Terms & Conditions

Overview

This website is owned and operated by Gearbox Experiential. TMFF, The Motorcycle Film Festival, and Toronto Motorcycle Film Festival are trademarks owned by Gearbox Experiential. These (“Terms”) set forth the terms and conditions under which you may use our website and services as offered by us (“TMFF”). By accessing or using the website of our service, you consent that you have read, understood, and agree to be bound by these Terms.

 

Privacy

TMFF’s privacy policy is available here.

 

Trade-Marks

Certain names, graphics, logos, icons, designs, words, slogans, titles and phrases on our web-site are considered as trademarks of Gearbox Experiential (the “Marks”). These Marks include, without limitation, TMFF, TMFF Motorcycle Film Festival, The Motorcycle Film Festival, Toronto Motorcycle Film Festival, TMFF Cinema, TMFF Talks, TMFF Aspect:Ratio, TMFF Fast-Forward.

 

Note that the absence of a Mark from this list does not constitute a waiver of TMFF’s trade-mark or other intellectual property rights. Some trade-marks on this site are owned by other parties who have granted TMFF a licence to use their marks.

 

Any unauthorized use, downloading, re-transmission, or other copying or modification of trademarks may be a violation of federal or other law that may apply to trademarks and such actions could subject the copier to legal action.

 

Copyright

Copyright protection is automatic in Canada. A work does not need to be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.

 

This website, text, image files, audio and video clips and other content on this website are Copyright © Gearbox Experiential, 2017, and forward. All rights reserved. Content on this website may also be owned by individuals and entities other than, and in addition to TMFF, and used by TMFF under license.

 

General Conditions

In order to use our website and/or receive our services, you must be at least the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. Some TMFF events may have age restrictions. If so, we will point this out specifically in the event description. Entrance to events is subject to venue capacity regulations.

 

Key Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services or for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

We may, without prior notice, change the services and products; stop providing the services and products or any features of the services and products we offer; or create limits for the services and products. We may permanently or temporarily terminate or suspend access to the services and products without notice and liability for any reason, or for no reason.

 

Return and Refund Policy

TMFF’s refund and return policy is available in our Purchase Terms & Conditions here.

 

Warranties & Responsibilities

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. When we receive a valid warranty claim for a product or service purchased from us, we will either repair the relevant defect or replace the product or service. If we are unable to repair or replace the product or service within a reasonable time, you will be entitled to a full refund upon the prompt return of the product or service to us. We will pay for shipment of repaired or replaced products or service to you, and you will be responsible for return shipment of the product to us.

 

Right to Suspend or Cancel

We may permanently or temporarily limit, terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

Indemnification

You agree to indemnify and hold TMFF harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TMFF, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

 

To the maximum extent permitted by applicable law, TMFF assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Modification of Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access, or continue to access, the website or the service.

 

Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us. If you don't want to receive such promotional materials or notices, you can notify us at info@motorcyclefilmfest.com or by clicking the Unsubscribe link at the bottom of our email newsletters.

 

Links to Third Party Websites

Some of the content, products and services that we offer via the the TMFF website may contain links to third party websites. The linked sites and pages are may direct you to websites that are not under the control of TMFF, and TMFF is not responsible for the content or its accuracy. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by TMFF.

 

Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Toronto, Ontario.

 

Customer Support Details & Contact Info

Questions about the Terms and Conditions should be sent to info@motorcyclefilmfest.com.