Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Hex After Dark Film Festival (“Hex After Dark,” “we,” “us,” or “our”), a film festival organization with its principal place of business at 229 18 Ave NE, Calgary, Alberta, T2E 1N3, Canada. These Terms govern your access to and use of our website located at https://www.hexafterdark.lol, any subdomains, mobile-optimized versions, related digital platforms, ticketing services, film submission portals, and all in-person events, screenings, workshops, and activities organized or produced by Hex After Dark (collectively, the “Services”).

By accessing, browsing, registering for, purchasing from, submitting content to, or attending any aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, along with our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in such case, references to you shall include that organization. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the updated Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the modified Terms.

2. Eligibility

The Services are intended solely for individuals who are at least eighteen years of age, or the age of majority in their jurisdiction of residence, whichever is greater. By using the Services, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract. Individuals between the ages of thirteen and eighteen may access certain publicly available content on our website with the consent and supervision of a parent or legal guardian, who shall be deemed responsible for the minor’s compliance with these Terms. Certain festival events may be designated as all-ages; however, minors attending such events must be accompanied by a responsible adult at all times. We reserve the right to request proof of age at any time and to deny access to the Services or any event to individuals who do not satisfy our eligibility requirements.

3. Ticket Purchases and Event Attendance

3.1 Ticket Sales

All ticket purchases for Hex After Dark events are subject to availability and are processed through our designated ticketing partners. By purchasing a ticket, you agree to pay all applicable fees, taxes, and service charges in addition to the face value of the ticket. All prices are listed in Canadian Dollars (CAD) unless otherwise explicitly stated. We reserve the right to change ticket prices, availability, event dates, venues, and programming at any time without prior notice. In the event of a material change to an event, we will make reasonable efforts to notify ticket holders and offer appropriate remedies, which may include a refund, exchange, or credit toward a future event, at our sole discretion.

3.2 Refunds and Cancellations

Unless otherwise specified at the time of purchase or required by applicable law, all ticket sales are final and non-refundable. In the event that Hex After Dark cancels an event in its entirety, ticket holders will be entitled to a refund of the face value of their tickets, excluding any service charges or processing fees imposed by third-party ticketing platforms. Refunds for postponed or rescheduled events will be governed by the policies communicated at the time of announcement. Force majeure events, including but not limited to natural disasters, severe weather conditions, public health emergencies, government restrictions, civil unrest, or any other circumstances beyond our reasonable control, may result in event modification, postponement, or cancellation, and our liability in such cases shall be limited to the refund policy stated herein.

3.3 Event Code of Conduct

All attendees of Hex After Dark events are expected to behave in a respectful and lawful manner at all times. We maintain a zero-tolerance policy toward harassment, discrimination, violence, threats, intoxication, disruption of events, unauthorized recording, and any other conduct that interferes with the safety or enjoyment of other attendees, staff, filmmakers, or venue personnel. We reserve the right to refuse admission, eject any person from an event without refund, and ban individuals from future events for violation of this code of conduct. Attendees consent to reasonable security measures, including but not limited to bag checks and the use of metal detectors, as determined by venue policies. You agree to comply with all applicable laws, venue rules, and our instructions while attending any Hex After Dark event.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services and all content, features, and functionality contained therein, including but not limited to the Hex After Dark name, logos, trademarks, service marks, trade dress, website design, text, graphics, photographs, videos, audio, software, code, and arrangement thereof (collectively, the “Hex After Dark Content”), are owned by Hex After Dark, its licensors, or other content providers and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Hex After Dark Content without our express prior written consent, except as expressly permitted by these Terms or applicable law.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes. You may view, download, and print pages from our website for your personal reference, provided that you retain all copyright and proprietary notices intact. This license does not include any right to: resell or commercially use any part of the Services; collect or use any product listings, descriptions, or pricing; make derivative uses of the Services or their contents; download or copy account information for the benefit of another party; use data mining, robots, or similar data gathering and extraction tools; or frame, mirror, or otherwise simulate the appearance or function of our website on any other platform.

5. User-Generated Content and Film Submissions

5.1 Submissions Generally

In the course of using the Services, you may have the opportunity to submit materials to Hex After Dark, including but not limited to film entries, screenplays, reviews, comments, suggestions, ideas, feedback, photographs, biographical materials, and other content (collectively, “User Content”). By submitting User Content, you grant Hex After Dark a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, distribute, publicly display, publicly perform, modify, adapt, and create derivative works from such User Content in connection with the operation, promotion, and improvement of the Services and the festival, in any media formats and through any media channels, without further notice, attribution, or compensation to you, unless otherwise agreed in a separate written agreement signed by both parties.

5.2 Film Submissions

Film submissions to the Hex After Dark Film Festival are governed by the official submission guidelines published on our website or on the platform through which you submit your work. In addition to these Terms, by submitting a film for consideration, you agree to the specific rules, eligibility requirements, deadlines, and terms set forth in the submission guidelines for the relevant festival edition. You represent and warrant that you own or control all rights, including all copyright and trademark rights, in the submitted film and all elements therein, including music, images, and any third-party content, or that you have obtained all necessary licenses, permissions, and clearances to submit the film and to grant the rights contemplated in these Terms and the submission guidelines.

5.3 Representations and Warranties Regarding User Content

By submitting User Content, you represent and warrant that: the User Content is your original work or you have all necessary rights for its submission and the grant of rights hereunder; the User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party; the User Content does not contain any material that is unlawful, defamatory, obscene, threatening, harassing, hateful, or otherwise objectionable; and the User Content does not contain viruses, malware, or other harmful code. You are solely responsible for all User Content you submit, and Hex After Dark assumes no liability for any User Content posted or submitted by you or any third party.

6. Prohibited Conduct

In connection with your use of the Services, you agree not to engage in any of the following prohibited activities:

• Illegal Activity: Violating any applicable local, provincial, national, or international law, regulation, or ordinance.
• Unauthorized Access: Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
• Security Breaches: Attempting to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures without proper authorization.
• Interference: Interfering with or disrupting the Services, servers, or networks connected to the Services, including by transmitting viruses, overloading, flooding, spamming, or mail-bombing.
• Impersonation: Impersonating or misrepresenting your affiliation with any person or entity, including Hex After Dark, its employees, or any other user.
• Harassment: Harassing, abusing, stalking, threatening, defaming, or otherwise infringing or violating the rights of any other person.
• Scraping: Using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Commercial Misuse: Using the Services for any commercial purpose not expressly authorized by Hex After Dark, including soliciting users for commercial ventures.
• Intellectual Property Infringement: Uploading, posting, or transmitting any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party.
• Circumvention: Attempting to circumvent any content-filtering techniques we employ or attempting to access areas of the Services you are not authorized to access.

We reserve the right, but have no obligation, to monitor and investigate any activity that we suspect violates these Terms or applicable law. We may suspend, terminate, or restrict your access to the Services, remove any User Content, and take any legal action we deem appropriate in response to violations.

7. Third-Party Links and Services

The Services may contain links to third-party websites, advertisements, services, ticket platforms, payment processors, social media integrations, or other resources that are not owned or controlled by Hex After Dark. We do not endorse, monitor, or assume responsibility for any third-party content, privacy policies, or practices. You acknowledge and agree that Hex After Dark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services. We strongly encourage you to read the terms of service and privacy policies of any third-party service you access from our platform.

8. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND FUNCTIONALITY PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEX AFTER DARK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HEX AFTER DARK MAKES NO WARRANTY THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; OR THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEX AFTER DARK OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEX AFTER DARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS, PARTNERS, VENUES, AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF HEX AFTER DARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HEX AFTER DARK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HEX AFTER DARK IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE THE TERMINATION OF THESE TERMS.

10. Indemnification

You agree to defend, indemnify, and hold harmless Hex After Dark, its directors, officers, employees, agents, affiliates, sponsors, partners, venues, licensors, and content providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: your violation of these Terms; your use of the Services; your User Content, including any claim that your User Content infringes, misappropriates, or violates any third-party right; your conduct at any Hex After Dark event; or your violation of any applicable law or the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any such claim without our prior written consent.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would result in the application of any law other than that of Alberta.

11.2 Informal Resolution

Hex After Dark values its relationship with its users and encourages amicable resolution of disputes. Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at info@hexafterdark.lol with a written description of your claim. Both parties agree to negotiate in good faith for a period of at least sixty days from the date of such notice before resorting to other dispute resolution mechanisms.

11.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved through informal negotiation shall be finally settled by binding arbitration administered by the Canadian Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Calgary, Alberta, by a single arbitrator appointed in accordance with the said rules. The arbitration shall be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Termination

We may terminate or suspend your access to the Services, in whole or in part, immediately and without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability. If you wish to terminate your relationship with us, you may simply discontinue using the Services. Any fees paid prior to termination are non-refundable except as expressly provided in these Terms or required by applicable law.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein or agreed to in writing between the parties, constitute the entire agreement between you and Hex After Dark concerning the subject matter hereof and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral, between you and Hex After Dark with respect to the Services.

13.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ original intent as closely as possible, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver by Hex After Dark of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Hex After Dark to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Hex After Dark may freely assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

13.5 Force Majeure

Hex After Dark shall not be held liable for any delay or failure to perform obligations under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, government orders, war, terrorism, riots, embargoes, strikes, labor disputes, utility failures, telecommunications failures, or internet disruptions.

13.6 Notices

All notices to Hex After Dark under these Terms must be in writing and delivered via email to info@hexafterdark.lol or by registered mail to our physical address at 229 18 Ave NE, Calgary, Alberta, T2E 1N3, Canada. Notices to you may be provided via email to the address you have provided, by posting on our website, or through other reasonable means. Notice shall be deemed given twenty-four hours after email is sent, or five business days after the date of mailing for postal notices.

14. Contact Information

For questions, concerns, or feedback regarding these Terms of Service, please contact us using any of the methods listed above. We welcome your input and will endeavor to respond to all inquiries within a reasonable timeframe. These Terms are effective as of the date set forth at the top of this document and apply to all users of the Services from that date forward.

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