Peterborough Musicfest Terms and Conditions of Use
1. Terms and Conditions
Please review the following terms and conditions (the “Terms and Conditions”) carefully as they represent a legally binding agreement between the provider of this www.ptbomusicfest.ca website (this “Site”), Peterborough Musicfest (“Musicfest”), and you. By using this Site, you agree on your own behalf, and on behalf of any entity for which you may act, to accept and be bound by the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, please do not browse or use this Site. Musicfest has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Condition at any time and from time to time. Your continued use of this Site after such changes are posted will constitute acceptance of those changes.
2. Copyright and Acceptable Use
All materials presented on this Site, including without limitation, text, graphic elements, images, logos, button icons, audio files, video files, HTML code, XML code, and software (collectively, the “Content”) are protected by copyright, trademark and other laws, and are the exclusive property of Musicfest, unless otherwise noted.
Unless otherwise indicated, the Content on this Site has been posted for the purpose of making it readily available for personal and public non-commercial use. The Content may be reproduced, in whole or in part, without charge or further permission from Musicfest, provided that:
- Musicfest is identified as the source of the Content;
- The Content is reproduced without any changes or modification whatsoever; and
- No charges are made for the use of the Content.
Permission must be obtained from Musicfest if any of the Content is to be reproduced in whole or in part for commercial uses.
Notwithstanding the foregoing, this Site may from time to time reference or display material such as logos, images, trade-marks or trade names of third parties. The reference or display on this Site of logos, images, trade-marks or trade names of third parties does not convey to any entity any license or other rights to those logos, images, trade-marks or trade names and any unauthorized use of them is strictly prohibited.
3. Web Analytics
Web analytics is the collection, analysis, measurement, and reporting of data about web traffic and visits for purposes of understanding and optimizing web usage and for no other purposes. When your computer requests the Site, certain types of information is collected such as:
- Network location and the Internet Protocol address of the computer you use to contact the Site;
- Type of browser you used;
- Type of operating system you used (Windows, Mac OS, etc.)
- Date and time you accessed the Site;
- Pages you have accessed on the Site;
- Internet address of the web site from which you linked directly to the Site; and
- Hyperlinks on the Site that you clicked on.
Musicfest uses Google Analytics reporting services to improve its website by looking at trends and patterns generated from aggregated anonymous data. We do not collect, disclose or sell any individual specific information to any one.
4. Disclaimer
You acknowledge and agree that your access and use of this Site and the Content is entirely at your own risk and liability.
To the maximum extent permitted by law, Musicfest does not warrant the quality, accuracy, timeliness or completeness of the Content on this Site and such information is provided “as is” without warranty of condition of any kind.
The Content presented on this Site, including without limitation any tools, calculators or quizzes, is provided as general information only, and should not be considered professional advice in any way. You should not act or abstain from acting based on any Content available on this Site. Access to third party websites through this Site does not constitute an affiliation or endorsement of these sites or their operators by Musicfest. To the maximum extent permitted by law, Musicfest does not warrant the quality, accuracy, timeliness or completeness of any information on any web site that can be accessed through this Site.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUSICFEST AND ITS DIRECTORS, OFFICERS, MEMBERS, AGENTS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS AND LICENSORS (COLLECTIVELY, THE “MUSICFEST PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING FROM THE USE OF OR OF THE INABILITY TO USE THIS SITE, EVEN IF ANY OF THE MUSICFEST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MUSICFEST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING FOR NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS THIS SITE, IF ANY. IN NO EVENT SHALL A MUSICFEST PARTY BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE FROM THIS SITE.
6. Additional Terms of Use
Certain areas of this Site may be subject to additional terms of use where indicated. By using such areas, or any part thereof, you agree to also be bound by the additional terms of use applicable to such areas, as well as to all of the other terms and conditions set out herein.
7. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, and any dispute arising hereunder shall be resolved exclusively by the courts in the Province of Ontario.
8. General
The Terms and Conditions constitute the entire agreement between Musicfest and you with respect to the subject matter hereof and supersedes all communications, representations or agreements, either oral or written, between Musicfest and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or a portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. Musicfest’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right at any time.
Last updated: November 13, 2024