CALGARY CENTRE FOR PERFORMING ARTS
(Operating under the name Arts Commons)
PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND ARTS COMMONS.
1.1 Calgary Centre for Performing Arts, operating under the name Arts Commons, including its affiliates and subsidiaries (collectively, "Arts Commons", "we", "us" or "our"), grants you a limited, gratuitous and revocable non-exclusive license to view and access the website located at www.epcorcentre.com and www.epcorcentre.org (collectively, the "Website") subject to your unconditional acceptance of and compliance with these Legal Terms and Conditions (the "Terms"). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms, do not access or use the Website.
1.2 We reserve the right to modify these Terms at any time without prior notice by posting such modifications or modified Terms on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified. You agree to regularly review these Terms.
1.3 Except as may be expressly authorized by us, any reproduction, modification or distribution of the Website materials or content is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Arts Commons or any of its respective employees, agents, officers, directors or service providers shall not be liable to you or any third party should we exercise this right.
2.1 Arts Commons or its service providers own all right, title and interest in the Website, including all associated data and information. The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound (“Information”).
3.1 The Website and the Information, including the design, selection and arrangement thereof, are protected by copyright under copyright laws and international treaties. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Website shall grant you any rights in or to the copyright or other intellectual property or proprietary rights of Arts Commons or any third party.
4.1 All of the brands, names and related words and logos of Arts Commons referred to on the Website and used in connection with the products and services of Arts Commons are trademarks and/or trade names of Arts Commons. Nothing in these Terms or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such trademarks or trade names. The names of other organizations, companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Arts Commons or of third parties is strictly prohibited.
5. WEBSITE LINKS
5.2 In particular, this includes social networking sites whose content is partially or entirely contributed to by Arts Commons, including Arts Commons' YouTube Channel and Facebook Page.
5.5 Arts Commons makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Arts Commons disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by Arts Commons of that third party website, or as an endorsement of the products, services or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between Arts Commons and the party running the third party website. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not Arts Commons.
5.6 You may not frame this Website or link to this Website without our express permission. If you wish to link to this Website please contact us at firstname.lastname@example.org
6. SECURE AREAS
6.1 Certain areas of the Website are password protected (“Secure Areas”). You agree not to enter or attempt to enter any Secure Area unless authorized by Arts Commons. These Secure Areas may have additional terms and conditions governing their use and you agree to be bound by such terms and conditions when you use or access the Secure Areas. In the event of a conflict, the terms and conditions on the Secure Areas will supersede these terms with respect to information in the Secure Areas.
7. COMPLIANCE WITH LAWS
7.1 In addition to complying with these Terms, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner that could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
8.1 You understand and agree that:
(a) Use of the Website is at your sole risk. The Website is provided on an "as is", "as available" and "when available" basis. Arts Commons and its service providers disclaim any and all warranties with respect to the Website, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for a particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement.
(b) The downloading, reading and review of material from the Website or Linked Sites is done solely at your own risk. Arts Commons does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site.
(c) You agree that you will not rely on any opinion or other information set out in the Website or any website accessible through the Website when making business, financial, personal or any other decisions. Arts Commons and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessible through the Website.
8.2 IN NO EVENT SHALL EPCOR CENTRE BE LIABLE FOR ANY: (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES; (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND; (III) CLAIMS OF THIRD PARTIES; OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL BE CUMULATIVE LIABILITY OF EPCOR CENTRE AND ITS SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED CDN. $10.00.
8.3 THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OR CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF EPCOR CENTRE AND ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.
8.4 You agree to indemnify and hold Arts Commons and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) that Arts Commons may incur or suffer as a result of your use of this Website or arising out of your breach of these Terms.
9. JURISDICTION AND GOVERNING LAW
9.1 The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the interpretation of these Terms. The courts of the Province of Alberta, without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action.
11.1 These Terms, any and all other notices, policies and statements contained on the Website constitute the entire agreement between Arts Commons and you. These Terms cannot be modified except as described elsewhere herein. These Terms supercede anything in the Website or any prior communication with you inconsistent with these Terms. No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.