Terms of Use

Please read these terms of use carefully before using this website. By visiting this website and/or using its functionalities, you agree to be bound by the terms of this agreement.

These terms were last modified on May 13, 2019. Culture Days reserves the right, at any time and without prior notice, to modify, revise, or update these terms by updating this page. Accessing, viewing, browsing, or using this website at any time after modifications, revisions, or updates have been made to these terms constitutes your acceptance of the terms as modified.

These terms of use should be read in conjunction with the Privacy Policy, as both documents govern your use of this website. Additionally, there may be other policies posted on this website from time to time which may bind you in certain circumstances. If there is any conflict between these terms and specific policies, rules, or terms that appear elsewhere on this website, those other terms and policies take precedence.

Use of this website

You agree to use this website only for lawful purposes, and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of this website by anyone else.

General rules

You may not use this 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. You may use this website only for lawful purposes and in compliance with these terms and applicable laws.

Security

You are prohibited from violating or attempting to violate the security of this website, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized 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 authorization; or (c) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus to this website, spamming, scraping, 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.

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 you send, submit, or post to this website, whether solicited or unsolicited, including, without limitation, any ideas, stories, data, photographs, video, questions, artwork, comments, testimonials, or suggestions, 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 these 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. Additionally, any submission may be used by Culture Days and 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, 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: (a) 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 or its partners, affiliates, or sponsors use of the submission; and you agree to execute any documents and take all steps that Culture Days determines are necessary to affect the intentions of these terms, and (b) all information you provide on this 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 this 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 this 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. 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 please contact us by email at the address below and we will take appropriate action, in our sole discretion.

Event registration

Registered events must be free for the public to attend, take place during the designated Culture Days weekend, and involve an interactive or participatory component. There is no fee to register an arts or culture event with Culture Days. Notwithstanding the foregoing, Culture Days reserves the right to edit any details related to a registered event, including photos, and remove reference to any registered event from this website, in its sole discretion, including, without limitation, if Culture Days deems that any such event promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Culture Days in its sole discretion).

By registering an event with Culture Days, you agree to:

  • provide and update your event listing 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
  • contribute, when possible, information about your event after it is completed, including the number of people that attended your event, images and stories of the experience, and your own feedback on the event
  • receive email communications from Culture Days staff and its affiliates

Registered users

Certain portions, components, content, and features of this website are only available to individuals who register with Culture Days and create a user account on this website.

External links

From time to time this website may contain links to other websites, which may take you to sites not covered by these terms of use. We provide those links as a convenience to you and take no responsibility for the content or accuracy of materials on third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Culture Days does not make any claim or warranty whatsoever about the content of the websites to which we link, nor does such a link imply any approval or endorsement of those websites or their content, or any products or services offered thereon. In no way is Culture Days responsible for any damages, direct or indirect, pecuniary or non-pecuniary, for your use of websites we may link to or the information thereon, or any virus, malware, or other similar destructive file or software received as a result of your use of those websites, or caused by or in connection with, use of or reliance on any content, goods or services available on or through any linked-to website or resource, or the actions of the operators of any such website or resource.

Indemnity

Notwithstanding any other term of these terms of use 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 (a) your use of or connection to this website or the content therein, (b) your participation in any events arising from this website (including any registered events), (c) your violation of, or failure to perform, your obligations under these terms, or (d) 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, trademarks, graphics, images, sound, performance, cinematic productions, videos, audio-visual works, computer code, and the collection, organization, and layout arrangement and assembly of the contents, are proprietary to Culture Days, and are protected, without limitation, pursuant to Canadian, U.S., and foreign intellectual property laws, including copyright, trademark, 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 this 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 this 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 this website.

In the event that you download software from this website, this software, including any files, images incorporated in or generated by the software, and data accompanying 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 this 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 this website or its 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 this website, or use of any function of this 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 website 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, malware, or other harmful software. 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") will 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 this website, the information on this website, or the third party or user-submitted materials on this 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 this website, any registered event, or the events that are being planned and promoted as part of Culture Days.

Minors

In cases where you have authorized a minor to use this 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 this website; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of this website may contain material that is inappropriate for minors.

Termination

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 this website (or any part thereof, or any third party plug-in or third-party program used on this 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 these terms.

Culture Days may also, in its sole discretion and at any time, discontinue providing this website, or any part thereof, with or without notice. Further, you agree that the Culture Days will not be liable to you or any third party for any damages resulting from termination of your access to this website, or from Culture Days' termination of this website or any part thereof.

Governing laws and jurisdiction

Use of this website is 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.

Miscellaneous provisions

These terms of use, in conjunction with the privacy policy, constitute the entire agreement between you and Culture Days with respect to your use of this website, superseding any prior agreements between you and Culture Days. Exceptionally, from time to time there may be other policies posted on this website in addition to the terms of use and privacy policy which may bind you in certain circumstances.

If any provision of these terms 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 terms of use shall remain in full force and effect.

The section titles in these terms are for convenience only and have no legal or contractual effect.

The relationship between Culture Days and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other as a result of these terms of use or your use of this website.

If you have any questions about these terms of use, you may contact us at the following address:

Culture Days
225 Brunswick Avenue
Toronto, ON
M5S 2M6

Or by email: info@culturedays.ca

Culture Days is a registered charity and non-profit organization under the Canada Not-for-profit Corporations Act.