Last Modified : July 8, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PORTION OF THE WEBSITE THE INDIVIDUAL ACCESSING OR USING THE WEBSITE ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO THE TERMS AND CONDITIONS FOUND HEREIN. IF YOU DO NOT AGREE, YOUR ONLY CHOICES ARE TO NOT USE THE WEBSITE, LEAVE IMMEDIATELY, AND STOP INTERACTING WITH US. PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Thank you (“you”, “your”, “User”) for viewing these Terms of Service (“Agreement”).
Marigold Music Inc. (“Company”, “we”, “us”, “our”, “YALETOWN RECORDS”) is a record label from Vancouver, British Columbia that provides recording, production, management, agency, and merchandise services in the music sector, and provides the Intellectual Property (as defined below), and provides the Website (as defined below), together, the “Services”.
We operate and provide the products, services, information, content, data, and Intellectual Property at our website at www.yaletownrecords.com (the “Website”).
These Terms of Service interacts with, and are subject to, and, where reasonably applicable, User is subject to and provides agreement and consent to our Privacy Policy and our Online Sales Terms.
Through continued use or viewership of the Website and the use or consumption of our Services you agree to be bound by this Agreement, which constitutes a legal contract entered between YALETOWN RECORDS and User.
If you are using the Website on behalf of a company or organization, you represent that you have authority to act on behalf of that entity and provide consent and acceptance for that entity, and that such entity accepts this Agreement.
The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Website and the conditions that may apply to your use of the Website.
If this Agreement or any terms of this Agreement are unacceptable to you, you must cease using the Website immediately.
YALETOWN RECORDS reserves the right, in our sole discretion, to revise and update this Agreement and any aspect of the Website from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review this Agreement to be aware of any such modifications and your continued use shall denote your acceptance.
The Website, assets, copy, information, material, and other Intellectual Property (as defined herein) on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to User or unavailable at any time or for any period.
By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with YALETOWN RECORDS and meet all the eligibility requirements. Anyone under the age of 18 is prohibited from using the Website without being accompanied and monitored by an adult who has full responsibility for ensuring compliance with this Agreement. If you do not meet all these requirements, you must not access or use the Website.
The owner of the Website is based in British Columbia, Canada. We provide the Website and Services for use only by persons located in British Columbia, Canada. The Website and Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or Services from outside British Columbia, Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
The security of your personal information is important to us and we use various measures to secure your personal information from accidental loss and unauthorized use. However, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through User's internet connection, hardware, or software, are aware of and comply with this Agreement.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to YALETOWN RECORDS. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy, security, or technology protection measure contained on the Website.
The Website may from time to time contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services.
Any submissions you make to the Website through any functionality you share information including through a form, drop box, upload field, e-mail, registration, profile, or other similar functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with this Agreement and our Privacy Policy, linked above in the Introduction.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.
You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content, data, functionality, or intellectual property that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting YALETOWN RECORDS’ ability to monitor the Website; (f) using any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service (DOS) attack, distributed denial-of-service (DDOS) attack, flooding, mailbombing, or crashing; (i) attempting to lure other Users off the Website or using the Website in connection with the distribution of unsolicited commercial messages; (j) copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Website in any way that is inconsistent with our Privacy Policy, or other agreement that applies to you linked above in the Introduction, or this Agreement, or that otherwise violates the privacy rights of users or third parties, and (k) otherwise attempting to interfere with the proper working of the Website.
You understand and agree that all intellectual property belonging to YALETOWN RECORDS, including all copyrights, trademarks, trade secrets, and moral rights, including the Website and its entire contents, features, and functionality, including, all information, files, content, materials, software, code, metadata, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, design elements, presentation, website or platform layout, selection, and arrangement, or any related derivatives or spinoffs (“Intellectual Property”), are the sole property of YALETOWN RECORDS, its licensors, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, trade secret, or any other proprietary rights; and all rights not expressly granted are reserved by YALETOWN RECORDS.
YALETOWN RECORDS, and all related names, logos, product and service names, designs, images, and slogans are trademarks of YALETOWN RECORDS or its affiliates or licensors. You must not use such marks without the prior written permission of YALETOWN RECORDS. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use unless you have received express consent from YALETOWN RECORDS. You shall not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever; except your computer or browser may temporarily store or cache copies of materials being accessed and viewed and you may make temporary copies of information for your personal use.
You have no right, title, or interest in or to the Website or to any materials or content on the Website or any Intellectual Property other than such materials belonging to you that you uploaded to or published on the Website.
Any use of the Website or Intellectual Property not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws, or the rights of YALETOWN RECORDS or a third party.
Users are not permitted to modify copies of any materials, content, data, or Intellectual Property on the Website nor delete or alter any copyright, trademark, or other proprietary rights notices, including watermarks and author credits. You must not access or use for any commercial purposes any part of the Website, Intellectual Property, or materials made of any third parties, including other users, or other user’s User Submission (as defined herein), as found or made available through YALETOWN RECORDS or on the Website.
If you print, copy, download, transmit or distribute any part of our Website or YALETOWN RECORDS’ Intellectual Property or the intellectual property of a third party in breach of this Agreement or a third party agreement, your right to use and access the Website, Intellectual Property, and Services will cease immediately and you must, at our option, return or destroy any copies of the material, content, data, or intellectual property that you printed, copied, downloaded, transmitted, or distributed.
You warrant and swear that you have all required rights, consents, and authorizations to use, upload, publish, and make available all content, data, text, images, materials, files, copy, images, audio, audiovisual materials, and/or other information or data that User uses, uploads, publishes, or makes available on the Website, including all instructions, documents, information, files, designs, specifications, graphics, images, audiovisual materials, logos, trademarks, written content, form submissions, profile details, posts, publications, registration details, comments, direct messages, reviews, product or service details, or transaction details (each a “User Submission”).
As a condition of your access to and use of the Website you agree that you may use the Website only for lawful purposes and in strict compliance with this Agreement, and in strict compliance with our Privacy Policy and Online Sales Terms.
Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and relevant third-party terms of service and use.
If User is registering for the Website, User must register and operate on the Website using their legal names and information. By registering for the Website, you hereby warrant and represent that the information you provide YALETOWN RECORDS during the registration process or updated after registration is accurate, complete, and up-to-date. If any User Submission becomes inaccurate or incomplete after submission, the User hereby agrees to update the User Submission as soon as reasonably practical.
Without limiting the foregoing, you represent and warrant and agree that your use of the Website and Intellectual property and any User Submission shall not involve, provide, or contribute any false, inaccurate, or misleading information. User Submission shall not impersonate or attempt to impersonate any other person or entity, nor shall it in any manner violate the terms of use of any third-party website linked to the Website.
No User Submission shall include any material that is harmful, abusive, discriminatory, or otherwise objectionable, such determination to be made in YALETOWN RECORDS’ sole discretion.
You acknowledge that YALETOWN RECORDS has no obligation to monitor the access to or use of the Website by any specific user or to review, disable access to, or edit any User Submission, but have the right, option, and discretion to do so to operate, secure, and improve the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); to ensure your compliance with this Agreement; to comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; to respond to User Submissions that we determine are harmful or objectionable; or as otherwise set forth in this Agreement.
WE RESERVE THE RIGHT TO UNPUBLISH, HIDE, OR REDUCE THE VISIBILITY OF ANY USER SUBMISSION AND/OR DEACTIVE OR MAKE PRIVATE USER’S ACCOUNT AT ANY TIME, INCLUDING, BUT NOT LIMITED TO, IF YOU ENGAGE IN ANY CONDUCT THAT WE BELIEVE, IN OUR SOLE DISCRETION, IS ABUSIVE, THREATENING, DISHONEST, VIOLENT, HATEFUL, DISRESPECTFUL, OFFENSIVE, OR OTHERWISE DISRUPTIVE TO OUR COMMUNITY, CLIENTS, USERS, NETWORK, OR THE PUBLIC, OR IN BREACH OF THIS AGREEMENT OR INFRINGING ON THE RIGHTS OF US OR A THIRD PARTY.
Without limiting any license or royalty agreement executed between User and YALETOWN RECORDS, which shall prevail if there are conflicts with these Terms of Service, by submitting any User Submission, you grant us the right to a world-wide, royalty free, irrevocable license to use, perform, and display any such material in our portfolio and for organic usage on our website, social media, and marketing channels, including User’s trademarks and image and likeness as needed for use in our portfolio and for organic usage. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
You understand and agree that you, not YALETOWN RECORDS nor YALETOWN RECORDS’ subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are responsible for any User Submission you submit, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, its truthfulness, and your right to use, make public, and publish it.
YALETOWN RECORDS shall in no instance be considered or treated as the author, publisher, or speaker of any User Submission or other information provided by or made public by User or any other user of the Website.
YALETOWN RECORDS is not responsible or legally liable to any party for any User Submission, or the User Submission's accuracy or truthfulness, or a User’s right to use and make such User Submission public.
YALETOWN RECORDS shall not be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of User Submissions that YALETOWN RECORDS considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected, or take any action to enable, disable, make available, or make private any User Submission.
Without limiting anything in this Agreement, YALETOWN RECORDS has the right, without provision of notice to: remove or refuse to post on the Website any User Submission for any or no reason in our sole discretion; at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion; take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Website; fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Agreement; and remove, make private, or decrease the visibility of your User Submission or profile.
YOU WAIVE AND HOLD HARMLESS YALETOWN RECORDS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY YALETOWN RECORDS AND ANY OF THE FOREGOING PARTIES, INVESTIGATIONS BY EITHER YALETOWN RECORDS OR SUCH PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.
WE HAVE NO OBLIGATION, NOR ANY RESPONSIBILITY TO ANY USER TO MONITOR THE WEBSITE OR ITS USE, AND DO NOT AND CANNOT UNDERTAKE TO REVIEW ANY USER SUBMISSION. WE CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN PUBLISHED AND WE SHALL HAVE NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER, SUBJECT TO APPLICABLE LAWS. FOR REMOVAL OF CONTENT PLEASE SUBMIT NOTICE TO YALETOWN RECORDS IN ACCORDANCE WITH THE NOTICE PROVISION AT THE END OF THIS AGREEMENT.
The content on the Website is provided for general information purposes only. It is not intended to amount to professional or other advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the information on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither YALETOWN RECORDS nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Website.
The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by YALETOWN RECORDS, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials or User Submissions do not reflect the opinion of YALETOWN RECORDS.
YALETOWN RECORDS or its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors shall not have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials, including any User Submission.
Without limiting our Privacy Policy, by using the Website, you provide YALETOWN RECORDS express consent and acceptance to our privacy policies and practices, including our use of cookies, data collection, data retention, data usage, data disclosure, marketing, anti-spam and advertising, and all our policies and practices otherwise listed in our Privacy Policy, linked in the introduction section of this Agreement.
By using the Website, and/or by entering into any transaction with YALETOWN RECORDS for products or services sold on the Website, you agree with YALETOWN RECORDS’ Online Sale Terms, linked in the introduction section of this Agreement.
For your convenience, YALETOWN RECORDS may provide links, connections, or pointers to third-party sites. We make no representations about any other websites that may be accessed from YALETOWN RECORDS. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Any hyperlink in this Agreement is provided for convenience only and is subject to change from time to time as the server, data, or destination changes, or as posts or pages are taken down or moved, and the parties agree that a wrong or missing hyperlink shall not affect the interpretation or enforcement of this Agreement.
Any prices listed on the Website are in Canadian dollars. All prices, unless otherwise specified, are exclusive of GST, HST, or other applicable taxes. Unless otherwise specified, GST, HST, or any other applicable taxes, need not be included in any quote, and may be added to the bill at the time of executing the transaction.
By entering into this Agreement, and/or making any positive action to denote your consent to or acceptance of this Agreement, including by checking any checkbox next to a form or interactive function on this website, or entering, submitting, or executing any form or interactive function on this website, you acknowledge and agree that you provide us express consent to send you any Commercial Electronic Message (“CEM”) or other communication, for commercial and other promotional purposes; and you agree to be added to our mail list until and when you provide us written notice that you wish to unsubscribe.
During your use of the Website and/or Services and for a period of two (2) years thereafter, User shall not make or publish any public statements, distributions, transmissions, posts or pages that YALETOWN RECORDS, in its sole discretion, would find offensive, lewd, inflammatory, disparaging, or hateful, either to YALETOWN RECORDS or any of YALETOWN RECORDS’ clients, or that would reasonably tend to bring YALETOWN RECORDS, its products, brands, or services into disrepute.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES IS AT YOUR OWN RISK.
WITHOUT LIMITING OUR ONLINE SALE TERMS, THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHOUT LIMITING OUR ONLINE SALE TERMS, NEITHER YALETOWN RECORDS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER YALETOWN RECORDS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
UNDER NO CIRCUMSTANCE WILL YALETOWN RECORDS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless YALETOWN RECORDS, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement and/or your use, access to, or consumption of the Website, Intellectual Property, or Services, including, but not limited to, any User Submission, third-party sites, your unauthorized use, download, sale, or transmission of a third party’s property, or your infringement or breach of a third party’s rights or a third party agreement or this Agreement.
The Website and this Agreement will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to the Website and under this Agreement will be instituted in the courts of British Columbia and/or the Federal Court of Canada, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement, our Privacy Policy, and our Online Sale Terms, constitute the sole and entire Agreement between you and YALETOWN RECORDS regarding the use of and access to the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written, oral, or inferred from conduct, regarding such subject matter.
Marigold Music Inc. is a corporation duly incorporated in British Columbia, Canada with a business address of 704 – 501 Pacific Street Vancouver, BC V6Z 2X6.
All notices and communications to YALETOWN RECORDS shall be delivered in writing via email to:
Marigold Music Inc.
Attention: Privacy Officer
All notices and communications to User shall be delivered to User in writing via email to the email address they used to contact YALETOWN RECORDS and/or the email address we have on file for User.
If submitting a notice, complaint or request to withdraw consent or remove your account, content, data, or information from the Website, please particularize and substantiate all information and evidence YALETOWN RECORDS needs to comply with such notice, complaint or request, including to comply with all relevant rules, regulations, and our Privacy Policy, within TEN (10) days of the circumstances of such notice, complaint, or request being made known to User.
If you believe that someone is, through the use of our Website/Platform, unlawfully infringing the copyrights or trademarks belonging to you or someone else, and you wish to have the allegedly infringing material removed, send the following information to us at the email above: identification of the copyrighted work(s) or trademark(s) that you claim to have been infringed, including hyperlinks and screenshots; identification of the material on our services that you claim is infringing and that you request us to remove, including hyperlinks and screenshots; sufficient information to permit us to locate such material; a statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under the law; a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the intellectual property that has allegedly been infringed or that you are authorized to act on behalf of the owner; your address, telephone number, and e-mail address; and your physical or electronic signature.
Copyright © 2024 Yaletown Records - All Rights Reserved.
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