TERMS OF USE
By accessing the IATSE Local 118 website, which includes, for purposes of the Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site.
IATSE Local 118 may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use this website following our posting of such changes, you agree to be bound by the Terms of Use, as modified.
The terms “you” and “User” and “Member” as used herein refer to all individuals and/or entities accessing this website for any reason.
1. Eligibility
By accessing the IATSE Local 118 website, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are above the age of 13, as the IATSE Local 118 website is not intended for children under 13. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.
2. IATSE Local 118 Permissions and Restrictions
IATSE Local 118 hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that:
(a) You do not collect any personally identifiable information of others, including user names or email addresses, from the website.
(b) You may not use any of the IATSE Local 118 websites in violation of any applicable law or regulation.
(c) You do not use the website for any commercial purposes without the prior written authorization of the IATSE Local 118. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.
(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any IATSE Local 118 site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. IATSE Local 118 will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the website in a manner that sends more request messages to the IATSE Local 118 servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, IATSE Local 118 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. IATSE Local 118 reserves the right to revoke these exceptions either generally or in specific cases.
(f) You do not alter or modify any part of the website.
(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the website or its communication systems.
(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libellous or inflammatory, as solely determined by IATSE Local 118.
(i) IATSE Local 118 reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.
(j) IATSE Local 118 reserves the right to suspend or terminate a user’s access to the website, without prior notice and at IATSE Local 118’s sole discretion.
(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.
3. User Accounts
In order to access some features of the website, such as, for example, interactive blogs, you have to become a registered user. As a user, you agree to be bound by the following terms:
(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any content that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you. You must notify IATSE Local 118 immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
(b) As a user, you may submit comments on various IATSE Local 118 discussions or other material (collectively, “User Content”) to the website. IATSE Local 118 reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. IATSE Local 118 also reserves the right to suspend or terminate a user’s access for posting User Content.
(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by IATSE Local 118 for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing User Content to IATSE Local 118, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize IATSE Local 118 to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Use. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful or is potentially libellous or inflammatory or racially, ethnically or otherwise objectionable. IATSE Local 118 reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of IATSE Local 118.
(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to IATSE Local 118, you hereby grant IATSE Local 118 a worldwide, nonexclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of IATSE Local 118, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of IATSE Local 118 website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give IATSE Local 118 the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for IATSE Local 118 in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of IATSE Local 118 website a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that IATSE Local 118 may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the website. The above licenses granted by you are perpetual and irrevocable.
(e) IATSE Local 118 does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and IATSE Local 118 expressly disclaims all liability in connection with User Content. IATSE Local 118 does not permit copyright infringing activities and infringement of intellectual property rights on its website, and IATSE Local 118 reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on another’s intellectual property rights.
4. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on IATSE Local 118 website.
(a) The content on the website (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “ IATSE Local 118 Content”) is owned by or licensed by the IATSE Local 118. Similarly, the trademarks, service marks and logos contained on the website are owned or licensed by the IATSE Local 118 (“ IATSE Local 118 Marks”). Except as otherwise provided in these Terms of Use, IATSE Local 118 Content and IATSE Local 118 Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of the IATSE Local 118. IATSE Local 118 reserves all rights not expressly granted in and to the IATSE Local 118 Content and IATSE Local 118 Marks.
(b) The website is made available for your personal use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal uses that are reasonably related to the website’s purposes.
(c) You understand that when using the IATSE Local 118 website, you will be exposed to IATSE Local 118 Content, User Content and other third-party content from a variety of sources, and that IATSE Local 118 makes no warranty about the accuracy, usefulness, safety or intellectual property rights of or relating to such IATSE Local 118 Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IATSE Local 118 with respect thereto.
(d) The website may contain links to third-party websites that are not owned or controlled by IATSE Local 118. IATSE Local 118 has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. We encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.
5. Disclaimer of Warranty
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE IATSE Local 118 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IATSE Local 118, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ IATSE Local 118 PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE IATSE Local 118 PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. NOR DO THE IATSE Local 118 PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE IATSE Local 118 PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IATSE Local 118 WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
6. Limitation on Liability
IN NO EVENT SHALL THE IATSE Local 118 PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE IATSE Local 118 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IATSE Local 118 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE IATSE Local 118 PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.
7. Indemnity
You agree to defend, indemnify and hold harmless the IATSE Local 118 Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the IATSE Local 118 website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the IATSE Local 118 website.
8. Miscellaneous
These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of British Columbia and Canada, without respect to its conflict of laws principles. Any claim or dispute between you and IATSE Local 118 that arises in whole or in part from the IATSE Local 118 website shall be decided exclusively by a court of competent jurisdiction located in British Columbia, Canada.
These Terms of Use and Privacy Policy, together with any other legal notices published by IATSE Local 118 on the website, shall constitute the entire agreement between you and the IATSE Local 118 concerning the IATSE Local 118 website and supersedes prior agreements, if any, between you and IATSE Local 118 relating to any matter dealt with in these Terms of Use and Privacy Policy. If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and the IATSE Local 118’s failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the IATSE Local 118 without restriction. These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of these Terms of Use and Privacy Policy.
You and IATSE Local 118 agree that any cause of action arising out of or related to the IATSE Local 118 website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use are made effective as of April 28 2020.