Website Terms and Conditions of Use
Effective: November 12th 2020
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Acceptance of the Website Terms and Conditions of Use
These website terms and conditions of use for locationbase.ca (the “Website”) constitute a legal agreement and are entered into by and between you and Location Fixer Productions Ltd. (“Location Base,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website.
We don’t charge you for the initial phases of handling your inquiry (e.g. contacting the location owner, arranging site visits, supplying images, answering queries etc). At the point of confirmation, we take a percentage that has been pre-agreed with the location owner for the total hire fee.
We reserve the right to change the booking fee at any time, and will provide notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
All location booking is subject to contract, and the Owner reserves the absolute right to refuse the booking without giving a reason. You must exhibit on demand proof of Commercial Insurance prior to entering the Premises for the purposes of the Shoot.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website (itself), may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
The Website is an online listing service that enables users to search for and book locations that can be used for legal activities that the location owners will permit under a separate agreement. Such activities may include filming and photoshoots and other ancillary purposes connected to filming and photoshoots such as preparatory work, rehearsal and more. The content on the Website is provided for general information purposes only.
As the provider of the Website, we do not own any of the locations listed on the Website nor are we a broker of any kind or insurer. While we work hard to ensure our users have great experiences using the Website, we do not and cannot control the conduct of location owners or the users of such locations.
Although we make reasonable efforts to update the information on the Website, we undertake no obligation to update, amend or clarify information on the Website, except as required by law. Your use of the Website is at your own risk and Location Base does not have any responsibility or liability whatsoever for your use of the Website.
The Website may include content in both written and image form provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Location Base. Neither Location Base nor its directors, officers, shareholders, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors and assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Location Base, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Location Base, locationbase.ca, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Location Base or its affiliates or licensors. You must not use such marks without the prior written permission of Location Base. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use, save and except for the sole limited commercial purpose (the “Limited Purpose”) of enabling location owners and users that wish to rent, license or lease (under separate legal agreement) the locations that such owners have the legal right to rent, license or lease out for such legal activities as the location owners desire to host at or in their respective locations.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
a reasonable number of copies for personal use or the Limited Purpose only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use or the Limited Purpose, as the case may be, and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by any applicable end user licence agreement for such downloads; and
in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes, save and except the Limited Purpose, any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Location Base. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to us directly, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. Any User Submission you submit will be accurate, correct and complete.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Location Base’s sole discretion.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit will be subject to any confidentiality by Location Base. By providing any User Submission to us or to the Website, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not Location Base are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
We have the right, without provision of notice to: Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion; At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions; Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS LOCATION BASE FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOCATION BASE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER LOCATION BASE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
The owner of the Website is based in British Columbia, Canada. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Location Base makes no warranty with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents. Without limiting the foregoing, Location Base does not warrant that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mail bombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.
Limitation of liability
Location Base highly recommends that a qualified Location Manager be employed by the User to oversee the Shoot, to organise access, parking, permissions and responsible care of the Property. Responsibility for the notification of relevant authorities, and the notification of neighbours, entirely rests with the Hirer. We will not be liable for any loss or damage suffered as a result of the Hire.
Except where such exclusions are prohibited by law, under no circumstance will Location Base be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Location Base and its directors, officers, shareholders, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia or the Federal Court of Canada, as applicable, located in the City of Vancouver, and each party irrevocably submits to the exclusive jurisdiction and location of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue and location of such courts.
Reporting and Contact
This website is operated by Location Fixer Productions Ltd., located at 551 Harvey Road, Gibsons, BC V0N 1V1. All notices of copyright infringement claims should be sent to us at email@example.com . Should you become aware of misuse of the website including libellous or defamatory conduct, you must report it to Location Base at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.