Introduction Welcome to https://otafest.com (the “Website”, or “Site”), operated by the Otafest Film & Cultural Festival Planning Committee (“Otafest”, or “we” or “us”). We are a registered non-profit arts organization in Alberta. By accessing the Website, you agree to be bound by these Terms of Use and all applicable federal, provincial, and local laws and regulations.
Privacy Policy Your access to and use of the Website is also conditioned on your acceptance of and compliance with our Privacy Policy. Please read our Privacy Policy carefully before using the Website.
Ownership and Use of Publications, Trademarks, and Logos You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray Otafest, its officials, its volunteers, or its content, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission from us. We provide information and resources on Otafest’s annual festival, including articles, press releases, photographs, newsletters, videos, partnership opportunities, and volunteering opportunities (collectively, “Publications”). Unless otherwise noted, all Publications, including those appearing on this Website, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors, and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights are owned by us or our licensors (who may be third-party beneficiaries of these Terms of Use) and protected by the copyright, trademark, patent and other laws of the United States and international treaties. You are permitted to display, view, use, and download Publications for your own personal non-commercial use provided that: (i) the copies of Publications must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials; (ii) you must give attribution to the Otafest Film and Cultural Festival Planning Committee and provide a reference to our Website; (iii) a Publication must be printed in its entirety without modification, reformatting, adaptation or adjustment; and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is the Otafest Film and Cultural Festival Planning Committee’s Publication. For any other use, you must obtain our express written permission. To request permission for use of copyrighted material, trademarks, or logos, send an email to marketing@otafest.com.
Prohibited Conduct You are prohibited from attempting to circumvent and from violating the security of the Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing the TCP/IP packet header; (e) disrupting network services and otherwise disrupting Otafest’s ability to monitor the Site; (f) using any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site except for standard search engine technologies used by recognized third-party search engines to index and display links in search results; (g) introducing any viruses, trojan horses, worm, logic bombs or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Site. Violation of any of these rules may result in termination of your access to the site, legal action, and referral to the appropriate law enforcement authorities.
User; Licensing You retain ownership of any of your intellectual property rights in content that you share with us. By submitting any content to Otafest, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of content does not establish any relationship of trust and confidence between you and Otafest, and that you have no expectation of compensation whatsoever. You represent and warrant that your content conforms to these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these Terms of Use; and you agree to indemnify and hold Otafest harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
Third Party Content We respect copyright and trademark laws. Third-party material may appear on our site, and those creators retain all rights to their works, except as noted herein.
Links to Other Websites Links on the Website that lead to outside services and resources are provided for convenience only. We do not control the accuracy or availability of those outside services and resources. Otafest does not endorse those organizations or the information provided by other organizations. Any concerns regarding any such service or resource, or any link, should be directed to the particular service or resource.
Website Accuracy Though we strive to keep the information available on the Website current and accurate, errors can and do occur. We provide the information on the Website with no representations or guarantees of accuracy, completeness, or timeliness. Otafest will not be liable to you or any other person for any damages that result from the use or inability to use the Website, or as a result of any content, information, services, or resources made available through the Website.
Third-Party Services Otafest utilizes Third-Party Services to process event pass and merchandise purchases, collect partner non-profit donations (“transactions”), and store attendee information online. Otafest may reference or enable you to access (including on the Otafest Website) Third-Party Services. These Third-Party Services are provided for your convenience only and Otafest does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk and Otafest disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not Services and are not governed by this Agreement or Otafest’s Privacy Policy. Your use of any Third-Party Service, including those linked from the Otafest Website, is subject to that Third-Party Service’s own terms of use and privacy policies (if any).
INDEMNIFICATION YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF US, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND VOLUNTEERS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR RELATED TO YOUR USE OF THIS WEBSITE, THE VIOLATION OF THESE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
About These Terms – General Provisions If we do not immediately take action to address a violation of these Terms of Use, we are not waiving our rights to take action in the future. If any particular provision of these Terms of Use is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. This Website is owned and operated by us in Calgary, Alberta. Your use of the Website, and any related legal action, will be governed by the laws of the Province of Alberta, without regard to conflict of laws principles. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta.
Changes to the Terms of Use We reserve the right to make changes to any information or services on the Website, including these Terms of Use, without notice to you. The most current Terms of Use will be posted here on the Website and will be effective upon posting. The Effective Date will be posted with the most current Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
