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Terms of Use

The Saskatchewan Motion Picture Industry Association website, located at www.smpia.sk.com (the “Website”), is licensed and operated by Saskatchewan Motion Picture Industry Association (“SMPIA”, “we”, “us”, “our”) and is being made available to you subject to the following terms of use (“Terms of Use”). By accessing and using this Website, you agree to be bound by the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. These Terms of Use may be updated by us from time to time without notice to you. It is important to refer to these Terms of Use from time to time to make sure that you are aware of any additions or revisions that we may have made. Your continued use of the Website constitutes your acceptance of any modifications to these Terms of Use.

Service Description

The Website provides users with access to information about motion picture in Saskatchewan, Canada as well as the opportunity to contribute such information (collectively, the “Service”). SMPIA may augment, change, suspend, modify or discontinue any aspect of the Website or the Service at any time without notice.

Ownership/Restrictions on Use

The SMPIA name and its associated logos, are owned by Saskatchewan Motion Picture Industry Association. The Service and any and all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information related thereto (collectively, the “Content”) is owned by SMPIA and/or its third party licensors. The Content is protected by Canadian and international copyright and trademark laws.

The Content is for your personal, non-commercial use only. You may not modify, copy, reproduce, publish, post, transmit, distribute, perform, create derivative works from, transfer or sell any Content for other than personal, non-commercial use without the express prior written consent of SMPIA.

Registration and Passwords

Registration may be required to access and use certain portions of the Website and/or the Service. If you register for such use, you agree to provide true, current, complete and accurate information required for such registration, and to update such registration information as soon as possible should there be any changes to that information. Upon registration, you will be asked to select a password and /or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify SMPIA of any suspected unauthorized use of your password or username or any other breach of security. SMPIA will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of your failure to protect the confidentiality of your password and/or username.

User Conduct

As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and the Code of Conduct. In addition, without limiting the foregoing, you agree not to post or transmit any virus, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane material or any material that could constitute or encourage a violation of the law. SMPIA reserves the right to edit or remove such material or viruses.

Your Content

From time to time, SMPIA may permit you to upload information, advice, text, data, messages, original content and other materials (“Your Content”) to the Website in the form of chat rooms, discussion forums, message/bulletin boards, news groups, or such other means. You are solely responsible for Your Content, and SMPIA will not be liable in any way for any error or omission, or loss or damage of any kind arising from Your Content.

SMPIA does not necessarily pre-screen Your Content, but has the right but not the obligation, in our sole discretion, to modify, refuse or remove Your Content, and/or to terminate the privileges of any user to participate in Services on the Website if such users violate these Terms of Use.

By posting Your Content to our Website, such information shall be deemed to be nonconfidential. Upon submission, you grant (or warrant that the owner of such material expressly grants) to SMPIA a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed. In addition, you waive all moral rights in such materials. You acknowledge and agree that SMPIA may archive Your Content, but has no obligation to do so, and may also disclose Your Content at any time and for any reason for its own purposes or as required by law.

Privacy

SMPIA respects your right to privacy and your personal information, and will not sell transfer or otherwise disclose any of your personal information to any third party without your consent. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Links

The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties (“Other Site(s)”). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by SMPIA of any Other Site, its resources, or its content. SMPIA will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites.

You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that SMPIA will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

SMPIA reserves the right to deny or revoke permission to link to the Website from any Other Site for any reason in our sole discretion.

Disclaimer/Limitation of Liability

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMPIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMPIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OR, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF SMPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.

Indemnity

You agree to defend, indemnify and hold harmless SMPIA, and its respective affiliates, officers, employees, shareholders, agents, and licensors from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with (a) Your Content; and/or (b) your (or anyone acting under your password or username) use of this Website, or any alleged violation by you of these Terms of Use.

Notwithstanding the foregoing, SMPIA retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against SMPIA and in no event shall you settle any such claim without our prior written approval.

Entire Agreement

These Terms of Use, the Privacy Policy, and any other terms and conditions posted on the Website from time to time, constitute the entire agreement between you and SMPIA with respect to the use of the Website.

Governing Law

These Terms of Use are to be governed by and construed in accordance with the laws of the Province of Saskatchewan and the laws of Canada applicable therein. Any legal action concerning these Terms of Use on this Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Saskatchewan.

Severability

If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

How to Contact Us

If you have any questions, comments or concerns about the Website or these Terms of Use, you may reach us in the following ways:

Saskatchewan Motion Picture Industry Association
312 – 1831 College Ave
Regina, SK, S4P 4V5

E-mail: smpia@smpia.sk.ca

Last updated: January 29, 2007