TERMS OF SERVICE
Welcome to www.canadiantalentfarm.com (the "Site"), a website owned and operated by Joel Levy
doing business as CanadianTalentFarm ("CanadianTalentFarm"). The Site or any product or service
offered on the Site (collectively the "Services") are provided by CanadianTalentFarm, conditional on your
acceptance of the terms and conditions of use set out below (the "Terms and Conditions of Use").
Your use of the Site shall constitute your binding acceptance of the Terms and Conditions of Use.
CanadianTalentFarm reserves the right to modify or amend the Terms and Conditions of Use without
notice at any time. As such, it is important that the Terms and Conditions of Use be read on a regular
basis so that you are aware of any such changes.
By accessing any part of the website, you agree to be bound by these Terms and Conditions of Use.
1. Copyright and Trade-marks
All content included on the Site (including, without limitation, the design, text, graphics, trade-marks,
service marks, logos, slogans and internet domain names as well as any audio, video or User
Submissions), and any selection or arrangement thereof (the "Content"), is the exclusive property of
CanadianTalentFarm or its licensors and is protected by international copyright, trade-mark, service
marks, patents, or other proprietary rights and laws. All such rights therein are expressly reserved by
CanadianTalentFarm.
Except as expressly stated in these Terms and Conditions of Use, none of the Content may be
downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the
prior written permission of CanadianTalentFarm. The CanadianTalentFarm name is a trade-mark and
copyright of Joel Levy.
2. Accounts
In order to access some features of the Site, you will have to create a CanadianTalentFarm account. You
may never use another's account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify CanadianTalentFarm
immediately of any breach of security or unauthorized use of your account. Although
CanadianTalentFarm will not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses to CanadianTalentFarm or others due to any such unauthorized use.
3. User Conduct
In consideration of the availability and your use of the Site, you agree to comply with the Terms and
Conditions of Use and all applicable laws when using the Site. You acknowledge that
CanadianTalentFarm may investigate any violations of law and may cooperate with law enforcement
authorities in prosecuting users in this regard. Additionally, you agree not to:
(a) post, transmit, link to, or otherwise distribute any materials, information or content
constituting, advocating or encouraging conduct that would constitute a criminal offence
or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law
or would serve to restrict or inhibit any other user from using or enjoying the Site or the
Internet;
(b) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory,
infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
(c) post, transmit, link to, or otherwise distribute any information, materials or content
(including for greater certainty, software) which contains a virus or other harmful or
disruptive component;
(d) interfere with the security of, or otherwise abuse, the Site, system resources, accounts,
servers or networks connected to or accessible through the Site;
(e) sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or
reproduce or publicly display, perform, transmit, distribute or otherwise use the Content
for any public or commercial purpose;
(f) use any robot, spider or other automatic program or device, or manual process to
monitor, copy, summarize or otherwise extract information from this Site or the Content in
whole or in part;
(g) use or attempt to use another's account, password or other information without the prior
written authorization of CanadianTalentFarm;
(h) access the Site for the purposes of monitoring availability, performance or functionality, or
for any other benchmarking or competitive purpose;
(i) attempt to obtain unauthorized access to the Site or portions of the Site which are
restricted from general access;
(j) access any Content (including User Submissions) through any technology or means
other than through the Site itself, or other explicitly authorized means permitted by
CanadianTalentFarm;
(k) use the Site for any commercial use, without the prior written authorization of
CanadianTalentFarm. Prohibited commercial uses include, but are not limited to, any of
the following actions taken without CanadianTalentFarm's express approval:
(i) sale of access to the Site or Services on another website;
(ii) use of the Site or Services for the primary purpose of gaining advertising or
subscription revenue; or
(iii) any use of the Site or Services that CanadianTalentFarm finds, in its sole
discretion, to use the Content with the effect of competing with or displacing the
market for CanadianTalentFarm, CanadianTalentFarm content, or its User
Submissions.
For greater certainty, prohibited commercial uses do not include: uploading an original video to
CanadianTalentFarm, or maintaining an original channel approved by CanadianTalentFarm to promote
your business or artistic enterprise; and any use that CanadianTalentFarm expressly authorized.
4. Use of Content
In addition to the general restrictions set out above, the following restrictions and conditions apply
specifically to your use of Content on the Site:
(a) you may access User Submissions solely:
(i)for your information and personal use;
(ii)(ii) as intended through the normal functionality of the Site and Services; and
(iii) for Streaming;
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the
Internet from the Site and related Services to a user's device in such a manner that the data is
intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing videos for any purpose or in any manner other than
Streaming is expressly prohibited;
(b) user comments are made available to you for your information and personal use solely as
intended through the normal functionality of the CanadianTalentFarm Site and Services.
User comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise
exploited in any manner not intended by the normal functionality of the Site or related
Services; and
(c) you understand that when using the Site, you will be exposed to User Submissions from
a variety of sources, and that CanadianTalentFarm is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have against
CanadianTalentFarm with respect thereto, and agree to indemnify and hold
CanadianTalentFarm, its owners/operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the Site.
5. User Submissions
As a CanadianTalentFarm account holder you may submit video content and textual content (collectively
"User Submissions"). You understand that whether or not such User Submissions are published,
CanadianTalentFarm does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or
publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own
or have the necessary licenses, rights, consents, and permissions to use and authorize
CanadianTalentFarm to use all patent, trade-mark, trade secret, copyright or other proprietary rights in
and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Site and these Terms and Conditions of Use.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User
Submissions to CanadianTalentFarm, you hereby grant CanadianTalentFarm a worldwide, non-exclusive,
royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Submissions in connection with the CanadianTalentFarm Site
and CanadianTalentFarm's (and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the CanadianTalentFarm Site (and derivative works thereof) in
any media formats and through any media channels. You also hereby grant each user of the
CanadianTalentFarm Site a non-exclusive license to access your User Submissions through the Site, and
to use, reproduce, distribute, display and perform such User Submissions as permitted through the
functionality of the Site and under these Terms and Conditions of Use. The above licenses granted by
you are perpetual and irrevocable.
You further agree that you will not, in connection with User Submissions, submit material that is contrary
to these Terms and Conditions of Use or applicable local, national, and international laws and regulations.
CanadianTalentFarm does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and CanadianTalentFarm expressly disclaims any and all liability in connection with
User Submissions. CanadianTalentFarm does not permit copyright infringing activities and infringement
of intellectual property rights on its Site, and CanadianTalentFarm will remove all User Submissions if
properly notified that such User Submission infringes on another's intellectual property rights.
CanadianTalentFarm reserves the right to remove User Submissions without prior notice.
6. Account Termination
CanadianTalentFarm will terminate a user's access to the Site if, under appropriate circumstances, they
are determined to be a repeat infringer. CanadianTalentFarm reserves the right to decide whether a User
Submission is appropriate and complies with these Terms and Conditions of Use for violations other than
copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or
excessive length. CanadianTalentFarm may remove such User Submissions and terminate a user's
access for uploading such material in violation of these Terms and Conditions of Use at any time, without
prior notice and at its sole discretion.
7. Copyright Infringement Protection
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, please provide CanadianTalentFarm with the
following information:
(a) a description of the copyrighted work or other intellectual property that you claim has
been infringed;
(b) a description of where the allegedly infringing material is located on the Site, with enough
detail that we may find it;
(c) your address, telephone number, and email address;
(d) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
(e) a statement by you that the above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf; and
(f) a physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest. This signature must be witnessed by
another individual of legal age. Please clearly print the name of the witness on your
notice.
Your signed notice should be mailed to:
Apartment # 707, 438 Seymour Street
Vancouver, BC, Canada
V6B 6H4
Attention: Joel Levy
8.Internet Communications The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or
alteration of communication. CanadianTalentFarm is not liable for any damages resulting from the
transmission, interception or corruption of communications to or from the Site.
9. Liability Disclaimer
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS"
AND IN GOOD FAITH BY CANADIANTALENTFARM. CANADIANTALENTFARM DOES NOT MAKE
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION
TO ALL OR ANY PART OF THE SITE OR THE CONTENT AND ALL WARRANTIES AND
REPRESENTATIONS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
CANADIANTALENTFARM DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE
OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, NOTHING ON THE SITE
CONSTITUTES ADVICE, NOR SHOULD THE SITE, OR ANY PART THEREOF, BE RELIED UPON IN
MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW,
CANADIANTALENTFARM HEREBY DISCLAIMS ALL LIABILITY (HOWSOEVER ARISING) IN
CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY
USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE SITE OR THE CONTENT, OR ANY
ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE
FOREGOING.
CANADIANTALENTFARM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnity
You agree to indemnify, defend and hold harmless CanadianTalentFarm and each of its officers,
directors, employees, affiliates and other related entities, agents, representatives, successors and
assigns from and against any claims, actions or demands, including without limitation, legal and
accounting fees arising from your use of or connection to the Site, any violation of the Terms and
Conditions of Use by you, any claim that one of your User Submissions caused damage to a third party or
any violation of applicable law or rights properly belonging to another party by you.
11. Privacy
CanadianTalentFarm respects the privacy and confidentiality of your personal information.
CanadianTalentFarm does not collect your personal information, except where you provide such
information in the course of using the Site. By submitting personal information to CanadianTalentFarm,
you acknowledge and agree that you have consented to the collection, use and disclosure of that
personal information as specified on any collection form. The general policies of CanadianTalentFarm
with respect to the collection, use and disclosure of personal information are reflected in
CanadianTalentFarm's privacy policy, found at http:// [NTD: INSERT LINK TO PRIVACY POLICY] (the
"Privacy Policy") and any questions in that regard may be directed to CanadianTalentFarm's privacy
officer (as identified in the Privacy Policy). Should CanadianTalentFarm change its Privacy Policy, the
revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.
12. Submission of Ideas and Suggestions
CanadianTalentFarm is always modifying the Site and developing new features. If you have ideas or
suggestions regarding improvements or additions, CanadianTalentFarm would like to hear them, provided
any submission will be subject to the Terms and Conditions of Use. Under no circumstance shall any
disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of
compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have
in the idea or suggestion and are representing and warranting to CanadianTalentFarm that the idea or
suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that
CanadianTalentFarm is free to implement the idea or suggestion if it so desires, as provided or as
modified by CanadianTalentFarm, without obtaining permission or license from any third party.
13. Third Party Sites
The Site may include links to third party websites which are not controlled or maintained by
CanadianTalentFarm. Any such links are included solely for your convenience and are not an
endorsement by CanadianTalentFarm of the sites linked to, nor does CanadianTalentFarm have any
control over the content of any such sites. You acknowledge and agree that CanadianTalentFarm shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with any use of, or reliance upon, any content, goods or services available on or
through any such third party websites.
14. Cookies and Web Beacons
To enhance your experience with the Site, CanadianTalentFarm reserves the right to use "cookies"
("Cookies"). Cookies are text files we place in your computer's browser to store your preferences.
Cookies, by themselves, do not tell CanadianTalentFarm your e-mail address or other personal
information unless you choose to provide this information to CanadianTalentFarm. However, once you
choose to furnish the Site with personal information, this information may be linked to the data stored in
the Cookie.
CanadianTalentFarm uses Cookies to understand Site usage and to improve the content and offerings on
the Site. For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize
you by name when you return to the Site), or save your password in password-protected areas. We also
may use Cookies to offer you products, programs, or services.
"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour
and collect data about the visitors viewing a web page. For example, web beacons can be used to count
the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We
may use web beacons on this Site from time to time for this and other purposes.
15. Changes to Terms and Conditions of Use
CanadianTalentFarm reserves the right to modify, add to, delete from, alter or update the Terms and
Conditions of Use (each a "Change") without notice at any time. Any Changes will be posted to this
page and it is your responsibility to ensure that you are aware of any such Change from time to time.
Changes will become effective 24 hours after they are first posted and you will be deemed to have
accepted any Changes if you continue to access the Site after that time.
16. Governing Law
The Terms and Conditions of Use shall be deemed to have been made and performed exclusively in
British Columbia and shall be governed by and interpreted in accordance with the laws of the Province of
British Columbia and the federal laws of Canada applicable therein without regard to conflict of laws
principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of British
Columbia for any claim related to the Terms and Conditions and you agree not to bring any action, suit or
proceeding against CanadianTalentFarm, its officers, directors, employees, affiliates and other related
entities, agents, representatives, successors and assigns in any jurisdiction other than British Columbia.
The Terms and Conditions of Use constitute the entire agreement between you and CanadianTalentFarm
with respect to the use of the Site. CanadianTalentFarm's failure to insist upon or enforce strict
performance of any provision of the Terms and Conditions of Use shall not be construed as a waiver of
any provision or right of CanadianTalentFarm.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED