but not limited to third party computer code.
Content on this Website may be copied, reproduced, republished, downloaded, posted, broadcast or transmitted to help promote Culture Days with our written permission; you are requested to acknowledge Culture Days and, if possible, link back to our Website.
In the event you download software from the Website, the software including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are non-exclusively licensed to you by Culture Days. Culture Days does not transfer title in and to the Software to you. As between you and Culture Days, Culture Days retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website or the information therein, whether from Culture Days or user-submitted, is at your sole risk. Culture Days makes no representations or warranties with respect to the Website or Content, or any third party or user-submitted materials which are provided on an “as is” and “as available” basis,. You are solely responsible for any damage including to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website, or use of any function on the Website. Culture Days expressly disclaims all representations, warranties, and conditions of any kind, whether express or implied, or arising by statute, usage, custom or otherwise, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to this Website and any web site with which it is linked. Culture Days does not warrant the functions, information or links contained on this Website or that its Content will meet your requirements, that this Website, or its contents, are fit for any particular purpose or that the operation of this Website or its Content, will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. Culture Days does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Culture Days) assume the entire cost of all necessary servicing, repair or correction.
Limitation Of Liability
You expressly understand and agree that Culture Days, and its respective officers, directors, owners, officials, partners, partnerships, principals, employees, donors, affiliated and other related entities, agents, representatives, successors and assigns (the “Releasees”) shall not be liable, in any circumstances, for any direct, indirect, incidental, special, consequential, compensatory, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or damage to property, in contract, general civil liability or any other cause of action, relating to the use or inability to use the Website, the information on the Website, or the third party or user-submitted materials on the Website where applicable, even if Culture Days or a Culture Days authorized representative has been advised of the possibility of such damages. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Culture Days or the Releasees; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records. In no event shall Culture Days’ total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Website.
Furthermore, neither Culture Days nor the Releasees assume any legal liability or responsibility to you or any third party and are not responsible for any harm, loss or damage, which may occur to the public, organizers, or volunteers or any other person or group, as a result of, or in connection with, any of the information contained on the Website, any registered activity, or the activities that are being planned and promoted as part of Culture Days events.
In cases where you have authorized a minor to use the Website, you acknowledge and agree that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Website; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain material that is inappropriate for minors.
You agree that Culture Days, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate, modify or discontinue, temporarily or permanently, your access to or use of the Website (or any part thereof, or any third party plug-in or third-party program used on the Website), immediately and without notice, for any reason, including, without limitation, if Culture Days believes that you have acted inconsistently with the letter or spirit of the ToU.
Culture Days may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Further, you agree that the Culture Days shall not be liable to you or any third party for any damages resulting from termination of your access to the Website, or from Culture Days’ termination of the Website or any part thereof.
Governing Laws and Jurisdiction
Use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein. You agree that any legal action or proceeding between you and Culture Days shall be brought exclusively in the courts of the Province of Ontario and the federal courts of Canada situated therein.
If any provision of the ToU is found by a court of competent jurisdiction to be invalid, void, or unlawful or for any reason unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToU shall remain in full force and effect.
The section titles in the ToU are for convenience only and have no legal or contractual effect.
© Culture Days 2018