DISCLAIMER

albertafashionweek.ca:

Web Site Terms and Conditions

Introduction

This document sets forth the terms and conditions (these “Terms and Conditions”) governing your use of “albertafashionweek.ca”, an Internet Web site (the “Site”) operated by Alberta Fashion Week Inc. (“Alberta Fashion Week”), and the “Content” (defined below), information, links and services made available on and through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you (also referred to as “user”) and us, Alberta Fashion Week.

Acceptance of these Terms and Conditions

Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site. Your use of the Site is a privilege. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site. Notwithstanding the above, Alberta Fashion Week reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.

Changes to these Terms and Conditions

Please review these Terms and Conditions each time you visit the Site. The information contained in these Terms and Conditions may be changed or updated by Alberta Fashion Week in whole or in part from time to time without prior notice to you by posting the modified Terms and Conditions to the Site. Any changes to these Terms and Conditions will be effective immediately upon Alberta Fashion Week’s posting of them to the Site.

Intellectual Property

The text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (the “Content”) contained on the Site are owned or controlled by Alberta Fashion Week and the other respective beneficial rights owners of the Content, and are protected by Canadian and international copyright laws. You may download the Content “as is” to a “Computer” (defined below) solely for your personal use and only for non-commercial purposes. You may NOT edit, modify or further reproduce the Content for any purpose whatsoever.

All logos, identifications, word marks, trade names, trade dress and other trademarks displayed on the Site (“Trademarks”) are registered Trademarks of Alberta Fashion Week and/or of the respective Trademark’s beneficial rights owner. Depictions of products or services on the Site are Trademarks of their respective beneficial rights owners and are protected in the Canadian and internationally. No use of any Trademarks may be made without the prior written authorization of Alberta Fashion Week and/or the respective beneficial rights owners of the Trademarks except to identify the products or services associated therewith. Nothing contained herein shall be construed as conferring any license or right to any of the patents, copyrights or Trademarks embodied in the Site. All rights, title and interest in the Content and the Trademarks shall reside solely with Alberta Fashion Week or the respective beneficial rights owners thereof.

Alberta Fashion Week does not want to receive any confidential or proprietary information from you through the Site and any information or materials sent to Alberta Fashion Week through the Site in respect of any products or services referenced or offered on the Site will be deemed NOT to be confidential. By sending Alberta Fashion Week any information or materials regarding the Site or Alberta Fashion Week’s business, you grant Alberta Fashion Week an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit, exploit and distribute those materials and/or information, and you also agree that Alberta Fashion Week is free to use any such submitted (even if unsolicited) ideas, inventions, concepts, know-how or techniques that you send Alberta Fashion Week via the Site or otherwise for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Representations of the Site’s Users

By using the Site, you hereby represent and warrant to Alberta Fashion Week that: (i) all information and data contained in any transmission or submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information and data contained in any transmissions and submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.

Limitations on Information Submitted

Any submission or transmission of information and data by you through the Site to Alberta Fashion Week is subject to the following additional guidelines and restrictions:


It may not contain copyrighted material (unless you own the copyright or have the beneficial rights owner’s written permission to post the copyrighted material);
It may not contain trade secrets (unless you own them or have the beneficial rights owner’s written permission to provide or post them);
It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights;
It may not contain information or data that is known by you to be slanderous, untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information and data provided or posted by you;
It may not contain information or data which impersonates another entity or person whether living or dead, misstates the identity of any entity or person whether living or dead, or misstates or misleads as to gender, race, religious preference, sexual preference or age;
It may not contain viruses, bots, Trojan horses or other programs or information which disrupts, crashes, hacks into, or otherwise interferes with the operation of the Site;
It may not be sent for the purpose of “flooding”, “mailbombing” or “crashing” the Site;
It may not solicit money, donations, investments, financial advice, or make any offering of securities or investments; and/or
It may not be, or operate as, chain letters or pyramid schemes.

Monitoring of Information and Data

Alberta Fashion Week does NOT assume any obligation to review the accuracy, completeness, truthfulness or content of any information and data submitted and transmitted to the Site by: (1) you, (2) other users of and visitors to the Site, or (3) persons and entities promoting, offering or responsible for the Content, products and/or services on the Site. Notwithstanding, Alberta Fashion Week may in its discretion review information and data submitted or transmitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information and data submitted and transmitted to the Site for any reason whatsoever.

Hyperlinks

From time to time, as a convenience to you, Alberta Fashion Week may include links on the Site to third party Web sites, or permit third parties Web sites to link to the Site. Links to or from a third party Web site, whether provided by Alberta Fashion Week or not, do not imply any affiliation between Alberta Fashion Week and the other Web sites’ or their owners, or an endorsement of such third party Web sites. Alberta Fashion Week may cancel any link at any time and will remove any link from the Site upon request from the beneficial rights owner of the linked Web sites. Such requests should be sent to the Site’s administrator, legal@albertafashionweek.ca.

Availability

Not all of the Content, products and services described on the Site are available or accessible in all geographic areas of the world. You may not be eligible to view or receive all of the described Content, products or services on the Site and Alberta Fashion Week reserves the right to determine the eligibility of any user for any Content, product or service. The Site’s separate pages relating to the Content, products or services may provide additional information on the availability of the Content, products or services and may contain additional terms governing eligibility.

Children

The Site does not intend to market any of the Content, products or services to children. Alberta Fashion Week’s does not knowingly gather, or solicit data, from children through the Site for marketing purposes.

Accuracy of the Content

Alberta Fashion Week will make every reasonable effort to include accurate and up to date Content on the Site. Notwithstanding the foregoing, Alberta Fashion Week provides the Content for your informational purposes only and does not warrant or represent that descriptions of the Content on the Site is complete, accurate, reliable, current or error-free.

Disclaimer

THE SITE AND THE CONTENT AND INFORMATION ON THE SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALBERTA FASHION WEEK MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION CONTAINED ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, UNALTERED, ACCURATE, OR ERROR FREEALBERTA FASHION WEEKk HAS NOT REVIEWED ALL THE WEB SITES THAT MAY BE LINKED TO THE SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEB SITES OR ANY ADDITIONAL WEB SITES LINKED TO THE LINKED WEB SITES. YOUR DECISION TO USE AND ACTUAL USE OF THE LINKS TO ANY OF THE LINKED WEB SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL OF THE CONTENT ACCESSIBLE ON THE SITE, OR ANY LINKED WEB SITES TO THE SITE, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL ALBERTA FASHION WEEK BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, ANY OF THE LINKED WEB SITES, OR ANY WEB SITES LINKED TO THE LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Alberta Fashion Week AND ITS AFFILIATED COMPANIES, OR ANY OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

Governing Law and Venue

These Terms and Conditions are governed by the internal substantive laws of the Province of Alberta Canada, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under or in connection with your use of the Site or these Terms and Conditions shall lie exclusively with the state and federal courts within the Province of Alberta. You hereby irrevocably consent to the jurisdiction of the state and federal courts within theProvince of Alberta. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Alberta Fashion Week to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent Alberta Fashion Week’s later enforcement.

Privacy Policy

Alberta Fashion Week is committed to protecting your privacy and the security of all information and data on the Site. To demonstrate this commitment, Alberta Fashion Week has adopted the following privacy policy (this “Privacy Policy”) based on the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding the Site’s users and their activities at the Site. Please review this Privacy Policy each time you use the Site as it is subject to change at any time by Alberta Fashion Week without notice to you. It is your obligation to review this Privacy Policy from time to time. By accessing the Site you are indicating your agreement to this Privacy Policy. Any changes to this Privacy Policy will be effective immediately upon posting to the Site.

Notice of the Site’s Privacy Policy

This Privacy Policy tells you, among other things, what information and data that Alberta Fashion Week gather or collect from you via the Site, how Alberta Fashion Week may use or disclose that information and data, and Alberta Fashion Week’s efforts to protect that information and data. Please read this Privacy Policy carefully.

What Types of Information and Data are Collected and Why?

Information and Data Submitted and Transmitted by You At times, Alberta Fashion Week may ask you to provide information and data about yourself or your business in order to enhance and improve your use of the Site. For example, some of the information and data that Alberta Fashion Week may ask you to provide may include your name, title, company, address, phone number, email address, and other relevant data. Alberta Fashion Week does not require this information and data to obtain access to any area of the Site. This information and data will enable Alberta Fashion Week to contact you should the need arise or to respond appropriately to any request or question you have about the Site.

Information Collected by the Site’s Cookies

Alberta Fashion Week may also make use of the Site’s “cookies” feature (described below) to help you use the Site more easily, and to help Alberta Fashion Week continuously improve the Site. A “cookie” is a small data file that the Site can send to the Internet browser you are using, which may then be stored on the hard drive or server of the Computer you are using to help the Site remember information about you when you return to the Site, such as your preferences for the Site or your account identifications. The Site’s cookies do not read data from the hard drive of the Computer you are using, read cookie files created by other Web sites, or track any personal information about you. You may have the option of setting the Internet browser (e.g., Google, Yahoo!, etc.) you are using to reject cookies however doing so may negatively impact upon the performance of the Site or restrict Alberta Fashion Week in better serving your use of the Site. The “help” portion of the toolbar on most Internet browsers will tell you how to prevent the Internet browser you are using from accepting new cookies, how to have the Internet browser notify you when a new cookie is received, or how to disable the cookie feature altogether.
Also, as the Site advertises the products and services of third parties, when you click on the banners or pop-ups or hyperlinks on the Site you must assume that information is being collected about you. Alberta Fashion Week is not responsible for the use of any information and data collected in such a manner. You must also assume that (1) information and data will be collected, (2) that cookies will usually be placed by Web sites on the hard drive of the Computer you are using, (3) that Alberta Fashion Week has no control over what happens with such third party collection of your information and data, (4) that Alberta Fashion Week takes no responsibility for the advertisers’, sponsors’ and/or vendors’ Web sites, (5) that Alberta Fashion Week is not responsible for downloads from third party advertisers, sponsors and vendors that contain viruses or worms or other computer code that causes harm to the Computer or software you are using, and (6) that Alberta Fashion Week assumes no responsibility for the information and data that is garnered from the click itself or that the advertiser, sponsor and/or vendor collects.

Email Information

If you send a person or entity an email from the Site, or if you email the Site’s URL, you must assume that some data is collected about IP address that you are using and/or your email address and that of the person or entity to whom you sent the email. You must assume that referred emails or Web site pages may appear to come from your email. You must accept full responsibility for referring emails and Web site pages to such person’s and entities agree to indemnify Alberta Fashion Week for any damages, intentional or unintentional, that result from said emails and URL referrals.

How Does Alberta Fashion Week Use My Information Collected by Cookies?

Alberta Fashion Week will retain the information collected by cookies on the Site on a secure server so that when you revisit the Site, you will not need to re-enter your information. Alberta Fashion Week may use the information collected by cookies in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. In general, Alberta Fashion Week collects this information to measure the overall visitor traffic, use of the Site and to improve the Content of the Site.

Alberta Fashion Week uses your personally identifying information collected by cookies on the Site to identify you as a user of the Site and to assist and speed the completion of any transactions and dealings on the Site. Alberta Fashion Week may use your email address to contact you directly regarding services or products that Alberta Fashion Week believes may be of interest to you. Alberta Fashion Week may also use information collected by cookies on the Site about your preferences and use and activities at the Site, such as the particular pages you visit at the Site and any transactions you effect through the Site, Alberta Fashion Week may vary the Content you view in future your visits to the Site based on your preferences, usage, and activities.

Disclosure of Aggregate Information

Alberta Fashion Week may combine your personally identifying information, and information about your preferences, usage and activities, with those of all or a particular group of the Site’s users to prepare collective profiles of the Site’s users and their preferences, usage and activities for Alberta Fashion Week’s internal use. For example, Alberta Fashion Week may track the number of the Site’s users who view certain pages or use certain features on the Site or to track geographic trends. Such information and data, and other information Alberta Fashion Week derives from the Site’s individual users’ information and data, allows Alberta Fashion Week to continue to develop and provide you with quality information and data through more accurate marketing and advertising of the Site. Alberta Fashion Week may share aggregated information concerning the Site’s users, without attribution of personal information, to Alberta Fashion Week’s sponsors, vendors, advertisers, affiliates and other companies with whom Alberta Fashion Week conducts business.

Disclosure of Personal Information to Third Parties

Alberta Fashion Week may disclose your personal information that you provide or that Alberta Fashion Week collects on the Site, such as your name, address, email address, telephone number, account numbers, etc. to third parties. Alberta Fashion Week may lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to the information, and data that you provide or that cookies collects from you from the Site, to persons outside of Alberta Fashion Week. Alberta Fashion Week will, however, comply with any court order or other requirement of law which requires Alberta Fashion Week to disclose your personal information.

What Does Alberta Fashion Week do to Keep the Site Secure?

Alberta Fashion Week may use industry-standard encryption methods to transmit your personal registration information and data from the “Computer” (including, but not limited to, a desktop or home computer, laptop, personal digital assistant (e.g., a BlackBerry, or iPhone), and/or portable or tablet computer) you are using to the Site’s server across the Internet, and Alberta Fashion Week may restrict access to any transactional portions of the Site to Computers running Web site browsers that support Secure Socket Layer (“SSL”) protocol. To use this protection technology, you need to use a SSL-capable browser. Alberta Fashion Week may use industry-standard encryption methods to submit and transmit your personal information and data from the Computer you are using to the Site’s server across the Internet, and Alberta Fashion Week may restrict access to any transactional portions of the Site to Computers running Web site browsers that support Secure Socket Layer (“PGP”) protocol. To use this protection technology, you need to use a PGP-capable decoder.

The Site may contain “links” to other Web sites, and Alberta Fashion Week cannot and are not responsible for maintaining your privacy once you leave the Site. Alberta Fashion Week attempt to only post links to Web sites that share Alberta Fashion Week’s high standards and respect for the users’ privacy. If you provide any information or data to parties who operate Web sites that are linked to or from the Site, different rules may apply to their collection, use or disclosure of your personal information and data, including information provided by you and collected by their Web sites’ cookies. Alberta Fashion Week strongly encourages you to review such other Web sites’ privacy and legal policies before revealing any sensitive or personal information. Under no circumstances shall Alberta Fashion Week have any liability whatsoever for the use of your information and other activities conducted by or at any Web sites accessed from or through the Site. Regardless of the precautions taken by Alberta Fashion Week, Alberta Fashion Week cannot and does not ensure or warrant the security of any information and data that you submit and transmit to Alberta Fashion Week and/or is collected by the Site’s cookies, at your own risk. Further, Alberta Fashion Week assumes no responsibility for (1) any damage to Computers or software that you are using to access the Site, or (2) any damage incurred by you or any person or entity you subsequently communicate with from corrupting code or data that is inadvertently passed to their Computers.

What You Can Do To Protect Your Information?

Use only secure Web sites when disclosing your personally identifiable information. Secure pages generally begin with “https”. Avoid easy to decode (that is, easy to figure out) access codes (e.g., your name) and/or personal ID (PIN) codes. Never respond to unsolicited requests for your social security number (SSN) or financial data. Do not disclose your passwords to the Site or your account information to any other person or entity.

Special Privacy Policy on Information Regarding Children
(persons under 18 years of age)

The Site is not directed to children, and Alberta Fashion Week does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use Web site filtering technology to supervise or limit access to the Site.

General

These Terms and Conditions, including the Privacy Policy, is governed by the internal substantive laws of the Province of Alberta, Canada, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies and claims arising under, in connection with, or out of these Terms and Conditions and/or this Privacy Policy shall lie exclusively with the state and federal courts within the Province of Alberta. If any provision of these Terms and Conditions and/or this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions and/or this Privacy Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL Alberta Fashion Week HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS AND/OR THIS PRIVACY POLICY, HOWEVER OCCASIONED.

©2009 Alberta Fashion Week