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1 Preamble

1.1 Please read these Terms Of Use carefully before using this site. By using this site, you agree to be bound by these Terms Of Use (“Terms of Use”). If you do not agree with any of the below Terms Of Use, do not use this site.

1.2 ACTRA and its affiliated or related entities, including, without limitation, the ACTRA Performers’ Rights Society, Face to Face with Talent Incorporated, Recording Artists Collecting Society (hereinafter collectively called “ACTRA”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates.

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.

2.2 All content and material on this site, including, but not limited to images, illustrations, text, articles, documents, audio clips, and video clips, is protected by copyrights which are owned and controlled by ACTRA or by other parties that have implicitly or explicitly licensed their material to ACTRA (“Copyrights”). Material or content from this or any other web site owned, operated, licensed or controlled by ACTRA (“ACTRA’s Web Sites”) may not be copied, reproduced, sold, republished, uploaded, posted, transmitted, or distributed in any way without the express written authorization of ACTRA. Modification or use of the materials by a third party, and without the express written authorization of ACTRA, for any purpose is a violation of the Copyrights and other proprietary rights. For the purposes of these Terms of Use, the unauthorized use of any such material is prohibited and violations will be strictly enforced.

3 PRIVACY

3.1 ACTRA is committed to protecting the privacy of the users of ACTRA’s Web Sites. As a general policy, no personal information is automatically collected by ACTRA from users of its sites without the user’s consent. However, personal information that is voluntarily submitted by users may be collected and stored. For example, if a performer updates his or her profile on the ACTRAonline.ca database, this information will be stored in the ACTRA database. In addition, certain data of site users, which is not personal information, 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 that may be collected and recorded includes the type of internet browser being used by the visitor (e.g., 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). 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 personal information related to site users of this site are not collected or used by ACTRA without the user’s consent.

3.2 Personal information that may be collected with the consent of site users, for instance those who voluntarily subscribing to ACTRA’s newsletters, 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. ACTRA may also uses e-mail addresses and other personal information to contact site users who communicate directly with ACTRA, for instance by signing up for ACTRA’s newsletter. Each e-mail newsletter always contains instruction on how to unsubscribe. ACTRA is committing to safeguarding the personal information of its users and will take all reasonable steps to do so. ACTRA will retain personal information for the minimum period of time necessary to fulfill the purpose for which the information was collected, after which time it will be safely destroyed.

3.3 Many of the ACTRA web sites, including this one, may place a “cookie” in the browser files of a user’s computer. The cookie itself does not contain any personal information. Although the cookie could enable ACTRA to connect information regarding the user’s use of the 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 any site “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.

4 LINKED SITES

4.1 ACTRA, whether affiliated with sites which may be linked to this site, is not responsible for the accuracy or reliability of the content on these sites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. ACTRA does not endorse these sites or their content.

 

5 DISCLAIMER

5.1 The materials in ACTRA’s Web Sites are provided on an “as is” basis and without any warranty, representation or condition of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ACTRA disclaims all warranties, representations and conditions, whether express or implied.

5.2 The content of ACTRA’s Web Sites is provided solely for informational, entertainment and/or promotional purposes and ACTRA does not warrant or represent that this content is correct, accurate, reliable, up-to-date, or valid. To the extent that the material herein contains ACTRA’s policies, positions, views or opinions, collective or other agreements, it is your responsibility, as the user, to ensure that the content is correct, accurate or applicable.

5.3 The opinions expressed on this site are the opinions of their authors and do not necessarily reflect the opinion of ACTRA or its management.

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 sites or servers are free of viruses or other harmful components.

5.5 The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums available on this site or linked via this site  (“Forums do not represent the opinions or information of ACTRA, its management 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 through the use of ACTRA’s Web Sites.

6 SUBMISSIONS

6.1 Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted by the user will become the property of ACTRA and ACTRA shall be entitled to use the material for any type of use, for any period of time,  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 You are strictly prohibited from posting any threatening or libellous statements, e-mails, material, or other communication 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.

6.4 ACTRA is not responsible for any material posted on its Forums. You shall not submit or otherwise publish through such Forums any content which:

  • 6.4.1 libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
  • 6.4.2 infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
  • 6.4.3 violates any law, statutory or otherwise
  • 6.4.4 advocates illegal activity;
  • 6.4.5 advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively “Non-Approved Material”).

ACTRA reserves the right to remove any inappropriate, unlawful or otherwise unwanted material or content posted on ACTRA’s Web Sites for any reason, though ACTA is under no legal obligation to do so.

6.5 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 provisions.

7 JURISDICTIONAL ISSUES

7.1 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.

7.2 These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario Any action that you, any third party or ACTRA bring to enforce or in connection with this agreement or any matters related to this site shall be brought only in the Province of Ontario, and you expressly consent to the exclusive jurisdiction of  the Ontario courts.

7.3 If any provision of these Terms of Use shall be unlawful, void, invalid 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.

7.4 ACTRA’s failure or delay or enforce any of the terms or conditions set out in these Terms of Use is not a waiver of any of ACTRA’s rights under these Terms of Use.

7.5 ACTRA reserves the right to suspend any user’s access for any reason, and for any length of time, including a breach of these Terms of Use.

All content including HTML, JavaScript, photos, graphics and writing are ©2020 Copyright by the owner of the said Programs or the like or by ACTRA. All Rights Reserved. No portion of this web site may be reproduced without permission.

Any questions or issues, contact national@actra.ca.