Last Revised: September 4, 2020
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND BIPOC TV & FILM. PLEASE READ THEM CAREFULLY BEFORE USING THE WEBSITE.
1. Introduction
BIPOC TV & Film (“HireBIPOC”) is a grassroots organization and collective of Black, Indigenous, and People of Colour in Canada’s TV and film industry. From writers, directors, producers, and actors to editors, crew members, and executives, our members are a mix of emerging, mid-level, and established industry professionals. HireBIPOC is dedicated to increasing the representation of marginalized voices both in front of and behind the camera.
HireBIPOC hosts an online roster of crew and creatives for hire by Canadian productions and media companies, accessible over the Internet at www.hirebipoc.com (the “Website”). By using the Website you agree to be bound by these Terms of Use, and you are deemed to accept the most current version of these Terms of Use each time that you access the Website. If you do not agree to these Terms of Use, you are not permitted to use the Website and must exit the Website without accessing any other pages.
HireBIPOC may amend these Terms of Use from time to time, without prior notice, by posting an updated version to the Website.
References to “you” and “your” in these Terms of Use are to you, including anyone who accesses the Website through your account. References to “HireBIPOC” in these Terms of Use are to HireBIPOC and include its affiliates, officers, directors, employees, agents, and other representatives. “Candidate” refers to any person who uses the Website for purposes related to getting hired, and “Employer” refers to any person who uses the Website for purposes related to hiring.
2. Privacy
HireBIPOC’s Privacy Policy, as amended from time to time (available at www.hirebipoc.com/privacy), is incorporated by reference into these Terms of Use.
3. Access and Use
HireBIPOC authorizes you, subject to these Terms of Use, to access and use the Website, including any designs, text, graphics, images, videos, information, logos, icons, audio files, and other content (collectively “Website Content”), solely for your personal, non-commercial use. Except as otherwise expressly provided, no other right, licence, title, or interest is granted or transferred to you.
You must be 18 years of age or older to use the Website.
4. Registration
You are required to register for an account in order to use the Website as a Candidate or an Employer. By registering for an account, you certify that the information you provide is complete and accurate and that you will promptly maintain the completeness and accuracy of the information at all times. It is prohibited to provide any false or misleading information or to impersonate any other person or entity.
You must not disclose your password to any other person or permit any other person to access your account. You must notify us promptly if you know or suspect that there has been any unauthorized use of your account, and we are not responsible for any delay or failure to do so. You remain solely responsible and liable for all activities under your account and any use and misuse of your account by any person.
HireBIPOC reserves the right to suspend or terminate your account or otherwise restrict access to your account, without any notice or liability to you, at any time and for any reason.
5. Restrictions on Use
You agree to comply with all applicable laws and regulations at all times while accessing or using the Website. Additionally, you must not:
● access or attempt to access the Website by any means other than the interface by which HireBIPOC makes the Website available over the Internet;
● bypass, remove, deactivate, or degrade any limitations on access to or functionality of the Website;
● impersonate any other person or entity;
● intentionally upload to or transmit through the Website any viruses, worms, Trojan horses, spyware, malware, adware, ransomware, or any other files, software, program, or code of any nature whatsoever that is designed to disrupt, disable, damage, impair, interfere with, intercept, or otherwise harm in any manner any data, media, system, equipment, hardware, or communication, including any part of the Website;
● use any data mining, robots, or other method of gathering, extracting, or aggregating data;
● modify, adapt, decompile, scrape, or reverse engineer any part of the Website;
● generate or facilitate any “spam” or other unsolicited commercial communications;
● use the Website for the purposes of enticing others to purchase goods or services from you or any other person;
● violate any legal rights of any person, including privacy, publicity, and proprietary rights;
● take any action intended to interfere with any other person’s access to or use of the Website, including any action intended to impose a disproportionately large load on the Website;
● upload to or transmit through the Website any content or material that promotes or endorses false or misleading information, an illegal or prohibited activity, or harm to any person or property; or
● upload to or transmit through the Website any content that is illegal, harmful, defamatory, discriminatory, harassing, abusive, threatening, fraudulent, infringing, obscene, or otherwise objectionable as determined by HireBIPOC in its discretion.
Subject to our Privacy Policy, you acknowledge that HireBIPOC may disclose any information relating to your use of, or access to, the Website in accordance with applicable law, regulation, court order, or request of government.
6. External Content
The Website may link to, or be linked to from, websites and other content maintained, operated, or offered by third parties and not by HireBIPOC (collectively “External Content”). The inclusion of a link or other reference to External Content on the Website does not constitute HireBIPOC’s endorsement, approval, or affiliation of or with that External Content and HireBIPOC has no control over the availability, reliability, accuracy, integrity, or safety of any External Content. You agree that HireBIPOC shall have no responsibility to you with respect to any External Content, and it is solely your responsibility to review and comply with any terms and conditions applicable to External Content and to take any precautions necessary to safeguard against the personal and technological risks associated with accessing External Content.
7. User Content
In these Terms of Use, “User Content” means any content that a user submits, posts, displays, uploads, or transmits on or through the Website or to HireBIPOC, including text, images, audio, video, and resumes.
You represent and warrant that you are the owner of any User Content you submit, post, display, upload, or transmit on or through the Website or otherwise have all rights and licences to such User Content necessary for you to comply with these Terms of Use. You further represent and warrant that such User Content does not violate any applicable laws, any contract between you and another person, or any privacy, publicity, or proprietary rights of any other person.
By submitting, posting, displaying, uploading, or transmitting User Content on or through the Website, you grant to HireBIPOC, to the extent permitted by law, a non-exclusive, worldwide, perpetual, fully paid, royalty-free, transferable, sublicensable right and licence to make, use, sell, sublicense, reproduce, distribute, perform, display, translate, adapt, prepare derivative works from, and otherwise exploit all such User Content for any purposes related to maintaining, operating, marketing, promoting, or advertising the Website or any other of HireBIPOC’s activities. To the extent that any compensation may be due or payable to you in connection with the foregoing licence, you hereby waive any and all rights to such compensation.
HireBIPOC is under no obligation to monitor, screen, or filter User Content or to run any background checks or verify the accuracy of any User Content but reserves the right to do so. HireBIPOC also reserves the right, in its sole discretion and without any liability, to remove or delete, temporarily or permanently, any User Content that violates these Terms of Use or that it otherwise determines, in its sole discretion, to be inappropriate.
8. Intellectual Property
HireBIPOC owns or otherwise has a licence to all of the Website Content except where otherwise identified as being owned or licensed by a third party. The Website and all of the Website Content are the property of their respective owners and are protected under copyright, trade-mark, and other laws. You must preserve all copyright, trade-mark, and other proprietary notices contained in the original Website Content on any authorized copy you make. Except as expressly provided, nothing in these Terms of Use or within the Website will be deemed or construed to grant you any ownership, licence, or other right in or to any part of the Website or the Website Content.
9. Disclaimer
Your use of the Website is at your sole risk. The Website and all Website Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, HireBIPOC disclaims any and all representations, warranties, guarantees, and conditions of any kind, whether express or implied, including but not limited to those related to merchantability, fitness for a particular purpose, or the correctness, accuracy, quality, or reliability of any part of the Website, the Website Content, or any User Content. HireBIPOC also makes no representation, warranty, guarantee, or condition that the Website, the Website Content, or any User Content will be non-infringing, uninterrupted, error-free, or free of malicious code, or that any defects or errors will be corrected.
You acknowledge and agree that HireBIPOC is under no obligation whatsoever to monitor, screen, or filter any User Content or to run any background checks or verify the accuracy of any User Content. You acknowledge and agree that HireBIPOC will not facilitate any applications, interviews, meetings, or background checks and that HireBIPOC does not guarantee any success or particular outcome with respect to any hiring, employment, or contract for work as a result of using the Website.
10. Limitation of Liability
To the fullest extent permitted by law, HireBIPOC will not be liable to you in contract, tort (including negligence and gross negligence), strict liability, or otherwise for any loss or damage, including any and all direct, indirect, actual, special, incidental, consequential, punitive, or exemplary damages, however caused, arising out of, resulting from, or in connection with the Website, the Website Content, any User Content, or any External Content, even if HireBIPOC has been advised of the possibility of such damages and even if such damages were foreseeable.
11. Indemnity
You agree to defend (at HireBIPOC’s option), indemnify, and hold harmless HireBIPOC and its service providers, suppliers, and licensors, and each of their respective affiliates, officers, directors, employees, agents, and other representatives, from and against any and all liabilities, losses, claims, damages, penalties, actions, suits, demands, levies, costs, expenses, and disbursements, including any and all reasonable legal and advisor fees and disbursements, of whatever kind or nature arising out of, resulting from, or in connection with: (a) your breach of any provision of these Terms of Use; (b) your use of the Website; (c) your violation, infringement, or misappropriation of any intellectual property right, or any allegation thereof; or (d) any User Content that you submit, post, display, upload, or transmit on or through the Website. HireBIPOC reserves the right, at its own expense, to assume the exclusive defence and control of any matter that is subject to indemnification by you, but in any event you will use your best efforts to cooperate with HireBIPOC in the defence of any claim.
12. Jurisdiction
The Website is intended to be used within Canada and HireBIPOC makes no representation, warranty, or guarantee that the Website is appropriate for any use or person outside of Canada. These Terms of Use shall be interpreted, construed, and governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws principles. By accessing or using the Website, you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario and waive any objection based on venue.
13. General
These Terms of Use are personal to you and may not be assigned by you. HireBIPOC may assign these Terms of Use at any time without consent and without notice to you. HireBIPOC’s waiver of, or failure to exercise, any right or remedy will not operate or be construed as a continuing waiver of the same or any other right or remedy available to HireBIPOC at law or in these Terms of Use. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be void, unlawful, invalid, or unenforceable in whole or in part, such determination shall attach only to such provision or part thereof and only in that jurisdiction, and the remaining part of such provision and all other provisions shall, to the extent reasonably possible, continue in force and effect. These Terms of Use, including the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and HireBIPOC with respect to your access to and use of the Website.
14. Contact Us
If you have any comments or questions about these Terms of Use or the Website, please contact us by email at hirebipoc@gmail.com or bipoctvandfilm@gmail.com.