Terms and Conditions

Your access to and use of this website is subject to legally binding terms and conditions.
 
Carefully read the following terms and conditions before accessing or using this website. Your access or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them.
 
The following terms and conditions form a binding agreement (“Agreement”) between you and Spiff Group. We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions.
 
All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.
 
Information Security
No credit card information is maintained on Hot Docs’ web servers.
 
Although this website uses encryption technology and other means of security, there is no guarantee that personal information and transactions on the Internet will be maintained confidential and secure. Your use of this website and its content are at your own risk and Hot Docs assumes no liability or responsibility pertaining to this website or its content or the receipt, storage, transmission or other use of the information you provide through this website.
 
Privacy
Unless you have expressly selected the option to subscribe to the Spiff Group newsletter, Spiff Group does not share your contact information or use it for any purpose corporate, sales, or marketing purpose.
 
Copyright
Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a copyright symbol, i.e. “©”, to indicate that it is copyright protected.
 
It is important to understand the basics of Canadian copyright law and how it relates to film and underlying works, such as music, literature and promotional material for film. As well, it is important to know that Canada is a member of two international copyright treaties. Thus, when work is used in Canada, Canadian copyright law applies; when it is used in another country such as Germany, German copyright law applies.
 
Content is Protected by Intellectual Property Laws
 
Text and image files, audio and video clips, and other content on this website may be protected by copyright and other proprietary rights or subject to restrictions. Copyright and other proprietary rights for the content on this website may also be owned by individuals and entities other than, or in addition to, Spff Group, and used by Spiff Group under license.
 
Fair Dealing
Fair dealing of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as scholarship, research, criticism, commentary and news reporting. Unless otherwise noted, users who wish to download or print a single copy of text and image files, audio and video clips, or other content from this website for such uses may do so without Spiff Group’s express permission, provided that they comply with the conditions set out below. Spiff Group expressly prohibits the copying of any materials on this website, except for the purposes of fair dealing as defined in Canadian copyright law, and as described above.
 
• The content may only be used for personal, educational or noncommercial purposes.
• Users agree by downloading, printing or otherwise using text and image files, audio and video clips or other content from Spiff Group's web-site, that they will not violate Spiff Group's or any other party’s proprietary rights.
• Users must cite the author and source of the content.
• The citation must include all copyright information, and other information associated with the content, and the URL for the Spiff Group website.
 
Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website, including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Spiff Group, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Spiff Group. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content without Spiff Group's written consent.
 
Permission for such uses may be granted on a case-by-case basis at the sole discretion ofSpiff Group. A usage fee may be assessed depending on the type and nature of the proposed use.
 
Limitation of Liability and Indemnity
IN NO EVENT WILL SPIFF GROUP OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
 
As a condition of your use of this website, you agree to indemnify Spiff Group and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
 
Links to Third Party Websites
The Spiff Group's website contains links to third party websites. The linked sites and pages are not under the control of Spiff Group and Spiff Group is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by HOT DOCS.
 
Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Spiff Group linked to these terms and conditions constitute the entire Agreement between you and Spiff Group relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Spiff Group making such amendments or modifications available on this website.
 
Governing Law
Spiff Group, this website and the content of this website (excluding linked websites or content) are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, you and Spiff Group agree to submit to the non-exclusive jurisdiction of the Ontario courts. You and Spiff Group expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. We have required that this Agreement and all documents relating thereto be drawn-up in English. 
 
Severability
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
 
Enurement
This Agreement shall inure to the benefit of and be binding upon you and Spiff Group and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.