Last Updated: October 23, 2020
STRATFEST@HOME is a subscription service owned and operated by The Stratford Shakespearean Festival of Canada (“Stratford Festival”, “we”, “us” or “our”) that enables subscribers to access Stratford Festival’s digital content (“STRATFEST@HOME content”) streamed over the Internet to Internet-connected TVs, computers and other devices.
Please read these Terms and Conditions carefully as they govern your use of the STRATFEST@HOME service.
As used in these Terms and Conditions, “STRATFEST@HOME service”, “our service” or “the service” means the service provided by the Stratford Festival for watching Stratford Festival’s digital content associated with our service.
1.1. Recurring Subscription. Your STRATFEST@HOME subscription includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of each monthly billing period, unless cancelled in accordance with the instructions for cancellation below. To access STRATFEST@HOME you must have Internet access and a connected device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your subscription more than two standard business days (Monday to Friday, 9 a.m. to 5 p.m.) before your billing date, you authorize the Stratford Festival to charge the subscription fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. Eligibility. You must be at least the age of majority in your jurisdiction of residence to subscribe to the service. The service is provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not subscribe to the service.
2. Billing and Cancellation
2.1. Billing Cycle. The length of your billing cycle is one month. The subscription fee for STRATFEST@HOME and any other charges you may incur in connection with your use of the service (e.g. taxes) will be charged to your Payment Method on confirmation of your subscription and on the same date at the start of each monthly billing cycle (or the following business day, if it falls on a weekend or statutory holiday). In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.
2.2. Payment Methods. To access STRATFEST@HOME content you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3. Updating your Payment Methods. You can update your Payment Methods by leaving a voicemail requesting a callback at 1.800.567.1600. As our voicemail is not secure, please do not leave credit card or payment information details. While our operations remain closed, thank you for your patience in awaiting a return call to collect your updated information on the next business day.
2.4. Cancellation. You can cancel your STRATFEST@HOME subscription at any time, and you will continue to have access to STRATFEST@HOME through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or unwatched STRATFEST@HOME content. To cancel your subscription at any time, email email@example.com or call the Stratford Festival call centre at 1.800.567.1600. We need at least two business days (Monday to Friday, 9 a.m. to 5 p.m.) to process cancellations. A cancellation received within two days of the next billing cycle will be cancelled from the following month onwards.
2.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept a subscription plan or price change, you may cancel your subscription as set out above. If you do not cancel your subscription after the change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your Payment Method for that amount. Where required by law, you may refuse the price change and cancel the service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after we implement the price change.
3.1. Limited Licence. STRATFEST@HOME and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your STRATFEST@HOME subscription we grant you a limited, personal use, non-exclusive, non-transferable, non-assignable, revocable licence to access STRATFEST@HOME and view STRATFEST@HOME content in accordance with these Terms and Conditions. Except for the foregoing, no right, title or interest shall be transferred to you. STRATFEST@HOME content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in such content, are owned by the Stratford Festival, its affiliates and/or other licensors, and is protected by the copyright laws of Canada, as well as other intellectual property laws and treaties. You agree not to use the service for public performances.
3.2. Geographic Availability. You may view STRATFEST@HOME content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
3.3. Content Updates. STRATFEST@HOME, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of STRATFEST@HOME content. We reserve the right to add or delete content and to revise features of the service in our sole discretion.
3.4. Restrictions on Use. You agree to use STRATFEST@HOME, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through STRATFEST@HOME. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections, digital rights management technology or proprietary notices used in connection with STRATFEST@HOME; use any robot, spider, scraper or other automated means to access or copy STRATFEST@HOME content; decompile, reverse engineer or disassemble any software or other products or processes accessible through STRATFEST@HOME; insert any code or product or manipulate the content of STRATFEST@HOME in any way; or use any data mining, data gathering or extraction method. The Stratford Festival may terminate or restrict your use of our service and pursue any remedy available at law or equity, if you violate these Terms and Condition or are engaged in illegal or fraudulent use of the service.
3.5. Internet Access. The quality of the display of STRATFEST@HOME content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD. Default playback settings on cellular networks exclude HD. You are responsible for all Internet access charges. When you access the service through a cellular network, your network or roaming provider’s messaging, data and other rates and fees will apply. Please check with your Internet and cellular providers for information on possible data usage charges. The time it takes to begin watching STRATFEST@HOME content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of the device you are using to access STRATFEST@HOME.
4. Passwords and Account Access
The person who created the STRATFEST@HOME account and whose Payment Method is charged (the “Account Owner”) has access and control over the STRATFEST@HOME account and is responsible for any activity that occurs through their STRATFEST@HOME account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices they use to access STRATFEST@HOME and not reveal the password or details of the Payment Method associated with their account to anyone.
5. Warranties and Limitations on Liability
The STRATFEST@HOME service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You also acknowledge and agree that we do not warrant that the STRATFEST@HOME service or content will be without errors, viruses or other harmful components. You waive all special, indirect, incidental and consequential damages against us to the fullest extent permitted by law. Some provinces, territories and other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6.1. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. Any dispute with regard to these Terms and Conditions or the STRATFEST@HOME service must be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario, Canada.
6.2. Changes to Terms and Conditions and Assignment. The Stratford Festival may, from time to time, change these Terms and Conditions. We will notify you at least 30 days before such changes apply to you. Where required by law, the notice will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. If you do not agree to any change to these Terms and Conditions, you must discontinue using the service. Where required by law, you may refuse the modification and cancel the service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, if the change results in increased obligations to you or a reduction of obligations on us.
6.3. Assignment. These Terms and Conditions and any rights, licenses and privileges granted by these Terms and Conditions, may not be transferred or assigned by you. We may assign or transfer our agreement with you, without restriction or notice to you, including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
6.4. Notices/Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any such electronic communication shall constitute legal written communication in compliance with any and all legal notice requirements, to the greatest extent permitted by applicable law. All notices and other communications to the Stratford Festival under these Terms and Conditions must be in writing and must be delivered either by email to firstname.lastname@example.org or by internationally recognized courier service to: Stratford Festival, PO Box 520, Stratford, ON N5A 6V2, Attention: Administrative Director.
6.5. Non-solicitation Policy. In your feedback or other communications with us, please keep in mind that we do not seek any unsolicited creative ideas, suggestions or materials, or suggested improvements to our content or service (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you provide to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing new content or services.
6.6. Relationship. You acknowledge and agree that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your use of the service.
6.7. Waiver. If you do not comply with these Terms and Conditions, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future).
6.8. Severability. Any provision of these Terms and Conditions which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
6.10. Interpretation. These Terms and Conditions shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms and Conditions into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms and Conditions.
6.11. Language of Terms and Conditions. The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
6.12. Contact Information. If you have any questions or comments about these Terms and Conditions or the STRATFEST@HOME service, please contact us at: email@example.com. For legal notices, please use the contact information in Section 6.4 above.