Hamilton Independent Music & Film Awards Terms and Conditions

Access to and use of any part or page of hamiltonindependentmusicandfilmawards/festival . ” Website” internationally is provided by Hamilton Independent Music And Film Awards /Festival (HIMFFA) on the following terms:

1. By using Website, you agree to be bound by these terms, which shall take effect immediately on your first use of Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Website.

2. HIMFFA may change these terms from time to time and so you should check these terms regularly. Your continued use of Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using Website.

3. Intellectual Property
 – All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the Website shall remain vested in HIMFFA or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the prior written permission of HIMFFA

4. The names, images and logos identifying HIMFFA or third parties and their products and services are subject to copyright, design rights and trade marks of HIMFFA and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of HIMFFA or any other third party.

5. Voting Terms & Conditions

You may cast your vote in the award category by voting on hamiltonindependentmusicandfilmawards.com . There is no charge for web entries although internet service provider’s fees may apply when accessing the internet.

You will need to register to vote, as indicated on the “Voting” page of the HIMFFA website. Any personal data relating to voters will be used solely in accordance with the HIMFFA privacy policy

a) Restrictions – You are allowed one vote per Artist but you can vote for other Artists in the same award category. All accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address. Votes received outside the specified opening and closing times for each vote will not be counted.  Voting times are liable to change and HIMFFA may suspend, withdraw or re-set voting at its sole discretion at any time. HIMFFA reserves the right to discount votes if it has reasonable grounds to suspect that fraudulent voting has occurred (including certain bulk voting).

b) Vote Results – The winner will be determined by the total number of valid online votes received during the voting period. The winner will be announced during the HIMFFA ceremony and on the HIMFFA website after the live ceremony .

c) General Terms – HIMFFA, its sub-contractors, subsidiaries and/or agencies do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any system, server, provider or otherwise which may result in any vote being lost or not properly registered or recorded. HIMFFA cannot promise that the website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The system and/or service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond HIMFFA’s reasonable control. HIMFFA will not be liable to any person in the event that all or any part of the system and/or service is discontinued, modified or changed in any way.

6. Website content, including the information, names, images, pictures, logos and icons regarding or relating to HIMFFA , its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, HIMFFA excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. HIMFFA does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by HIMFFA is correct at the time of publication, no responsibility is accepted by or on behalf of HIMFFA for any errors, omissions or inaccurate content on the website.

7. Nothing in these terms limits or excludes HIMFFA’s liability for personal injury caused by its proven negligence. Subject to the previous sentence, HIMFFA shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.

8. HIMFFA does not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any province or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

10. The failure or delay of HIMFFA to exercise or enforce any right in these terms does not waive HIMFFA’s right to enforce that right.

11. Self released and indie label/ indie film production company releases are allowed to enter HIMFFA . Self releases/ Indie labels /indie films may be distributed by independent distributors or major distributors .

12. All prizes and /or prize sponsors are subject to change . HIMFFA will not be held liable for any prize / prize sponsor changes . All prizes must be picked up in person at the live awards ceremony/festival . Valid identification will be required by all artists picking up prizes .

13 . Any award category may be eliminated at any time due to a lack of entries or other . Artists may be nominated in a different /similar category than the category (s) selected on their application . This will be done at the discretion of HIMFFA . HIMFFA will not be held liable for any award category changes .

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