Terms and Conditions

AIFF Terms and Conditions

Access to and use of the AIFF AFFA (“AIFF”) website (https://www.atlanticfilmfestival.ca/) is subject to the terms and conditions listed in this document.  Use and access of the AIFF website indicates your acceptance of the terms and conditions in this document and forms a legally binding agreement between you and AIFF. We reserve the right to amend and adjust these terms and conditions at any time without advance notice. Amendments and adjustments will be posted to the AIFF website, and become effective at that time. Your continued use of the AIFF website indicates that you have accepted the changed terms and conditions, and agree to be bound by them.

 When this Agreement or the AIFF website refers to money, all amounts are in Canadian dollars.

Privacy

Any personal information collected during the use of the AIFF website is governed by its Privacy Policy.
AIFF’s privacy policy is available here.

Copyright

Content on this website is protected by intellectual property laws, including but not limited to copyright and trademark laws.

AIFF’s Content on this website, including text, image files, logos, trademarks,  audio and video clips, derivative forms thereof and any and all other content, is the property of AIFF (“AIFF”, “AIFF Stream”) and may be protected by copyright and other proprietary rights or subject to restrictions.

The copyright and proprietary rights of some content available on this website may also be owned by third-party individuals and entities other than, or in addition to, AIFF. This content is used by AIFF under license from such third-party copyright holders.

License to Use

By allowing you access to content on the website, AIFF grants you a one-time non-exclusive license to the content of the website.  Under the license:

  • Content from the website may be viewed, enjoyed, and used ONLY for personal purposes.

  • Users agree not to violate AIFF’s or any other party's proprietary rights in downloading, printing, or otherwise using and reproducing any text, image, trademarks, audio, or video files (whether stand-alone or otherwise), or any other content from AIFF’s website. Specifically, you also agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or the content and information contained on or obtained from or through the AIFF website.

  • AIFF Stream content is not rated and should be accessed by those 18 and older. Viewer discretion is advised.

  • Content used must be properly attributed to the authors, or owners of the copyright by providing title, name of the producer/author/creator and any other information that identifies the work to its source.

  • Attribution must include all copyright information, any contextual information associated with the content, and the direct URL for AIFF’s website.

Fair Dealing

Restricted Uses

AIFF specifically prohibits, without AIFF’s express authorization, any copying or commercial publication of exploitation of content from this website, including but not limited to text, images, trademarks, audio, and video content, whether in a stand-alone or collective manner, including publication, re-transmission, broadcast, circulation, selling, reproduction, or redistribution. Using any content, including but not limited to text, images, trademarks, audio, and video content, requires requesting and receiving prior written permission from AIFF.

You agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents, or other automated processes on the AIFF website or its content without AIFF’s written consent. AIFF reserves the right to grant permission for such uses on a case-by-case basis, at its sole discretion, and may assess a usage fee depending on the type and nature of the proposed use.

Particularly, you also agree not to: circumvent, remove, alter, deactivate, degrade or by-pass any of the content protections, decompile, reverse engineer or disassemble any software or other products or processes, insert, alter or manipulate any code of the AIFF website; use any data mining, data gathering or extraction method.

In addition, you agree not to transmit, upload, e-mail or otherwise share through any means electronic or otherwise, any materials that may disrupt, interrupt, destroy or limit the functionality of the AIFF website and/or its back-end. You also agree not to transmit any viruses, worms, bots, malware or any similar files or programs that are likely to temporarily or permanently impair the functionality of the AIFF website.

We may terminate or restrict your use of the AIFF WEBSITE if you violate these Terms or are PERCEIVED TO BE engaged in illegal or fraudulent use of the TERMS AND CONDITIONS.

Warranty

Users of the AIFF website warrant and agree that by downloading, printing, or otherwise using text, images, trademarks, audio and video clips, and other content from this website, that they will limit their use to those uses allowed under the Terms and Conditions, as may be revised from time to time. Users also agree  that they will comply with all other terms and conditions of this website, and that they will not violate the rights of AIFF or any other person or entity.

AIFF does not warrant or covenant that use of the content displayed on or available through this website will not infringe the rights of third parties other than AIFF, and furthermore does not warrant or covenant that the AIFF website, and any text, image, trademarks, audio, video, or other content accessed from or available thereon, will be uninterrupted, free of errors, or free of viruses or other harmful components.

AIFF makes no representations or warranties as to the quality of the display of the AIFF website ix content.  The quality, resolution, overall coloration and other display attributes may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection as well as your device settings.  You are responsible for any charges as to data or internet access in viewing the AIFF website content.

AIFF makes no warranty or covenant for any breach of security or damage to your computer system, nor any loss of data that may result from accessing the AIFF website, or downloading or using the website or any materials from it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIFF 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 MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT WHERE AIFF SPECIFIES OTHERWISE EXPLICITLY IN WRITING.

Limitation of Liability and Indemnity

IN NO EVENT WILL AIFF 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 AIFF 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 AIFF website contains links to third party websites. The linked sites and pages are not under the control of AIFF and AIFF 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 AIFF.

When you click on any link, you are automatically be redirected to their website. Upon such access, the terms of use (or Terms and Conditions) as well as the Privacy Policy of such third-party website shall govern your personal information, use and access to their website. In the event of any breach of personal information or issues with payment transactions, if any, the terms of use and policies of such third party websites shall apply.

Entire Agreement

These terms and conditions and any other legal notices, policies and guidelines of AIFF linked to these terms and conditions constitute the entire Agreement between you and AIFF relating to your use of this website and supersede any prior understandings or agreements (whether oral, written or otherwise), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by AIFF making such amendments or modifications available on this website.

Governing Law

AIFF, this website and the content of this website (excluding linked web sites or content) are physically located within the Province of Nova Scotia, Canada. This Agreement will be governed by the laws of the Province of Nova Scotia and the federal laws of Canada and shall be treated in all respects as a Nova Scotia contract, without reference to the principles of conflicts of law. In the event of a dispute, you and AIFF agree to submit to the non-exclusive jurisdiction of the Nova Scotia courts. 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 unenforceable 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 enforce ability of such provision in any other jurisdiction.

Enurement

This Agreement shall inure to the benefit of and be binding upon you and AIFF 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.

AIFF acknowledges that the lands on which we gather are the traditional territories of the Beothuk, Mi’kmaw, and Wolastoqiyik (Maliseet) Peoples, and the homelands of the Innu and Inuit of Labrador.