Terms of Use

Welcome to VUCAVU! We are an online video streaming and research platform that was developed and is managed by the Canadian Coalition of Independent Media Art Distributors (“CCIMAD”). VUCAVU’s purpose is to support the distribution and dissemination of creative content locally, nationally and internationally.

These Terms of Use (“Terms”, “Terms of use”), which include our Privacy Policy govern your relationship with www.vucavu.com and www.vucavu.ca websites operated by CCIMAD (“us”, “we”, “VUCAVU”, or “our”). 

Through the use of VUCAVU and the use of VUCAVU’s Website and Platform, you have access to a variety of resources and content. These include: Web pages, videos, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press release, white paper and product data sheets (“Materials”). Materials, and other information, content and services are collectively referred to as “VUCAVU Services” or “Services”. Those Services include, but are not limited to, video streaming, advertising, media placement and promotion of creative content.

THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN YOU (“You” or “Your”) AND VUCAVU AND GOVERNS YOUR USE OF VUCAVU SERVICES. Subject to your acceptance and adherence to these Terms of use, VUCAVU hereby grants you permission to access and use the VUCAVU Services as set forth herein.

Please read these Terms of Use as well as our Privacy Policy carefully before using VUCAVU Services. 

By using, visiting, or browsing the VUCAVU Services, you accept and agree to these Terms of use and confirm that you are at least 18 years old or over the age of majority in the jurisdiction in which you reside. If you do not agree with these Terms or if you are under the age of 18 or under the age of majority in which you reside, do not use the VUCAVU Services.

REQUIREMENTS FOR USE OF THE VUCAVU SERVICES

Full use of the VUCAVU Services requires a mobile device, computer, computing device and/or platform with Internet access. The software needed to access the VUCAVU Services may require periodic updates to maintain the availability of VUCAVU Services. The use of VUCAVU Services may be affected by the performance of the Internet connection, the mobile device, computer, computing device and/or platform, other third party accessories, software and devices. The VUCAVU Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access the VUCAVU Services.

ACCOUNT, FREE TRIALS, BILLING & CANCELLATION

Account

In order to access some features of VUCAVU Services, you will have to create an account.

When you create an account for our Services, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account for VUCAVU Services. 

There are 3 types of accounts at VUCAVU:

• (i) PUBLIC PPV ACCESS
• (ii) PUBLIC MONTHLY SUBSCRIPTION ACCESS
• (iii) CURITORIAL ACCESS FOR RESEARCH PURPOSES

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. It is your responsibility as account holder to monitor the use of your account and to prevent the use of it by any under 18 years old person.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

Free trial

Your VUCAVU membership may offer free trials and VUCAVU reserves the right to determine your free trial eligibility in its absolute discretion.

We will begin billing you for your membership at the end of the free trial period of your membership unless you cancel it before the end of the free trial period, if such free period applies to you.

When your free trial period has ended, you will not receive a notice from us. Visit your account to find cancellation instructions.

Billing

Payment for the usage of VUCAVU Services is on a “pay per use” basis and the price of each item will be identified. There is no possibility of refund, return or exchange of anything you buy on our Website.

Payments are done through a third party payment service called Beanstrean and are directly transferred to them. We do not collect any credit card information from you on VUCAVU’s servers.

We strongly advise you to read the terms and conditions and privacy policies of Beanstream prior to using their services at www.beanstream.com.

Cancellation

You may cancel your VUCAVU membership at any time. To cancel, go to your account page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close.

VUCAVU SERVICES

You must be 18 years of age, or the age of majority in your province, territory or country to become a member of VUCAVU.

The VUCAVU Services, and any content viewed through our Services, are for your personal, non-educational and non-commercial use only. During your VUCAVU membership, we grant you a limited, non-exclusive, non-transferable license to access the VUCAVU Services and view videos through our Services on a streaming-only basis for that purpose.

The Services can be used to make decisions about future purchases for commercial use that are not streamed from vucavu.com or vucavu.ca. The Services can also be used to preview VUCACU Services to make orders to purchase higher quality Materials directly from the Distributor.

You cannot use our Services for public performances without our prior written consent. Public performances include but are not limited to classroom viewing, teaching purposes, theater use, festival screening and/or broadcast.

The content available on the VUCAVU Services will vary by geographic location and VUCAVU will use technologies to verify your geographic location.

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. VUCAVU reserves the right to update and change the Terms of use at any time without notice. All future services deployed by VUCAVU are also subject to these Terms of use. By continuing to use our services after any change to the Terms of use you are automatically consenting to the updated version of the Terms of use. A link to the most recent version of the Terms of use is available on VUCAVU’s Website, and we will indicate the date of the latest modification at the top of the Terms of use.

COMMUNICATION PREFERENCES

By using the VUCAVU Services, you consent to receiving communications from VUCAVU relating to your account via email or other methods, such as emails sent to the email address you provided for the creation of your account and notices related to your account. You also consent to receiving other communications from us, such as newsletter, promotional announcements and special offers via email or other methods.

If you no longer want to receive certain communications from VUCACU, simply go to the your account page to manage your VUCAVU communications. 

INTELLECTUAL PROPERTY

VUCAVU Services, VUCAVU’s Website and all contents, including but not limited to text, images, graphics or code are the property of CCIMAD and are protected by copyright, trademarks, database and other intellectual property rights.

You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of VUCAVU Services. You may display and copy, download or print portions of the material from the different areas of the Services only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws.

These Terms do not grant you a license to use any trademark of VUCAVU or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

For any additional information regarding our intellectual property or copyright, please contact us at copyright@vucavu.com.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless VUCAVU, its principals, officers, directors, representatives, employees, shareholders, investors, contractors, licensors, licensees, suppliers and agents, from and against any and all claims, losses, damages, losses, obligations, costs, debts, expenses (including but not limited to attorney’s fees) actions or demands.
These include but are not limited to:

• (i) legal and accounting fees resulting from your use of the Services;
• (ii) your breach of any of these Terms;
• (iii) anything you publish on or upload to the Services, including but not limited to User Content;
• (iv) any activity related to your account.

This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.

We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

VUCAVU its principals, officers, directors, representatives, employees, shareholders, investors, contractors, licensors, licensees, suppliers and agents shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from

• (i) your access to or use of the Services;
• (ii) your inability to access or use the Services;
• (iii) any conduct or content of any third-party on or related to the Services;
• (iv) any content obtained from or through the Services; and
• (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER AND NON-WAIVER OF RIGHTS

VUCAVU makes no guarantees, representations or warranties of any kind regarding the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. 

VUCAVU its subsidiaries, affiliates, and its licensors do not warrant that

• (i) the Services will function uninterrupted, secure or available at any particular time or location;
• (ii) any errors or defects will be corrected;
• (iii) the Services is free of viruses or other harmful components; or
• (iv) the results of using the Services will meet your requirements.

If you breach any of these Terms and VUCAVU chooses not to immediately act, or chooses not to act at all, VUCAVU will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. VUCAVU does not waive any of its rights. VUCAVU shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

DISCLAIMER - CONTENT

VUCAVU SHALL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR THE CONTENT OR INFORMATION THAT OTHERS POST AT OR TRANSMIT TO THE VUCAVU SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY CONTAINED IN ANY SUCH INFORMATION, OR FOR THE CONDUCT OF ANY VUVACU USER.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VUCAVU’S WEBSITE AND VUCAVU’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

EXCLUSIONS 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

THIRD PARTY SERVICES

The Services may contain links to third-party Websites or services that are not owned or controlled by VUCAVU. 

VUCAVU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or services. You further acknowledge and agree that VUCAVU shall not be 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 or through any such websites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

DISPUTES

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. 

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

If you have any questions about these Terms, please contact us at info@vucavu.com