Date of last update: January, 2024

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the site maintained by udanakai média inc (the “site”).
By accessing or browsing the Site, you represent that you have read, understood and agree to be bound by these terms and conditions. Please note that we may modify the terms of use at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.

1. INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the Site, with the exception of user-generated content as defined below, is owned by us or our licensors and includes all copyrighted material, trademarks and patents. All trademarks are owned, registered and/or licensed by us. All content on the site, with the exception of user-generated content as defined below, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian or other copyright law and is the property of udanakai média inc. All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, without limitation, materials, data or information developed by us, or any other items that may assist you in using the Site or Services (the “Company Content”). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.

3. USER-GENERATED CONTENT

“User-generated content” includes communications, materials, information, data, opinions, photographs, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and/or other users of the site publish or make available on or through the site, except content that is proprietary to us.

4. USER ACCOUNT AND USE OF ACCOUNT

If your use of the Site requires an account identifying you as a user of the Site (a “User Account”):

a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and all passwords associated with your User Account, and for the activities of any person who has access to your User Account, with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password associated with your user account or any other breach of security of your user account or services provided through your user account, and you agree to assist us, as we may request, in stopping or remedying any breach of security related to your account; and

c) you agree to provide true, accurate and current user information as we may request from time to time, and you agree to notify us of any changes to your user information as required to keep the information we hold true, accurate and current.

5. PAYMENT

When you make a purchase on one of our partners’ sites (Le Point de vente or any of our venues’ ticketing systems), you accept the partner’s terms of use and agree to provide a valid payment instrument. Please pay attention to the transaction details, as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide a payment instrument, you declare that you have permission to use that payment instrument.When you make a payment, you authorize the payment service to charge the total amount to the payment instrument you have designated for the transaction.You also authorize the payment site to collect and record this payment instrument and any other information related to the transaction.If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction.If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions or if we believe that doing so may prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any third party involved (including other users) and may share details of any payment with which you are associated if we believe that such action may prevent financial loss or a breach of the law.

6. SALE OF PRODUCTS AND/OR SERVICES

We allow our partners to sell tickets for performances at the Banff Mountain Film Festival. We undertake to be as accurate as possible with regard to all information concerning Festival performances and ticket sales. However, we do not guarantee the accuracy or reliability of any information relating to this product and you acknowledge and agree that the purchase of such products is at your own risk.For goods or services sold by third parties, we are in no way responsible for any product and cannot make any warranty as to the merchantability, fitness, quality, safety or legality of such products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and/or seller and not against us.You agree to release us from any and all claims relating to goods or services manufactured or sold by third parties, including any claims relating to warranty or product liability.

7.SHIPPING, DELIVERY AND RETURN POLICY

We invite you to refer to the policy of the partner website where you purchase your Festival tickets. If you have any questions, you agree to contact the partner in question or to contact us in due course at the following e-mail address: infos@banffquebec.ca

8. ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any purpose prohibited by this clause. You agree not to use the Site in any manner that could harm the Site, the Services or the business of udanakai média inc.

You also agree not to use the Site for any of the following purposes:

a) harass, abuse, threaten or otherwise violate the rights of any person;

b) infringe the intellectual property rights of udanakai média inc. or any third party;

c) upload or transmit computer viruses or any other software that may damage the property of udanakai média inc. or others;

d) commit fraud;

e) create or participate in gambling, lottery or pyramid schemes;

f) publish or distribute obscene or defamatory material;

g) publish or distribute any material that incites violence, hatred or discrimination against any group; and/or

h) unlawfully collect information about others.

9.PRIVACY POLICY

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

When you subscribe to our newsletter, you provide us with a valid e-mail address and may also provide us with certain additional information, such as your name.Depending on how you use our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as “clear gifs”), tags and the like.We use the information collected from you to ensure that you have a good experience on the site.We may also track some of the passive information we receive to improve our marketing and analytics, and may work with third-party vendors to do so.If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide to us, such as your e-mail address.If you choose to unsubscribe from our newsletter, we will store and retain your information for a reasonable period of time in accordance with applicable federal, provincial and other legislation.Please see our Privacy Policy for more information.

10.REVERSE ENGINEERING AND SECURITY

You may not do any of the following: a) reverse engineer or disassemble any code or software on or from this Site; b) violate or attempt to violate the security of the Site by unauthorized access, circumvention of encryption or other security features, data mining or interference with any host, user or network.

11.DATA LOSS

We are not responsible for the security of your user account (if applicable) or the contents of your account. Use of the site is at your own risk.

12. INDEMNIFICATION

You agree to defend, indemnify and hold udanakai media inc. and its affiliates harmless from any claim, suit or demand, including attorneys’ fees, alleging or resulting from or related to your use or misuse of the site, your violation of these terms or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.

13. SPAM POLICY

You are strictly prohibited from using the Site or any services offered on the Site for illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial e-mail.

14. LINKS AND THIRD-PARTY CONTENT

We may publish links to third-party sites or services. We are not responsible for any damage or loss related to the use of third-party services linked to our site.

15. INDEPENDENCE OF CLAUSES

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

16. SERVICE INTERRUPTIONS

It may be necessary for us to interrupt your access to the Site in order to carry out unscheduled maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated unavailability for any reason and that we will not be liable for any damages or losses arising from such unavailability.

17. TERMINATION

We may suspend or limit your use of the Site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or any third party which is interfered with by your use or misuse of the Site or if you have been or are currently in breach of any of the terms hereof. We shall have no liability to any third party, including any third party supplier, for any suspension, limitation or termination of your access to the Site.

18. NO WARRANTY

While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. In no event shall we be liable for any damages whatsoever resulting from any errors on the site.

We accept no liability for any damage arising from misuse of the site’s content. Nor can we guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to any services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the applicable registration or subscription process, and to maintain its accuracy by making necessary updates as soon as practicable. You agree to maintain the confidentiality of all passwords chosen by you or assigned to you at the time of registration or subscription on udanakai média inc. or its partners and to assume responsibility for all activities that occur under your use of such data. We shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.

You agree that we may, in our sole and absolute discretion, and without prior notice to you, suspend your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use of the Site or any of its services), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with udanakai media inc. or any of its services, or with any of these terms, rules, policies, guidelines or our practices relating to the operation of udanakai media inc. or any of its services, your sole and exclusive remedy is to discontinue using such site or service.

19. CONFIDENTIALITY

Communications via the Internet are subject to possible interception, loss or alteration, therefore you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. For more information, please see our Privacy Policy available below.

20. QUESTIONS AND ADDITIONAL INFORMATION

If you have any questions or require further information, please contact us at the following address: infos@banffquebec.ca