MUBI ENTERTAINMENT MANAGEMENT GROUP INC.
- Your Acceptance of this Agreement
This is an Agreement between you and MUBI Entertainment Management Group Inc. (called “MUBI”), and governs your use of the MUBI and Albatross Music Festival Website and its content (collectively the “Website“). By accessing and browsing this Website you accept and agree to the terms and conditions below. The acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
- No Advice or Relationship
No professional, advisory or fiduciary relationship is created by this Agreement, the use of the Website or your communication with MUBI by e-mail or through the Website. The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; except the Albatross Music Festival.
Information transmitted to MUBI through the Website may not be secure, may not be treated as confidential, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
- Disclaimer and Liability Exclusion
MUBI DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE Website. YOUR USE OF THE Website IS AT YOUR OWN RISK. THE Website IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY MUBI TO THE FULLEST EXTENT PERMITTED BY LAW. MUBI WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE Website BY YOU OR ANY OTHER PERSON.
- Personal Information Privacy
Protecting your privacy is important to MUBI. MUBI collects, uses and discloses your personal information in accordance with the applicable law. By accepting this Agreement, and each time you use the Website, you consent to MUBI’s collection, use and disclosure of your personal information in accordance with the law and without any further notice or any liability to you or any other person.
MUBI may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information, and will do it if and as required by the applicable law.
As many other websites, the Website may automatically collect certain non-identifiable information regarding Website users, such as, but not limited to, the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the Internet address of the Website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. Your non-identifiable information may be disclosed to others and permanently archived for future use.
In addition, MUBI may use non-personal information to create aggregate tracking information reports regarding Website user demographics and Website traffic patterns. None of the tracking information in the reports can be connected to the identities or other personal information of individual users.
- Ownership and Permitted Use of the Website
Copyright © 2017 MUBI Entertainment Management Group Inc. All rights reserved. The Website, including all of its content, is the property of MUBI and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of MUBI.
- Trade-mark Information
Albatross Music Festival is a name owned by MUBI. Other product and company names and logos appearing on the Website, may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Website (collectively “Marks“), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
- No endorsement
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Websites“). Other Websites are independent from MUBI, and MUBI has no responsibility or liability for or control over Other Websites, their business, goods, services, or content.
Your use of Other Websites and your dealings with the owners or operators of Other Websites is at your own risk. No endorsement of any third party’s products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website.
- Termination of this Agreement and the Website
If you breach any provision of this Agreement, you may no longer use the Website. MUBI may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or MUBI, for any reason, this Agreement will continue to apply and be binding upon you in respect of your prior use of the Website; and MUBI may continue to use and disclose your personal information in accordance with the applicable law.
- Governing Law and Jurisdiction
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia and applicable federal laws of Canada. Any dispute between MUBI and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters, must be resolved before the Courts of the Province of British Columbia and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.
- Changes to this Agreement
MUBI may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
- Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of MUBI and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of MUBI which may be withheld in MUBI’s sole discretion. MUBI may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties to this Agreement expressly acknowledge and require that this Agreement and all other related documents be drawn up in the English language.
- Electronic Communications
During your use of the Website, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, and telephone number) for purposes such as facilitating communications with you or for applying for access to certain special features or areas of the Website.
MUBI may use your personal information to contact and correspond with you, to respond to your inquiries, and as otherwise permitted by law. Generally, MUBI will consider the fact that you have voluntarily visited the Website and have provided MUBI with contact information to signify your consent for MUBI to use your contact Information for purposes of tracking our communications with you and providing you with information such as electronic communications relating to MUBI or to the Albatross Music Festival.
If you provide your email address, MUBI may send to you, from time to time, email containing information about MUBI and other matters or events it believes will interest you. At any time you may ask MUBI to stop sending you email and other information by contacting the Webmaster.
Delivering electronic communications will not initiate any relationship between MUBI and the recipient, unless otherwise clearly indicated. Electronic communications are meant to provide access to information and knowledge of interest generally, and not with respect to your particular facts or circumstances. If an electronic communication raises any point of interest, please feel free to contact us.
- Your Comments
If you have any comments or questions about this Agreement or your personal information, please contact MUBI at the Webmaster.