Terms & Conditions

Last Updated: January 29, 2017.

1. Terms

Canadian Film in the Schools, operating as REEL CANADA (“REEL CANADA”), maintains this website (https://canadianfilmday.ca/) (the “Website”) as a service to its users and viewers. All content appearing on this Website, unless otherwise noted, is the property of REEL CANADA. By accessing this Website, you are entering into an agreement between you and REEL CANADA and are agreeing to be bound by these legally binding Terms and Conditions of Use (“Terms of Use”), as well as all applicable laws and regulations.

Carefully read all of the following terms and conditions before proceeding. If you do not agree with any of these terms, you should not use this site. Accessing and using this website indicates your acceptance of the terms and conditions, and indicates your consent to the exchange of information and documents between you and REEL CANADA electronically over the Internet or by email. Using this website also represents that you are of legal age to form a binding contract and not a person barred by any laws from using this website.

We may modify these Terms of Use at any time and from time to time without notice.  If we do, we will update the date of last modification appearing at the top of these Terms of Use.  You should therefore regularly verify these Terms of Use to determine whether any modifications have been made since your last visit to the Website. By accessing this Website or using any feature or service of this Website, you agree to be bound by the then most current version of these Terms of Use.

2. Use of the Website

Use of this Website is restricted to individuals located in Canada.

REEL CANADA authorizes you to view, download and print a single copy of text materials and content provided on this Website for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution). You may not capture or make any copy of any video, audio or other multimedia content except where expressly permitted by REEL CANADA in regard to specified content. You may not capture, broadcast and/or distribute any content streamed from this Website including by framing any such content on any third party website or service.  You may not harvest or scrape any content from this Website.

REEL CANADA reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized and prohibited activity and REEL CANADA reserves the right to suspend or terminate your access to any part of this Website, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website.

3. Your Personal Information

You acknowledge and confirm that REEL CANADA may collect, retain, use and disclose certain information about you in regard to your access to and use of this Website and its content, as well as your use of certain Website features and associated services.  By using this Website you expressly consent to the collection, use, disclosure, retention and destruction of your personal information described in REEL CANADA’s online privacy policy which can be accessed here.

4. Ownership and Copyright

All content on this Website, including, but not limited to images, illustrations, articles, reviews, sound recordings, audiovisual recordings, compilations, summaries, charts, and other works as well as any trademarks, logos and trade names (collectively, the “Content”), are exclusively owned by REEL CANADA or its licensors, as the case may be. Nothing in these Terms of Use or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any Content except in regard to your personal use of the Website.

The Content (or any portion thereof) may not be copied, reproduced, republished, uploaded, posted, broadcast, translated, adapted, transmitted or distributed in any way. Modification of the Content or use of the Content for any other purpose is a breach of these Terms of Use and may also constitute a violation of copyright and other proprietary rights.

The names of other organizations, and/or third party content, products and/or services displayed or otherwise referred to on this Website are exclusively owned by their respective owners and no rights in terms of the foregoing are provided to you except where expressly stated on the Website.

5. Accounts

Access to certain features of the Website through the Website requires the creation of a user account (each, a “User Account”).

You represent and warrant that all information you provide in terms of the creation of your User Account (“Registration Data”) will be accurate, current, and complete and you shall promptly update such information to the extent it becomes outdated or is otherwise no longer accurate or complete. Previous information will be retained when updates are made.

At all times, you are responsible for using your User Account in a legal manner that is in compliance with the letter and spirit of these Terms of Use. You are solely responsible for the activity that occurs in regard to your User Account. It is your responsibility to choose a secure password for your User Account and not disclose it or provide access to it, and you are solely responsible and liable for loss or damage resulting from your failure to comply with the foregoing obligation. You may change your password at any time by updating your User Account profile. You are prohibited from using another user’s User Account. If you recognize any unauthorized use of your password or User Account or any other breach of security, you must immediately notify REEL CANADA in writing.

All usernames and passwords remain the sole property of REEL CANADA, and your User Account may be cancelled or suspended at any time by REEL CANADA without any prior notice or any liability to you or any other person. Without any limitation to the generality of the foregoing, if REEL CANADA, in its sole discretion, considers a password to be insecure or otherwise compromised, REEL CANADA may cancel the password and/or your User Account.

You must respond promptly to all e-mail and other correspondence from REEL CANADA which requests or requires a reply from you, including, without limitation, e-mail and correspondence concerning complaints or concerns regarding your use of the Website and the use of your User Account.

You hereby agree that by creating a User Account, you consent that REEL CANADA, its service providers, and/or agents may contact you in regard to the Website generally as well as in regard to offers from third parties that REEL CANADA believes may be of interest to you, and REEL CANADA may do so by telephonic, electronic, or other forms of communication, including but not limited to e-mail, voice call, text message (including, for non-marketing communications, calls and text messages made using an automatic telephone dialing system or a pre-recorded or artificial voice), fax, message through social media networks, or other means regardless of the format of the original inquiry. You also consent that REEL CANADA, its service providers, and/or agents may contact you for marketing purposes using an automatic telephone dialing system or a pre-recorded or artificial voice.

6. Description of Services

REEL CANADA is offering to persons who have User Accounts registration for prospective event hosts, event listings, resources for film availability (online, broadcast, in-store), details about Canadian films promoted by REEL CANADA, film details such as stills, trailers and metadata, event reference materials, registration details, information on the event and its sponsors and/or organizations, media information and an informational newsletter to users, (the “Services”).

The provision of the Services is subject to these Terms of Use, the Services subscription or other terms you accepted when procuring and/or subscribing for the Services.

7. Non-transferable

User’s right to use this Website is not transferable. Any password or right given to User to obtain access is not transferable and may not be shared.

8. Linked Websites

The Website contains hyperlinks to third party websites which are subject to their own respective terms and conditions of use and privacy policy. These hyperlinks are provided for your convenience only. No warranties or representations are made as to third party websites, and any access to these third party websites is at your sole risk. REEL CANADA does not recommend or endorse access or use of any third party website or any content, product, services or other subject matter associated with any third party website. REEL CANADA assumes no responsibility for the content, services and/or products available through any such third party website.

9. Inappropriate Conduct

You agree not to undertake any conduct that is illegal, abusive, or otherwise inappropriate including, without limitation, any of the following (including any attempt to do so):

(a) uploading and/or posting material that is libellous, defamatory, obscene, pornographic, harassing, abusive, or threatening;

(b) posting personal information relating to any individual other than yourself;

(c) posting material in contravention of any contractual obligation or fiduciary duty;

(d) posting material that infringes any proprietary right of any third party including, without limitation, any intellectual property right;

(e) creating links to the Website (including, without limitation, links to any Content) from commercial websites;

(f) displaying any REEL CANADA trademark in terms of any permitted links to the Website and/or Content;

(g) framing of the Website or of any Content in any form and by any method;

(h) accessing areas of the Website, or features and services of the Website, that you are not authorized to access;

(i) engaging in activities violating federal, provincial, municipal, or international law, or advocating illegal activity;

(j) using the Website to facilitate unsolicited communications or solicitation schemes not expressly permitted by REEL CANADA;

(k) compromising the security of the Website or the facilities and/or resources used to operate the Website;

(l) gaining unauthorized access to the Website or any private network that may be accessible through the Website, or to any Website account other than your own User Account;

(m) taking any actions that may impose, as determined by REEL CANADA, an unreasonable or disproportionately large load on REEL CANADA facilities, systems or network, or telecommunications infrastructure;

(n) interfering with the proper functioning of the Website or any activities conducted on or throughout the Website;

(o) taking any measures or bypassing any automated exclusions or other measures REEL CANADA has implemented to restrict access to the Website or certain Website portions, features or services;

(p) using or launching any automated system, including without limitation, “robots,” “spiders” or any other similar technological devices which access the Website or any Website resource;

(q) using REEL CANADA website communication systems, including the “share” and “ask a question” features in regard to any proposed project or product, for any commercial solicitation purposes or for any other purpose than REEL CANADA intended purpose of such feature;

(r) attempting to disrupt network services or services of the Website;

(s) attempting to disrupt network services or the services of third party networks using the Website’s internet access service or other services and/or features;

(t) attempting to access or collect third party personal information;

(u) attempting to access or collect REEL CANADA confidential information or that of REEL CANADA dealers, distributors or other customers, with which REEL CANADA has been entrusted;

(v) using the Website in such a way that an excessive burden is placed on the Website’s resources and infrastructure;

(w) interfering with other users’ use of the Website; and

(x) engaging in the harvesting or collecting of information about other users of the Website, including, but not limited to, e-mail addresses.

Violation of the foregoing obligations may result in immediate suspension or termination of your User Account without notice to you, blocking access to the Website and/or Content from your IP address, as well as criminal and civil penalties as well as the exercise by REEL CANADA of any remedies or recourses available to it under applicable laws.

If you become aware of any inappropriate conduct or content on the Website, you should report it to REEL CANADA by e-mail at contactus@reelcanada.ca, including a complete description of the incident (with a copy, screenshot, or link to the content if possible), date and time, and any other relevant information, along with your name and telephone number (if you do not have a User Account).

10. Limitations of Liability

REEL CANADA will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize REEL CANADA to make, or for any errors or any changes made to any transmitted, stored or received information from this  Website.

You are solely responsible for the retrieval and use of the Content. You should apply your own judgement in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.

THE CONTENT IS PROVIDED FOR EDUCATIONAL, ENTERAINMENT AND/OR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.

IN NO EVENT WILL REEL CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED DATA, LOSS OF REPUTATION, DEPRECIATION OF GOODWILL OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF REEL CANADA OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL REEL CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS, LINKS TO THIRD PARTY WEBSITES, THE INTERNET BACKBONE, PERSONAL INJURY, THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE, OR EVENTS BEYOND THE REASONABLE CONTROL OF REEL CANADA, EVEN IF REEL CANADA OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Without derogating from any of the foregoing, REEL CANADA total aggregate liability under these Terms of Use, if any, in connection with the website, the Services or the Material Website or these Terms of Use will be limited to CAD$5.00. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between REEL CANADA and you.

REEL CANADA ASSUMES NO OBLIGATION TO VERIFY THE ACCURACY OF CONTENT, AND/OR CORRECT AND/ORUPDATE THE CONTENT. THE CONTENT MAY BE CHANGED OR REMOVED WITHOUT NOTICE TO YOU. REEL CANADA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. REEL CANADA DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

11. Revisions and Errata

The Content appearing on REEL CANADA website could include technical, typographical or photographic errors. REEL CANADA does not warrant that any of the Content on its website is accurate, complete or current.

REEL CANADA reserves the right to make changes to the Content at any time without notice, and changes take effect immediately after they are posted to the website. REEL CANADA does not make any commitment to update the materials. REEL CANADA is not liable to any users or third parties for said modification, suspension or discontinuance of their Content.

12. Termination

These Terms of Use are effective until terminated by REEL CANADA, in its sole discretion, with or without cause. REEL CANADA may terminate the Terms of Use without notice if you fail to comply with any of its terms. Any such termination by REEL CANADA shall be in addition to and without prejudice to such rights and remedies as may be available to REEL CANADA, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, license you have granted to REEL CANADA regarding any Content that you upload, post or otherwise provide REEL CANADA through or in conjunction with your use of this Website, the disclaimers, the limitation and exclusion of liability provisions, and the indemnity provisions of these Terms of Use will survive the termination or expiry of these Terms of Use.

13. Indemnity

You agree at all times to indemnify, defend and hold harmless REEL CANADA, its agents, suppliers, affiliates and their respective directors and employees all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties in respect of any information or other content you provide on or through this website or your use or misuse of the Content or this website, including without limitation infringement claims.

REEL CANADA will provide you with written notice of such claim, suit or action. REEL CANADA reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.

14. Interpretation

The division of these Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. In these Terms of Use, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, unincorporated associations and any other entity.

15. Entire Agreement

The agreement formed by these Terms of Use, as these may be amended from time to time (and supplemented by any document incorporated by reference in these Terms of Use), and any and all other legal notices and policies on the Website, constitute the entire agreement between you and REEL CANADA with respect to access to and use of the Website, Services, and Content, and the other subject matter of these Terms of Use (and any documents incorporated by reference in these Terms of Use).

16. Waiver

No waiver of any provision of these Terms of Use will be binding on REEL CANADA unless executed by REEL CANADA in writing. No waiver of any of the provisions of these Terms of Use will be deemed to be or will constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

17. Severability

Any provision of these Terms of Use (or portion of a provision) which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable will be ineffective to the extent of such illegality, invalidity, or unenforceability and will otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions (and the remaining enforceable portion of such provision, as the case may be) of these Terms of Use.

18. Enurement

These Terms of Use shall enure to the benefit of REEL CANADA successors and assigns.

19. Governing Law & Attornment

This Website is hosted on servers located in Toronto, Ontario, Canada.  These Terms of Use and the agreement created thereby will be interpreted and governed by the laws of the province of Ontario (with the exception of its body of rules relating to conflicts of law) and the Federal laws of Canada that apply in the province of Ontario.  Any dispute relating to this Website, Content and/or related services, or that otherwise relate to these Terms of Use, will be subject to the exclusive jurisdiction of the courts of the province of Ontario located in the city of Toronto, Ontario, Canada. Notwithstanding the foregoing, nothing in these Terms of Use prevents REEL CANADA from commencing any claim in any court in the world where any of its intellectual property rights have been infringed and/or any of its confidential information and/or trade secrets have been misappropriated or are being used without authorization.

20. Confirmation – Review of Terms

You acknowledge having read these Terms of Use before accepting it, having the authority to accept these Terms of Use and having had the opportunity to save or print a copy of these Terms of Use.