Body Mind Change

Body Mind Change is presented by TIFF in co-production with the CFC Media Lab. With creative direction by Lance Weiler, Body Mind Change extends the experience of the Cronenberg: Evolution Exhibition across online, mobile, and real world platforms.

Terms of Use

Welcome to the online and mobile hub ("Hub") for the Toronto International Film Festival ("TIFF") and Canadian Film Centre Media Lab’s ("CFC") Body Mind Change production ("Production").

By using this Hub, you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use and our privacy policy located at bodymindchange.ca ("Privacy Policy").

If these Terms of Use are not acceptable to you, please do not use this Hub. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Your continued use of this Hub will be deemed your conclusive acceptance of the updated Terms of Use.

The Production will run from March 31, 2013 December 31, 2013 and is an immersive storytelling and game-like experience that requires users to explore the Hub, and engage in activities with our system called POD.

The Production’s online registration process will run from March 31, 2013 to December 31, 2020 ("Registration Period").

Users that register for the Production through this Hub are certifying that they are at least 18 years of age.

As a prior condition to participating in the Production, each user will be required to register by setting up an account ("Production Account"), selecting a Production name ("Production ID") and password ("Production Password") and providing Us with a working email address, twitter handle and postal code.

You must provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in the immediate termination of your registration for participation in the Production and termination of your Production Account.

Select users who reserved a POD at registration will receive a 3D printed POD as a culmination of their online experience with the Production. If chosen to receive a POD, at Our sole discretion, users will be responsible for picking it up, or having it picked up from the TIFF offices located at Reitman Square, 350 King Street West, Toronto, ON M5V 3X5 Canada. We will not be responsible for delivering it to you. If you are unable to pick up the POD, or have a designate pick it up from the TIFF office within fifteen (15) business days, you will be deemed to have forfeited your POD and it will be assigned to another user without further formality.

Each user may register only once for to participate in the Production.

You may not use as a Production ID, any domain or Production name, or any name or term that:

is the name of another person, with the intent to impersonate that person; is subject to any rights of another person or entity, without appropriate authorization; or is otherwise offensive, vulgar, or obscene.

You are solely responsible for the Production Account and for maintaining the confidentiality of the Production Password. You shall not use the Production Account of another Production participant. You agree to immediately notify Us in writing of any unauthorized use of a your Production Account, or other known account-related security breach.

In participating in the Production you may contribute answers to specific multiple choice and/or open ended questions or you may submit comments. Your Production Name, written answers, comments and twitter handle may be publicly exhibited and/or disseminated in connection with the Production in all media worldwide.

You understand and agree that:

you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to any content or information you may submit pursuant to your participation in the Production ("Submitted Content") and that you are the sole author and owner thereof and that you have complied with all copyright, intellectual property laws, and other Canadian and international law, and will not submit or upload any Submitted Content that violates intellectual property rights, infringes the privacy of others, or contains harmful or illegal material; any Submitted Content may be disseminated to the general public during the Production by any means and on all media including via twitter, notwithstanding any objection that you may register in the course of participating in the Production; and you are solely responsible for, and neither We, nor the Production or the Production funders or sponsors, shall have any liability in connection with, the legal consequences of any actions or failures to act on your part with respect to any Submitted Content, including without limitation any legal consequences relating to your or any other person’s privacy or intellectual property rights or proprietary information.

You represent and warrant that:

you are at least 18 years of age; you are fully able and competent to enter into these Terms of Use and to make the representations and warranties set forth herein; you will comply with these Terms of Use as well as all applicable laws of the province of Ontario and the federal laws of Canada applicable therein; you have the right to grant the rights granted herein and you own or control or have all necessary right, title and interest in and to your Submitted Content; and None of your Submitted Content will violate any right to privacy or copyright held by any third party; and None of your Submitted Content contains any computer programming that may potentially damage or interfere with the Hub or intercept or expropriate any system data or personal information from the Hub.

Any access to, review of or use of the Hub by you and any submission by you is at your sole risk.

You shall not:

take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on Our or Our third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Production or any activities conducted on the Hub; bypass any measures We may use to prevent or restrict access to the Production (or other accounts, computer systems, or networks connected to the Production); run Maillist, Listserv, or any form of auto-responder or "spam" on the Hub; or use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Hub.

You are not allowed to transmit malicious code or to collect information of other users through the Hub.

You may not take any action to interrupt the functionality of or tamper with the content contained on the Hub or its servers or to unreasonably affect others’ enjoyment of the Production or the Hub in any way. We reserve the right to block access to the Hub at Our sole discretion for any reason.

You shall not directly or indirectly:

decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Hub, except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Hub; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, provincial, national, and international laws and regulations.

We may terminate your Production Account or delete any or all of your information or Submitted Content from the Hub for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party.

The Hub and its content, other than the Submitted Content, is Our proprietary property with all rights reserved. It may not be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written permission.

These Terms of Use will remain in full force and effect unless and until your account is terminated as provided herein. These Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and will be construed in all respects in accordance with the laws of the province of Ontario applicable to an agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the provincial courts of the Province of Ontario, Canada.

You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from the CFC.

We will not be liable for the privacy of email addresses, twitter handles, Submitted Content, Production registration and identification information, disk space, communications, confidential or trade-secret information, or any other submitted content stored on Our equipment, transmitted over networks accessed by the Hub, or otherwise connected with the Production.

At any time you may elect to discontinue your participation in the Production and request that your Production Account be terminated and removed from the Hub via an email to admin@bodymindchange.ca.

If you believe that your Submitted Content has been removed or disabled by mistake or misidentification, please notify Us in writing at admin@bodymindchange.ca.

We shall not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. We may assign, transfer, or delegate any of Our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use or the Production and neither party has any authority of any kind to bind the other in any respect.

You agree to indemnify, defend, and hold Us and Our successors, assigns, Production funders, partners, advertisers, technology providers, service providers or other partners, and each of Our and their respective officers, directors, agents, shareholders, employees and representatives harmless, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

your Submitted Content; your use or misuse of, or connection to, the Hub or any services offered by the Hub; your use or misuse of Support Services, Professional Services or any other services offered by US; your breach or alleged breach of any representation or warranty; your breach or alleged breach of these Terms of Use; your violation of any rights (including privacy and intellectual property rights) of a third party; and your use or misuse of any Submitted Content including, in violation of the Privacy Policy

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

General

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, WITH REGARD TO ANY INFORMATION, APPLICATION, DATA, SUBMITTED CONTENT OR COMMENTS OR OTHER ITEMS PROVIDED OR MADE AVAILABLE ON THE HUB OR THROUGH THE PRODUCTION.

WE ARE NOT LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM I) THE PRODUCTION, THE HUB OR SUBMITTED CONTENT; II) THE USE OR THE INABILITY TO USE OR ACCESS THE HUB, PRODUCTION OR SUBMITTED CONTENT, III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HUB; OR IV) ANY OTHER MATTER RELATING TO THE HUB, THE PRODUCTION OR SUBMITTED CONTENT, IN EXCESS OF THE TOTAL AMOUNT OF CAN$100.00.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE PRODUCTION OR HUB FUNCTIONALITY OR AVAILABILITY OF PRODUCTION INFORMATION, SUBMITTED CONTENT OR BOOSTER COMMENTS AND WE DO NOT GUARANTEE THE CONTINUED AVAILABILITY OR ELECTRONIC STORAGE OF ANY PORTION OF THE PRODUCTION, SUBMITTED CONTENT OR BOOSTER COMMENTS.

AS A VIEWER OR USER OF THE SUBMITTED CONTENT ON THE HUB, YOU UNDERSTAND AND AGREE THAT WE AND THE PRODUCTION PARTNERS ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, COSTS, OR HARM, TANGIBLE OR INTANGIBLE ARISING FROM THE USE OR TRANSMISSION OF THE SUBMITTED CONTENT AND THAT THE PERSON(S) PROVIDING THE SUBMITTED CONTENT IS/ARE RESPONSIBLE AND THAT THE SOLE REMEDY AVAILABLE TO YOU IS REMOVAL OF THE SUBJECT SUBMITTED CONTENT FROM THE HUB.

YOU MAY NOT USE THE HUB, THE SUBMITTED CONTENT OR THE PRODUCTION FOR ANY ILLEGAL PURPOSE, TO MAKE UNSOLICITED OFFERS OR ADVERTISEMENTS, TO IMPERSONATE OR FALSELY CLAIM AFFILIATION WITH ANY PERSON OR ENTITY, TO MISREPRESENT, HARASS, DEFRAUD OR DEFAME OTHERS, TO POST OBSCENE OR UNREASONABLY OFFENSIVE MATERIAL (TO BE DETERMINED AT OUR SOLE DISCRETION), TO NEGATIVELY PRESENT US OR THE PRODUCTION OR FOR ANY COMMERCIAL PURPOSES.