The following terms of the present agreement (the “Terms”) govern the relationship between you (alternatively a “User”) and TheSeventh Art with respect to your use of the Website located at theseventhart.org (the “Website). By using the Website, you unconditionally agree to comply with and be bound by the Terms as well as the The Seventh Art’s Privacy Policy.
We reserve the right to update these Terms from time to time and without prior notice. Your continued use of the Website shall constitute your acceptance to the Terms as modified.
If you have any questions about the Terms, please contact us using our contact form.
USE OF THE WEBSITE
By using the Website, you do so at your own risk and agree that The Seventh Art is not liable to you or any third party for any damages which may arise from your use of the Website.
You agree that your use of the Website will be only for lawful purposes, in a manner that does not infringe the rights of any other party or inhibit another party’s use and/or enjoyment of the Website in any way.
LINKS TO OTHER SITES
The Website may contain links to other websites and/or social media platforms (the “Linked Sites”). These Linked Sites are independent from the Website and The Seventh Art, which does not control, endorse, or make any representations or warranties concerning their contents. You are responsible for verifying any information contained within the Linked Sites, which may also be changed or updated at any time without notice.
THE SEVENTH ART’S INTELLECTUAL PROPERTY RIGHTS
The content and layout of this Website, including, but not limited to, the trademarks (including, but not limited to, program names, domain names, business names, words, phrases, original graphics, videos, icons, logos, and designs), text, photos, HTML, site design, computer code, and other such content or information (collectively “The Seventh Art’s Intellectual Property”) are owned by, or licensed to or fairly used by The Seventh Art. You may not reproduce, copy, imitate, distribute, display, transmit, or otherwise use the The Seventh Art’s Intellectual Property without the written permission of The Seventh Art.
Any unauthorized use, re-transmission, downloading, or other such modification or copying of the The Seventh Art’s Intellectual Property may violate civil or criminal laws and The Seventh Art may take legal action accordingly.
TERMINATION
The Seventh Art reserves the right to block your access to this site, including your email or IP address, at its sole discretion for any reason. The Seventh Art may also, at any time in its sole discretion, discontinue providing the Website or any part of the Website, with or without notice.
The Seventh Art shall not be liable to you or any third party for damages resulting from the termination of either your access to the Website or the Website altogether (or any part thereof).
INDEMNITY
You agree to indemnify, defend, and hold harmless The Seventh Art, its assigns, successors, partners, sponsors, officers, directors, agents, shareholders, employees, affiliates, representatives, and other related entities from and against any third party claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from, or relating to:
(i) Your use or misuse of, or connection to, the Website or the information therein;
(ii) Your participation in any activities arising from the Website;
(iii) Your breach or alleged breach of any representation or warranty;
(iv) Your breach or alleged breach of these Terms;
(v) Your violation of any rights (including intellectual property rights) of a third party; or
(vi) Your use or misuse of any User-Generated Content including in violation of the Privacy Policy.
WARRANTY
You agree that your use of the Website or the information herein, including any third party content or User-Generated Content, is provided on an “as is” and “as available” basis and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream, or access of any material obtained through the use of the Website, or use of any function on the Website.
The Seventh Art does not guarantee that there will be no interruptions, delays, or inaccuracies on the Website. The Website may be unavailable from time to time due to maintenance or malfunction or for various other reasons, for which The Seventh Art shall not be liable should it be unable to perform its obligations hereunder as a result thereof. Certain information may change and errors may occur, and The Seventh Art is not responsible for any loss resulting from such changes or errors.
The Seventh Art expressly disclaims all warranties of any kind, including, but not limited to, warranties of title and non-infringement; warranties that the website, its functionalities, and/or any third party or User-Generated Content will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose.
ENTIRE AGREEMENT
These Terms and the Privacy Policy constitute the entire agreement between you and The Seventh Art with respect to your use of the Website and supersede any other understandings or agreements (whether oral or written), representations or claims of the parties regarding such subject matter. You may not amend these terms.
SEVERABILITY
If any provision of the Terms is held to be unenforceable or invalid, such provision shall be modified so as to render it enforceable and valid while implementing, as much as possible, the original intent of that provision. Failing such modification for any reason, such provision shall be ineffective only to the extent of its unenforceability or invalidity without affecting the remainder of such provision or any other provision in the Terms.
GOVERNING LAW
By using the Website, you agree that these Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You agree that any legal action or proceeding between you and The Seventh Art shall be brought exclusively in the provincial courts of the Province of Ontario.