ArtistDefense Website Terms of Use

Last Updated: January 17, 2017

1. Terms of Use

By accessing or utilizing www.artistdefense.com (the “Website”), you accept this legally binding agreement (the “Website Terms”). The Website Terms constitute a legal agreement between you as a user of the Website (“you”) and ArtistDefense Inc. (“ADI”). For the purposes of the Website Terms, “ADI” incorporates by reference ADI and ADI’s parent, subsidiary and affiliated companies. Please read the Website Terms completely before using the Website. If you access the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference.

ADI reserves the right to change the Website Terms at any time without notice. It is your responsibility to review the Website Terms regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Website Terms as modified.

If you do not wish to be bound by the Website Terms, kindly do not use the Website. If you are using the Website on behalf of any entity or third party, you further represent and warrant that you are authorized to accept these Website Terms on their behalf, and that such entity or third party agrees to indemnify ADI for any violation of these Website Terms.

2. Ownership of Website and Content

The Website is owned and operated by ADI. The materials used and displayed on the Website, including, but without limitation, the images, text, articles, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the “Content”) is the property of ADI or ADI’s licensors or clients, and is protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of ADI.

3. Permitted Use of this Site and User Conduct

The Website is expressly created for informational purposes primarily for the benefit of ADI’s clients and parties who have received communications from ADI. Using the Website or the Content other than for its intended purposes is prohibited.

Without limiting the generality of the foregoing, you are prohibited from:

(a) using any data mining, robots or similar data and/or image gathering and/or extraction methods in connection with the Website of the Content;

(b) reverse engineering the Website or any of the Content;

(c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology;

(d) removing any rights management information (RMI) contained in the Content, including without limitation, metadata, attribution information, copyright notices or watermarks;

(e) using the Website to abuse, harass, threaten, impersonate or intimidate any person;

(f) using the Website to post or transmit, or cause to be posted or transmitted, any Content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or any right of any person;

(g) using the Website for any purpose that violates the laws of the jurisdiction in which you are using the Website;

(h) using the Website to post or transmit, or cause to be posted or transmitted, any communication designed to obtain password, account or personal information from any Website user;

(i) using the Website to create or transmit unwanted “spam”;

(j) using the Website to advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior express consent; or

(k) using the Website other than for its intended purposes.

The Website and Content are provided for general information purposes only and nothing that appears on the Website constitutes legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting legal counsel regarding any specific legal issues. Any Content published on this Website is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.

5. General Disclaimer

Use of the Website and any Content is at your sole risk. Except as otherwise stated in these Website Terms, the Website and any Content are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. ADI makes no representations or warranties that the use of the Website will be uninterrupted or error-free.

6. Limitation of Liability

In no event will ADI be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or Content, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Content whether based on contract, tort, strict liability or otherwise.

7. Indemnity

You will indemnify and hold harmless ADI and ADI’s licensors, and their respective directors, officers, agents and employees, from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website and/or Content or any act or omission by you which results in: (a) loss, damage, interference with or disruption to, the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.

8. Governing Law

The Website Terms and any dispute arising from or in relation to the Website Terms will be governed by, construed, interpreted and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada (excluding the application of its conflicts of law rules), and the parties submit to the exclusive jurisdiction of the Superior Court of Justice in the Province of Ontario or the Federal Court of Canada, both located in Toronto, Ontario, Canada, for the purpose of all legal actions arising out of or relating your use of the Website, Content and/or any dispute arising from or in relation to the Website Terms.

9. Privacy Policy

ADI recognizes the importance of your right to privacy and the sensitivity of personal information. Our Privacy Policy, which is incorporated into the Website Terms, outlines the personal information we collect, how we manage your personal information and how we safeguard your privacy.

10. Minors

The Website is only available to authorized representatives of legal entities and to individuals who are at least 18 years old.

11. Trademarks

All trade names, trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Website are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.

12. Linked Websites

Links to other websites are provided for your convenience of reference only and do not necessarily constitute an endorsement by ADI. ADI makes no representation or warranty with respect to the content, practices or reliability of any linked website.

13. Headings

Any headings included in the Website Terms have been inserted for convenience of reference only and do not affect the Website Terms in any way.

14. Severability

If any provision of the Website Terms violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of these Website Terms will remain in force.

15. Contact Information

Any questions about ADI or the Website Terms should be directed to:

ArtistDefense Inc.
3 Concorde Gate, 4th Floor
Toronto, Ontario
Canada M3C 3N7
Telephone: +1 416 929 5552
email: info@artistdefense.com


© 2017 ArtistDefense Inc. All rights reserved.