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ACTRA RACS Terms of Service

Last Revised: July 15, 2020

By using or accessing the Service (as defined below), regardless of how accessed, you signify your agreement to be legally bound by these Terms of Service and our Privacy Policy (collectively, the “Policies”). If you do not agree to the Policies, you should not access or otherwise use the Service. The Policies apply to all visitors, Registered Users (as defined below) and others who access or use the Service (referred to herein as “users” or “you”).

ACTRA Performers’ Rights Society (d/b/a ACTRA RACS) (“ACTRA RACS”, “we”, “us” or “our”) is an  incorporated non-profit collective management organization.  ACTRA RACS is a division of ACTRA, the Alliance of Canadian Television and Radio Artists. The Website (as defined below) is offered to ACTRA RACS’s members as a service and to others interested in the activities, policies and news related to ACTRA RACS.

ACTRA RACS is the owner and operator of ACTRA RACS website, which includes https://actraracs.ca/ and links from that site to our membership portal. These Terms of Service (the “Terms”) govern the access or use by you of the website located at https://actraracs.ca/ (the “Website”) together with the mobile version of the website and the ACTRA RACS member portal located at https://portal.actraracs.ca (the “Portal” and collectively the Website and the Portal are the “Service”).

We reserve the right, at our discretion, to amend these Terms at any time without prior individual notice. The date on which these Terms were last amended is shown at the top. You are responsible for verifying whether any amendments have been made, so periodically check the date and review these Terms for the latest version. If you object to any amendments, please stop using the Service.  Your continued use will be taken as your consent to such amendments.

THE ACTRA RACS MEMBER PORTAL

The Portal is available only to those who have successfully completed a registration form and created an account in accordance with the below.

Registration and Account Creation

(a) In order to access the Portal you must create an account (“Account”) and become a registered user (“Registered User”). To do so, you must first complete a registration form (“Form”). Once your Form has been approved, you will receive an email containing your Portal log-in information.  

(b) When completing the Form or maintaining your Account, you agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise (“Registration Information”); (ii) maintain and update your Registration Information and other any required information to keep it accurate, current and complete; and (iii) verify that the agent and manager identified on your Form are your authorized agents, and by naming them you authorize them to access your Account and administer it on your behalf.  IMPORTANT: Actions taken by the agent and manager named in your Account will be binding upon you, and any disputes you may have related to any such actions must be resolved directly between you and your agent or manager.

(c) The Platform may permit you to update or change certain personal or financial information and to make certain elections. Some changes may require our approval or we may request further information before implementing the change. You acknowledge and agree that it is your responsibility to submit your information and to verify the accuracy and completeness of all such information. We do not review the accuracy or completeness of the information you submit.

(d) You must not provide information that is inaccurate or impersonates any other person, that is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements specified in these Terms. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You will be responsible for the confidentiality and use of your username and password.

(e) Your Account is personal to you, and you cannot transfer your Account to any other person, or permit anyone to use the Account.  The agent and manager you name on the Form will be granted access to your Account and be designated your authorized agent empowered to make binding decisions on your behalf. You may not use the Account, username, or password of anyone else at any time. Do not disclose your login details to anyone other than your agent and manager, who you trust and have authorized to act on your behalf. You are bound by any action taken on your Account using your credentials.  Please immediately notify us if you discover any unauthorized use of your Account or any other breach of security, or any suspicion of such unauthorized use of your Account. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your account. If you make a change to or terminate your relationship with your agent or manager, you must notify us immediately at racs@actra.ca. Changes to your Account may not take effect in the Portal for up to thirty (30) days.

Royalties and Payment Details
(a) ACTRA RACS collects and distributes Canadian and International royalties owed to performers for the use of their recorded work. You may enter your payment information, such as who the payments should be made out to and the payment method, and you can also sign up for direct deposit (collectively, the “Payment Details”). It is your responsibility to ensure your Payment Details are entered accurately. ACTRA RACS shall not be responsible for any lost or missed payment due to incorrect Payment Details. 

(b) All payment or monetary information are stated in Canadian dollars.

(c) By inputting your Payment Details, you understand and agree that ACTRA RACS shall deduct an administrative fee (plus GST on the administrative fee) and you further authorize ACTRA RACS to deduct any applicable withholding taxes.

TERMS APPLICABLE TO THE SERVICE

1. USE OF OUR SERVICE

1.1 License.

These Terms govern the access or use by you of the Service. Subject to your compliance with these Terms, ACTRA RACS grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Service solely for your private, personal, non-commercial use. You may view and print content from the Service for private, personal, informational, and non-commercial use.  Any commercial use of the Service, in whole or in part, directly or indirectly, is specifically forbidden except ACTRA RACS’ prior written authority.

For greater certainty, ACTRA RACS does not grant you or any other party any right, title or interest in the Service. We reserve all rights not expressly granted to you under these Terms.

1.2 Authorization,

You hereby warrant and represent that:

(a) For Registered Users of the Portal: you are the legal age of majority;

(b) any information that you provide to us, including any personal or financial information provided as part of the creation of an Account, is and will at all times be accurate, current, and complete;

(c) if you have duly authorized an agent or manager by naming them on the Form, or otherwise authorizing them access to your Account, you agree to be bound by any actions taken by the agent and manager with respect to your Account, and to resolve any disputes regarding such actions directly with your agent and manager.

(d) you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of an Account;

(e) you shall not use the Service for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;

(f) you will only use the Service to access your own personal account, and will not use the Service to attempt to gain access to any other account, or to access any other information;

(g) you have the legal authority and capacity to enter into these Terms of Service;

(h) you agree to comply with and abide by any other policies, agreements or other terms and conditions governing your relationship with ACTRA RACS; and

(i) you will comply with and abide by all Applicable Law when using the Service and you will use the Service only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.

In the event of your breach of any of any of the Terms set out herein, we may revoke your right to use the Service.

1.3 Restrictions,

Except as expressly permitted under this Agreement, you may not and will not attempt to:

(a) rent, lease, lend, sell, redistribute or sublicense the Service or any part of it;

(b) copy, collect, store, scrape, frame, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any portion thereof, including mirroring or framing any portion of the Service, including using any technology to display Content (defined below) or access to the Service in any manner other than how it would appear if the URL is typed into the browser line;

(c) modify, adapt or hack the Service or modify any website so as to falsely imply that it is associated with ACTRA RACS or the Service;

(d) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

(e) upload or otherwise transmit files that contain a virus or corrupted data;

(f) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Service, or which, as determined by ACTRA RACS, may harm us or users of the Service or expose them or us to liability;

(g) use any robot, spider or other automatic device, process or means to access our Service;

(h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(i) remove any copyright, trademark or other proprietary notices from any portion of the Service.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under Applicable Law, and constitutes a breach of these Terms. Without limiting foregoing or any other recourse available to ACTRA RACS, including but not limited to any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to Service, status as a Registered User, or take technical and legal steps to keep users off the Service if we believe, in our sole discretion, that you have created or are creating problems or possible legal liabilities, infringing the intellectual property rights of ACTRA RACS or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms or our policies, or otherwise to the determinant of ACTRA RACS, its affiliates or their respective directors, officers, employees, agents, representatives, contractors or any other person.

If you have reason to believe that another person is using the Service in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to notify us, and also contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

You agree that ACTRA RACS or its representatives may access your Account and all information and any records related thereto to administer performer’s rights, and otherwise on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms; (ii) infringement of third party rights; or (iii) any unauthorized use of the Service or an Account.

You may not access or use the Service if you are located in a jurisdiction where it is forbidden by law to do so. By using this Service you are explicitly agreeing that you have verified that your use of this Service is permitted under Applicable Law.

2. PRIVACY

2.1 You acknowledge and agree that your use and access to the Service is provided via the internet and/or data network. Your information, including personal information may be transferred across borders and stored and processed in accordance with the terms and conditions of our Privacy Policy.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 The Service we offer, via the Website, Platform or otherwise, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology or intellectual property.

3.2 If you provide feedback, ideas or suggestions regarding the Service (“Feedback”), we are free to fully exploit such Feedback without any obligation to you, including any compensation or other consideration.

3.3 All materials, including any text, articles images, illustrations, designs, icons, photographs, information, data, databases, user interface and user experience, software, programs and written and other materials that are part of the Website, the Platform or accessible via the Service (collectively, the “Content”), is owned, controlled or licensed by ACTRA RACS or its licensors and is protected by Canadian and international intellectual property laws. The Content is provided on an “as is” and “as available” basis for informational purposes only, and is subject to change without notice.

3.4 The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of ACTRA RACS and is also protected by Canadian and international copyright laws.

3.5 ACTRA, ACTRA RACS and any trademarks, service marks, logos or designs displayed on the Service are trademarks (“ACTRA Marks“) of ACTRA or their respective owners, and may not be used in connection with any product or service that is not offered by us, or in any manner that is likely to cause confusion amongst consumers.

3.6 All other trademarks and service marks that appear on or via the Service that are not the ACTRA Marks are the property of their respective owners (the “Third Party Marks”).

3.7 Nothing in this Agreement grants you any right, title or interest in any intellectual property of ACTRA RACS or its licensors, including without limitation the ACTRA Marks or the Third Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s).

4. ACCESS TO AND USE OF THE INTERNET

4.1 You are solely responsible for obtaining and maintaining all internet or data network access, device hardware and other equipment needed to access and use the Service, and you shall be solely responsible for all charges and fees related thereto.

4.2 Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Service. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Service.

4.3 THE ACTRA RACS PARTIES (as defined in Section 5) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICE. 

4.4 We suggest that you install appropriate anti-virus or other protective software.

4.5 We shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Service.

4.6 You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose ACTRA RACS to any liability for damages you may suffer as a result of communicating with us by electronic communications.

5. LINKED WEBSITES

5.1 Through the Website, you may be able to access links to other websites. These links are provided solely as a convenience to you and are not an endorsement by ACTRA RACS of the third party companies or the contents on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Because we have no control over such sites, you acknowledge and agree that ACTRA RACS, ACTRA and their affiliates, officers, directors, agents and employees (collectively, the “ACTRA RACS Parties”) are not responsible for, and have no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personal information by such sites, or for the information, products, content or other materials on or available from such sites or resources. You should review the terms of use and privacy policy for all websites you visit. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.

6.0 DISCLAIMERS

6.1 Availability of the Service. While we endeavour to keep downtime to a minimum, we cannot promise that the Service or availability of the Service will be uninterrupted, secure or error-free.  We reserve the right to interrupt/suspend the operation or availability of the Service or any part thereof, with or without prior notice for any reason.

6.2 YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. Because the Service is provided to you “AS IS,” you agree that the ACTRA RACS Parties shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using our Service. Because our Service is provide to you “AS AVAILABLE,” you agree that the ACTRA RACS Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or of your ability to access it.

6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ACTRA RACS PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, ACTRA RACS MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICE OR ANY SERVICE REQUESTED THROUGH THE USE OF THE SERVICE.

7.0 LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ACTRA RACS PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICE, ANY SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES (EVEN IF THE ACTRA RACS PARTIES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) THE SERVICE OR ANYTHING OBTAINED THROUGH THE SERVICE; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.

7.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE ACTRA RACS PARTIES SHALL NOT BE RESPONSIBLE NOR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, DAMAGE OR INJURYOF ANY KIND, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

7.3 IN THE EVENT THAT 7.2 IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE NOT LEGALLY ENFORCEABLE, THE LIABILITY OF THE ACTRA RACS PARTIES TO YOU FOR ANY AND ALL CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES AND FOR ALL MATTERS BE LIMITED TO $100 CAD.

8.0 INDEMNIFICATION

8.1 You agree to indemnify and hold harmless the ACTRA RACS Parties from and against any loss, liability, obligation, damage, cost, expense, claim, or demand, including reasonable attorneys’ fees, arising to the ACTRA RACS Parties as a result of any claim, demand or proceeding brought or threatened against the ACTRA RACS Parties relating to or arising out of: (a) your use of, access to, or misuse of the Service; (b) your breach of these Terms, (c) any breach of your representations and warranties set forth above; (d) your violation of any third-party right; and (e) any activity through your Account, including without limitation, action taken by the manager or agent named in your Account.

9.0 TERM, TERMINATION AND SUSPENSION

9.1 These Terms will become effective upon your acceptance of these Terms in accordance with these Terms, which may be amended and updated from time to time. These Terms will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge and agree that access to the Service may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice to you, and that ACTRA RACS shall not, in any event, be responsible to you in any way should you be unable to access the Service at any time or from time to time.  You acknowledge and agree that the Service is not essential to you, your livelihood, or your membership in ACTRA, including the enjoyment of ACTRA membership benefits.

9.2 ACTRA RACS may, at its sole discretion, at any time and from time to time, without notice, suspend or terminate your Account or your right to use the Service.  Upon termination of your Account, you shall no longer have the right to use or access the Service. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

10. GENERAL

10.1 Additional Terms. Subject to any additional terms and conditions presented to you in connection with any particular aspect of the Service, these Terms together with the Privacy Policy, set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

10.2 Governing Law and Dispute Resolution. These Terms  and your use of the Service are governed by, construed and enforced in accordance with the applicable laws of the Province of Ontario and the Federal Laws of Canada without regard to conflict of laws principles. Any cause of action brought to enforce these Terms of Use, or in connection with any matters related to the Service shall be brought only before the Ontario Superior Court of Justice, sitting in Toronto, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court.

10.3 Headings. The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.

10.4 No Assignment. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.

10.5 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

10.6 Language.  You and ACTRA RACS have each expressly requested and required that these Terms and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms provided by ACTRA RACS is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms will take priority and govern.

10.7 Severability. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

10.8 Survival. Any provisions of this Agreement, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of this Agreement.

Contact.

For assistance with the Service, please contact us by email at racs@actra.ca or by phone at 416-489-1311.