TERMS OF USE

THE DETAILS
Welcome to the website of Banff Tourist TV ("BTTV") an intellectual property of Alta CineVision Incorporated. Banff Tourist TV provides you access to the albertatouristtv.com website, or any other websites owned by Alta CineVision Incorporated (collectively, "Site"), and the information and other materials available on and through the Site, are subject to your compliance with the terms and conditions set forth below ("Terms of Use"). Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing our Site, you accept without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our Privacy Policy, and constitutes a legally binding contract between you and Alta CineVision Incorporated. Alta CineVision Incorporated respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by Banff Tourist TV ("BTTV") of Alta CineVision Incorporated, please refer to our Privacy Policy.


REGISTRATION
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Banff Tourist TV ("BTTV") of Alta CineVision Incorporated has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Banff Tourist TV ("BTTV") of Alta CineVision Incorporated has the right to suspend or terminate your account, and refuse any and all current or future use of the Site (or any portion thereof).

You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Banff Tourist TV ("BTTV") of Alta CineVision Incorporated of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Banff Tourist TV ("BTTV") of Alta CineVision Incorporated will not be responsible or liable for any loss or damages arising from or in connection with your failure to comply with this requirement.

ALTA CINEVISION INCORPORATED’S INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENCE

All text, graphics, multimedia content or other material that you see or read on this website and all related code (the "Materials") is owned or being used with permission by Banff Tourist TV ("BTTV") of Alta CineVision Incorporated, and may not be used, except as provided in these Terms of Use. You may download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials, and do not modify the Materials in any way. You may not modify, re-use, re-post, or use the Materials for public or commercial purposes, without Banff Tourist TV ("BTTV") of Alta CineVision Incorporated’s written permission. Without limiting the foregoing, you agree not to use the Materials for any other use or purpose. You further agree that you will not, and will not attempt to copy or distribute the Materials, in whole or in part, to any other party unless specifically permitted by Banff Tourist TV ("BTTV") of Alta CineVision Incorporated or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited licence, revocable at Banff Tourist TV ("BTTV") of Alta CineVision Incorporated's discretion, granted hereunder.
COPYRIGHT & TRADEMARKS & SERVICE MARKS OF OTHER PARTIES

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Alta CineVision Incorporated. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material. Third-party content providers own the copyright in content that is original to them. "Banff Tourist TV", the "Banff Tourist TV logo", “BTTV” as well as other marks that may appear on the Site ("Marks"), are the service and trademarks of Alta CineVision Incorporated. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Alta CineVision Incorporated’s written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by other Federal and Provincial intellectual property laws, and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Alta CineVision Incorporated.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading ant Material. The use of the Material on any other web site is prohibited.


LINKS & OTHER SITES

This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Alta CineVision Incorporated has no control over such sites and resources, you acknowledge and agree that Alta CineVision Incorporated has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Alta CineVision Incorporated of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. Alta CineVision Incorporated does not author, edit or monitor these pages or links. You further acknowledge and agree that Alta CineVision Incorporated is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.

We reserve the right to disable links to and from this Site.

Banff Tourist TV ("BTTV") of Alta CineVision Incorporated through Alta CineVision Incorporated hereby grants you a non-exclusive, limited license, revocable at Alta CineVision Incorporated 's discretion, for you to link to Banff Tourist TV's home page from any site you own or control that is not commercially competitive to Alta CineVision Incorporated’s Banff Tourist TV ("BTTV"), and does not criticize or otherwise injure Alta CineVision Incorporated, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws, and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated. All of Alta CineVision Incorporated’s rights and remedies are expressly reserved.

INFRINGEMENT COMPLAINTS

Alta CineVision Incorporated respects others' intellectual property rights, and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Alta CineVision Incorporated directly makes available on the Site, and we ask our users to do the same. Alta CineVision Incorporated may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by Alta CineVision Incorporated, our users or any other party, is infringing, please contact Alta CineVision Incorporated at the e-mail address below. Alta CineVision Incorporated has a designated agent to receive copyright infringement claims.

You may notify Alta CineVision Incorporated of alleged intellectual property rights infringement by contacting us at legal@albertatouristtv.com.

DO NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT. All other correspondence should be sent to info @albertatouristtv.com.

If your notification involves infringement of copyright, intellectual property and/or trademark rights, please include the following information in your notice:

  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.


USER CONDUCT & SUBMISSIONS

While we are looking forward to receiving your materials when we specifically ask for them, it is our company policy not to accept or consider content, information, ideas, suggestions or other materials ("Submitted Materials") other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any communication or Submitted Material you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Alta CineVision Incorporated does not claim ownership of any communication or material you submit or make available for the Site, and you are entirely responsible for everything you upload, post, e-mail or otherwise make available on the Site; provided, however, that by uploading, posting, e-mailing or otherwise making available any communications or Submitted Material on the Site, you hereby irrevocably grant Alta CineVision Incorporated a worldwide, royalty- free, fully paid, restriction free perpetual license from the date you provide us with your Submitted Material to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language and by any means or manners now or hereafter developed. Further, you hereby grant Alta CineVision Incorporated an option to acquire the right to broadcast, exhibit or otherwise distribute the Submitted Material in all media throughout the world in perpetuity (the "Option"), which Alta CineVision Incorporated may exercise at any time from the date you provide us with Submitted Material. You also agree that Alta CineVision Incorporated may disclose any of same, or any part thereof, to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce Alta CineVision Incorporated 's rights, to analyze or respond to third party claims or generally protect Alta CineVision Incorporated and its users. Furthermore, Alta CineVision Incorporated is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized Alta CineVision Incorporated signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion. Alta CineVision Incorporated has no obligations to post or otherwise make use of any Submitted Materials.

You may not post, upload or transmit to the Site, or to the Alta CineVision Incorporated servers, any communications, text, graphics or other information or Materials that: (1) is unlawful, obscene, fraudulent, indecent or that defames, abuses, harasses, or threatens others, or is hateful, or racially, ethnically or otherwise objectionable; (2) contains any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, provincial, national or international law. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Site and then only for the purposes consistent with the limited license hereunder and these Terms of Use. You agree not to, or attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Site; not to data mine the Site and not to in any way cause harm to or burden the Site. You agree that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail or chat, without Alta CineVision Incorporated’s express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Alta CineVision Incorporated with respect thereto. You further agree not to use the Site, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CURRENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.

IN ADDITION, ALTA CINEVISION INCORPORATED DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

UNDER NO CIRCUMSTANCES WILL QUANTUM SHIFT BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Banff Tourist TV (BTTV) OF ALTA CINEVISION INCORPORATED, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE) IS TO STOP USING THE SITE.

GOVERNING LAW & JURISDICTION

This Site is controlled by us from our offices within the Province of Alberta, Canada, and is intended for users who reside within North America. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws.

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard or giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions of use shall be filed only in the provincial or federal courts Calgary, Alberta, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to Alta CineVision Incorporated or their site will be resolved individually, without resort to any form of class action.

English shall be the language of this Site, and all transactions occurring in connection with this Site, and the parties waive any right to use and rely upon any other language, or translations.
Tous les partis desirent exprimer leur volonte que le present site et les affaires qui s’y rapportent soient redigees en Anglais, exception faite des documents pour lequels la loi exige l’usage exclusive du Francais.

NO SOLICITATION

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

INDEMNITY

You irrevocably agree to indemnify and hold Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated, and the Released Parties harmless from any claim or demand, including reasonable solicitor and his own client fees, made by any third party, arising out of or in connection with, the Submitted Materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.

EQUIPMENT

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.


DISTRIBUTION LIMITATION & TERRITORIAL RESTRICTIONS

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated to any registration requirement within such jurisdiction or country. This Site is controlled and operated by Alta CineVision Incorporated from its offices within the Province of Alberta, Canada, and Alta CineVision Incorporated makes no representation that materials in the Site 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 risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any Province, other than Alberta, Canada, by Alta CineVision Incorporated.

WAIVER

Any delay or failure on the part of Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT; MODFICATION & TERMINATION

Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Banff Tourist TV ("BTTV") of Alta CineVision Incorporated and Alta CineVision Incorporated shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Alta CineVision Incorporated may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Alta CineVision Incorporated believes that you: (1) have breached these Terms of Use or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that Alberta Tourist TV ("BTTV") of Alta CineVision Incorporated or Alta CineVision Incorporated is unable to verify or authenticate; (4) uploaded or transmitted unauthorized Submitted Materials to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

Alta CineVision Incorporated reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by Alta CineVision Incorporated. Any change or modification made by Alta CineVision Incorporated will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Alta CineVision Incorporated. You should therefore periodically visit this page to review the most recent Terms of Use.

By accessing the Website and/or by clicking the "I HAVE READ AND AGREE TO THE TERMS OF USE" button, you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.

Effective Date: March 3, 2007

Last Revised: April 12, 2008 Alta CineVision Incorporated

© Banff Tourist TV 2008 All rights reserved   ·   Privacy Policy   ·   Terms of Use   ·   Website by: Ryan Fyfe