Terms and Conditions

Terms & 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 accessing 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 Toronto International Film Festival Inc. (“TIFF”). 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

The Toronto International Film Festival Inc. employs a Secure Server using SSL (Secure Socket Layer) encryption for the secure exchange of data between the patron and our system. The system supports both 40bit, 56bit and 128bit SSL encryption on virtually all browsers.

The website transactions are secured using a Thawte SCG Digital Certificate. This ensures that all information you send to us via the World Wide Web will be encrypted. If any other Internet user intercepts the communication he/she should only be able to see it in an encrypted (garbled) form. Certificate technology allows us to decrypt the information, and view it in plain text form. For more information on SSL digital certificates for web servers please click here. The SGC SuperCert is Thawte's strongest encryption certificate.

TIFF’s transaction system provides many other elements of security and risk management including protections that reduce the risk of fraudulent credit card number generators, redundant accidental transactions, and more.

TIFF’s web server resides behind a dedicated Firewall in a separate secure network. This protects and isolates TIFF’s web server.

No credit card information is maintained on TIFF’s 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 TIFF 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

See TIFF's privacy policy is available.

Trade-marks

Certain names, graphics, logos, icons, designs, words, slogans, titles and phrases on our web-site constitute registered and unregistered trade-marks of TIFF (collectively the "Marks"). The Marks include, without limitation, TIFF®, Toronto International Film Festival®, Festival International Du Film De TorontoMC, TIFF Festival®, TIFF Industry®, TIFF Kids®, TIFF Next Wave®, TIFF Learning®, TIFF Cinematheque®, TIFF Membership™, TIFF Shop®, TIFF Rising Stars®, TIFF Nexus™, TIFF Noir™, Jump Cuts®, Reel Talk®, Canada's Top Ten Film Festival™, Film Circuit™, Higher Learning™, Student Film Showcase™, Film Reference Library™, TIFF Kids International Film Festival™, TIFF Next Wave Film Festival™, Studio™, TIFF Bits™, digiPlaySpace®, Talent Lab™, Pitch This!™, FOR THE LOVE OF FILM® and associated logos.

Any unauthorized use, downloading, re-transmission, or other copying or modification of trademarks may be a violation of federal or other law that may apply to trademarks and such actions could subject the copier to legal action.

Please note that the absence of a Mark from this list does not constitute a waiver of TIFF's trade-mark or other intellectual property rights.

Some trade-marks on this site are owned by other parties who have granted TIFF a licence to use their marks.

Copyright

Canadian Copyright Law

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 © to indicate that it is copyright protected.

A copy of the Canadian Copyright Act is available here.

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

This website is Copyright © Toronto International Film Festival Inc. 2011. All rights reserved.

Text and image files, audio and video clips, and other content on this website is the property of Toronto International Film Festival Inc. ("TIFF") and may be protected by copyright and other proprietary rights or subject to restrictions. Copyright and other proprietary rights in the content on this website may also be owned by individuals and entities other than, and in addition to, TIFF, and used by TIFF under licence.

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 TIFF’s express permission, provided that they comply with the conditions set out below. TIFF 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 TIFF’s web-site, that they will not violate TIFF’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 TIFF 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 TIFF, 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 TIFF. 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 TIFF’s written consent.

Permission for such uses may be granted on a case-by-case basis at the sole discretion of TIFF. A usage fee may be assessed depending on the type and nature of the proposed use.

Warranty

By downloading, printing or otherwise using text, images, audio and video clips and other content from this website, users agree and warrant that they will limit their use to fair dealing and will comply with all other terms and conditions of this website, and will not violate the rights of TIFF or any other person or entity.

TIFF makes no warranty, representation or covenant that use of the text, images, audio and video clips and other content displayed on or available through this website will not infringe the rights of third parties other than TIFF. Furthermore, TIFF makes no warranty, representation or covenant that the TIFF web-site and any text, images, audio and video clips and other content accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using this website or any materials from it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TIFF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEB SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT WHERE TIFF SPECIFIES OTHERWISE EXPLICITLY IN WRITING. Limitation of Liability and IndemnityIN NO EVENT WILL TIFF 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 WEB SITE. 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 TIFF 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 TIFF website contains links to third party websites. The linked sites and pages are not under the control of TIFF and TIFF 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 TIFF.

Entire Agreement

These terms and conditions and any other legal notices, policies and guidelines of TIFF linked to these terms and conditions constitute the entire Agreement between you and TIFF 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 TIFF making such amendments or modifications available on this website.

Governing Law

TIFF, this website and the content of this website (excluding linked web sites 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 TIFF agree to submit to the non-exclusive jurisdiction of the Ontario courts. You and TIFF 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. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

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 TIFF 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.