1.3 ACTRA is an unincorporated professional Association of performers. ACTRA is also a Trade Union under Canadian Labour Law. This Website is being offered to ACTRA’s performer members as a service and to others interested in the activities, policies and news related to ACTRA.
2 TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
2.1 This site is controlled and operated by ACTRA.
3.1 ACTRA is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites – unless it is explicitly stated. For example if a performer updates his profile on the ACTRAonline.ca database this information will be stored in the ACTRA database. In addition certain non-personal information of visitors is recorded by the standard operation of ACTRA’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor’s Internet service provider (e.g., America Online, Earthlink). By having this information, web pages optimized for a particular visitor’s computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to ACTRA only when voluntarily submitted.
3.2 Personally identifiable information that may be collected in connection with visitors voluntarily subscribing to newsletters (as an example) is retained by ACTRA and not sold or otherwise transferred outside ACTRA. This information is used to better understand visitors’ use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. ACTRA may also uses e-mail addresses and other personally identifiable information to contact visitors who communicate with ACTRA. For example, we may direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
3.3 Many of the ACTRA web sites, including this one, may place a “cookie” in the browser files of a ACTRA user’s computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable ACTRA to relate a user’s use of a ACTRA site to information that the user has specifically and knowingly provided, ACTRA does not do so for any of its sites.
3.4 Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
3.5 To the extent that any of our sites accessible through the ACTRA Website has additional practices, these practices will be explained at that site.
4 LINKED SITES
4.1 ACTRA, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
5.1 The materials in ACTRA’s Web Sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ACTRA disclaims all warranties, express or implied.
5.2 The material that you read in ACTRA’s Web Sites is provided solely for informational, entertainment and promotional purposes. To the extent that the material herein contains ACTRA policies, official positions, Collective and other Agreements, it is your responsibility, as the user, to ensure that the material you use is valid (i.e. up to date, currently applicable and accurate) by reference to the printed versions of the materials – which printed materials are available from the ACTRA Local Offices in Canada. If necessary you may need to call the office to verify that the material is valid prior to relying upon same.
5.3 The opinions expressed in the various articles or the like, collected in any portion of the Website, are the opinions of their authors and not necessarily the opinion of ACTRA or its management. Any information presented here may not under any circumstances be resold or redistributed for compensation of any kind without prior written consent from ACTRA or author and proprietor of such information.
5.4 ACTRA does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that ACTRA’s Web Sites or the server that makes them available are free of viruses or other harmful components.
5.5 ACTRA does not warrant or make any representations regarding the use or the results of the use of the materials in ACTRA ‘s Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not ACTRA) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
5.6 The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of ACTRA or its content providers and ACTRA makes no representations or warranties regarding that information or those opinions. Furthermore, neither ACTRA or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in ACTRA’s Web Sites.
6.1 Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of ACTRA and ACTRA shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised.
6.2 When you submit material to ACTRA’s Web Sites, you agree that ACTRA has the right to publish the material for any type of use as outline above including informational, promotional and advertising purposes.
6.3 ACTRA is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which:
- 6.3.1 libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
- 6.3.2 infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
- 6.3.3 violates any law, statutory or otherwise
- 6.3.4 advocates illegal activity;
- 6.3.5 advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively “Non-Approved Material”).
6.4 You agree to indemnify ACTRA and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
7 E-MAIL AND POSTINGS RECEIVED
7.1 You are strictly prohibited from posting any threatening or libellous e-mails or material on this site that would be considered a violation of any law. ACTRA will fully cooperate with any law enforcement authorities or court order requesting or directing ACTRA to disclose the identity of anyone posting any such e-mails or materials.
8 JURISDICTIONAL ISSUES
8.1 This site is controlled and operated by ACTRA from its offices within the Province of Ontario, Canada. ACTRA makes no representation that materials in ACTRA’s Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8.2 This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario or Dominion of Canada, as the case may be, as it is applied to agreements entered into and to be performed entirely within such Province or County. Any action you, any third party or ACTRA bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the Province of Ontario, and you expressly consent to the jurisdiction of said courts.
8.3 If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by ACTRA.
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