Terms of Service
IMPORTANT PLEASE READ CAREFULLY. This is a contract. By using this website, you accept all terms and conditions of this agreement. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
The information and features included in this Website have been compiled from a variety of sources, are for informational purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of S4C Media Content
This Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code), and/or any other form of intellectual property, including but not limited to the design, structure, selection, co-ordination, expression, "look and feel" and arrangement of the foregoing (collectively, the “Material”) are owned by or licensed to S4C Media or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by S4C Media, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of S4C Media or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright, trademark and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate S4C Media’s rights or the rights of others. You agree not to interfere (or permit the use of your account by a third party to interfere) with the normal processes or use of the Website by others, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of these Terms by others of which you become aware. You are advised that S4C Media will aggressively enforce its rights to the fullest extent of the law. S4C Media may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Restrictions on Use
You agree not to do any of the following while using the Website:
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of S4C Media), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by S4C Media in its sole discretion);
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriate any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any person;
- transmit, post, send, upload, distribute, submit or otherwise make available any viruses, “Trojan horses” or other harmful, disruptive or destructive files or material that interferes with any previous uninterrupted use and enjoyment of the Website;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to S4C Media, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
- transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale any products or services, except in areas, if any, specifically designated for such purposes;
- collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers); or
- violate any applicable local, provincial, federal or international law, rule or regulation.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT S4C Media AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE MATERIAL, USER SUBMISSIONS OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER.
S4C Media makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or in any of the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by S4C Media.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR S4C Media’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN S4C Media’S DEFENSE OF ANY CLAIM. S4C Media RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF S4C Media.
Other than as expressly permitted by The TELUS Fund’s 2018 Special Call For Web Series Guidelines, S4C Media does not accept unsolicited submissions for motion pictures, television programs, web series, web sites or other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of S4C Media’s staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to S4C Media through this Website or otherwise.
Anything you submit to S4C Media through this Website or otherwise (whether solicited or unsolicited), including, without limitation, any ideas, data, questions, artwork, comments, suggestions, or personal information (jointly and severally, “Submissions”), is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. You hereby acknowledge and agree that your relationship with S4C Media is not a confidential, fiduciary, or other special relationship, and that your decision to submit any Material to S4C Media does not place S4C Media in a position that is any different from the position held by members of the general public with regard to your Submissions. You represent that any Submissions are original with you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that S4C Media determines are necessary to affect the intentions of these Terms. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of S4C Media’s actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Links to Other Websites
The website may contain links to websites operated by third parties. S4C Media has no control over any such other websites or the contents therein and does not make any representations regarding the content or accuracy of materials on such third party websites. The existence of any such links are provided solely as a convenience to you and shall not constitute an endorsement by S4C Media of such websites, the contents of the third party websites, or the operators of such websites.
If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any S4C Media names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with S4C Media. You may not “frame” this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by S4C Media in its sole discretion. S4C Media reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that S4C Media deems to be inappropriate or inconsistent with or antithetical to this Website and/or these Terms.
S4C Media is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform S4C Media of any errors or inappropriate material found on Websites to which this Website is or may be linked.
S4C Media operates this Website in Canada. These Terms shall be construed and enforced in accordance with the laws of the Province of British Columbia (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the Province of British Columbia for any cause of action relating to or arising under these Terms or the Website and agree that any dispute between the parties shall be heard in Vancouver, British Columbia.
Violations and Additional Policies
S4C Media will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of S4C Media. S4C Media reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your access to the Website, or upon demand by S4C Media, you must destroy all Material obtained from this Website and all related documentation and all copies and installations thereof. You are advised that S4C Media will aggressively enforce its rights to the fullest extent of the law. S4C Media, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Website; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass S4C Media its representatives or any other individual in any manner related to the Website.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
If you have any questions, comments or concerns about our Website or these Terms, you may contact us at: firstname.lastname@example.org.
The effective date of these Terms is July 30, 2018.