Terms of use

Website Terms and Conditions

        I. User Agreement

The materials on www.bar-far.ca (the “website”), which may include text, images, audio clips, video clips, software and other materials (the “content”), are provided by the Broadcasting Accessibility Fund Inc. (the “Fund”) for informational purposes only. By accessing the website or downloading any content, you agree to be bound by the terms and conditions set out below (the “Terms and Conditions”). Please review them carefully before using this website. If you do not agree to these terms and conditions, do not access the website or download any content.

        II. Changes to Terms and Conditions or Website

The Fund may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions, without any notice or liability to you or any other person, by posting revised Terms and Conditions on this website. Your continued use of this website signifies your acceptance of such revised Terms and Conditions. It is your responsibility to check back frequently to read the most recent version of these Terms and Conditions.

The Fund reserves the right to change or remove any content from the website, in whole or in part, at its sole discretion, at any time, without notice.

        III. Use of site

Neither this website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Fund, except that you may download, display and print the content presented on the Fund for your personal, non-commercial use only. Unauthorized use of this website and/or the content contained therein may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this website any infringing, unlawful, threatening, libellous, defamatory, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

This website is not intended for use by children under the age of 13. Use of this website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to the Fund and without any liability whatsoever, the Fund at any time and without notice may terminate or restrict your access to any component of the Fund.

        IV. General Disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, the Fund makes no representations or warranties of any kind, express or implied, regarding the Fund and/or any content provided on this website, all of which are provided on an “as is” and “as available” basis. The Fund does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of this website, or any of the content or data found on this website, and expressly disclaim all warranties and conditions in respect of this website, its content or data, including implied warranties and conditions.

The Fund is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Fund assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any materials, data, text, images, video or audio from this website.

In no event shall the Fund be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of this website or content found herein, the operation of the web site, or any failure or delay in the operation of the website even if advised of the possibility of damages.

If, notwithstanding the foregoing, the Fund should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this website or its content, the liability of the Fund shall in no event exceed in the aggregate $300 CAD.

        V. Indemnification

You shall indemnify and save harmless the Fund and its respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this website.

        VI. Privacy Policy

The Fund’s Privacy Policy is a binding part of these Terms and Conditions. It is your responsibility to ensure you have read the Privacy Policy. You consent to the collection, use and disclosure of your personal information by the Fund in accordance with the terms of and for the purposes set forth in the Fund’s Privacy Policy.

        VII. Copyright

This website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of the Fund, and are protected under the copyright laws of Canada and other countries. None of the content found on this website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Fund.

The Fund and all related Fund trademarks and design marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of the Fund. Other trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Fund or such other party that may own the applicable trademarks.

        VIII. Feedback

The Fund enables visitors to this website to provide the Fund with feedback by e-mail or otherwise (“Visitor Content”). If you provide Visitor Content you grant the Fund a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Visitor Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Visitor Content. You also grant the Fund the right to use the name you submit with the Visitor Content, if any, in connection with the Fund’s rights hereunder.

Your e-mail or any other personal information you provide in connection with your feedback may be used to contact you regarding this information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.

       IX. External Links

This web site contains links to web sites owned or operated by other entities which are not associated or affiliated with the Fund. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Fund of the linked web site or information contained therein or of their security or privacy practices. The Fund shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of this website or any of its content in any form and by any method is strictly prohibited.

        X. Governing laws

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of this website and these Terms and Conditions.

        XI. Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

        XII. Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

        XIII. Entire agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the Fund as set forth above.

        XIV. English language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.