All materials displayed or otherwise accessible through this Web site, including but not limited to text, graphics, videos, photos, trade-marks, logos and other materials (collectively, “Content”) are protected by copyright and trade-mark laws, and are owned by Planet in Focus and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Planet in Focus.
Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Web site for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
Subject to applicable law, in no event shall Planet in Focus, or its directors, employees, consultants, agents, or licensors (“Planet in Focus Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Web site or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Planet in Focus knew of or ought to have known of the possibility of such damages.
The Web site and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. Planet in Focus expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Web site and the Content, to the fullest extent permissible under applicable law. While Planet in Focus endeavours to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Web site and/or the Content including, without limitation, no representation or warranty that (i) the Web site or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Web site will be uninterrupted or error-free, (iii) that defects or errors in the Web site or the Content will be corrected, (iv) that the Web site will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that you are using the Web site and the Content, if applicable, at your own risk and liability.
You hereby agree to release each of the Planet in Focus Released Parties from, and in no event shall any or all of the Planet in Focus Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Web site (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Web site. You will indemnify and hold each of the Planet in Focus Released Parties from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Web site, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the Planet in Focus Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Web site.
Any information sent or received over the Internet is generally not secure. Planet in Focus cannot guarantee security of any communication to or from the Web site. Planet in Focus does not assume any responsibility or risk for your use of the Internet.
Any passwords and user ID’s used for this Web site are for individual business use only. You will be responsible for the security of your password and user ID (if any). Planet in Focus will be entitled to monitor your password and user ID and, at its discretion, require you to change it. If you use a password that Planet in Focus considers insecure, Planet in Focus will be entitled to require the password to be changed and/or terminate your account. You further agree not to disclose your password or user ID to any other person and Planet in Focus will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password or user ID. You agree to notify Planet in Focus immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password or user ID to gain access to your profile, or any breach of security, via e-mail to email@example.com if at any time your password or user ID is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised. Planet in Focus cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
“PLANET IN FOCUS INTERNATIONAL ENVIRONMENTAL FILM AND VIDEO FESTIVAL”, “PLANET IN FOCUS”, and PLANET IN FOCUS logo (words + design) are trade marks of Planet in Focus as are “Mixed Greens”, “Mixed Green Screenings”, “Green Screens Toronto”, and “Youth Camera Action”. Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Web site may constitute registered or unregistered trade marks of Planet in Focus or third parties. While certain trade marks of third parties may be used by Planet in Focus under licence, the display of third party trade marks on the Web site should not be taken to imply any relationship or licence between Planet in Focus and the owner of said trade mark or to imply that Planet in Focus endorses the wares, services or business of the owner of the said trade mark.
The Web site is operated by Planet in Focus from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Web site.
Planet in Focus may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Web site, at any time without notice. In the event of termination, you are no longer authorized to access the Web site or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Web site set out in this Agreement shall survive. Planet in Focus shall not be liable to any party for such termination.
Except for any agreement in respect of Content and Privacy, this is the entire agreement between you and Planet in Focus relating to your access and use of the Web site and the Content herein.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Planet in Focus will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Planet in Focus. No delay or omission by Planet in Focus in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Planet in Focus’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Planet in Focus’ right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.