Terms & Conditions
Last Updated: October 4th, 2021
BY VIEWING VIDEOS, DOWNLOADING OUR SOFTWARE, CREATING AN ACCOUNT, SUBSCRIBING FOR OUR SERVICES, INCLUDING NEWSLETTER, OR OTHERWISE VISITING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO COMPLY AND TO BE BOUND WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE.
If you are an entity other than a natural person, the person who registers the account, subscribes to our services, including newsletter, or otherwise visits or uses our Website must have the authority to bind the entity. In this context, “you” means both the entity and each natural person who is authorized to access the account.
All capitalized terms found in these Terms of Service have the meaning set forth herein below:
We reserve the right in our sole discretion to revise and update these Terms of Service from time to time. Any and 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 the terms and conditions in order to be aware of any such modifications. YOUR CONTINUED USE OF THE WEBSITE SHALL BE YOUR ACCEPTANCE OF MODIFICATIONS TO TERMS OF SERVICE.
The information, content and material on the Website may be changed, withdrawn, or terminated at any time in our sole discretion, without notice.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 Users or unavailable at any time or for any period of time.
Subject to the terms hereof, we grant you access to our Website, including, but not limited to, the right to:
The security of your Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
However, the safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Website and are required to ensure that all persons who access the Website through a User's Internet connection are aware of these Terms of Service and comply with them. The Website, including content or certain areas of the Website, may require User registration.
UNFORTUNATELY, THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. ALTHOUGH WE DO OUR BEST TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF INFORMATION TRANSMITTED TO OUR WEBSITE. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK AND PERIL. WE ARE NOT RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE.
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 this 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 identifiers in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.
YOU ARE PROHIBITED FROM ATTEMPTING TO CIRCUMVENT AND FROM VIOLATING THE SECURITY MEASURES OF THIS WEBSITE, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security 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 our ability to monitor the Website; (f) using any robot, spider, 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 attack, distributed denial-of-service attack, flooding, mail bombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Amatrix, its licensors, or other providers and creators of such featured content and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secrets, and any other proprietary rights.
The Amatrix company name, the Amatrix trademark, the Amatrix logo, and all related names, logos, product and service names (including musicprime.tv), designs, images, and slogans are trademarks of 12259443 Canada Inc. or its affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized by us, shall constitute an infringement or violation of the rights of the intellectual 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. 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 videos or other content and materials on our Website, in any form or medium whatsoever except:
Users are not permitted to modify copies of any videos, content or materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.
If you print off, copy or download any part of our content or Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Amatrix and, where applicable, by other providers and creators of content. Any use of the Website not expressly permitted by these Terms of Service is a breach hereof and may infringe or violate copyright, trademark, and other intellectual property rights or other proprietary laws.
As an essential condition of your access to and use of the Website, you agree and undertake that you will use the Website only for lawful purposes and in accordance with these Terms of Service.
The following standards apply to any and all content, material, and information a User submits, posts, publishes, displays, or transmits (collectively, "Submit") to the Website, to other Users or other persons (collectively, "User Submission") and to any and all Interactive Functions. All User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submission shall not:
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you may Submit to the Website will be subject to any confidentiality undertakings by Amatrix. By providing any User Submission to the Website, you grant to us and to our affiliates and service providers, and to each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting a User Submission, you declare and warrant that you own or have the necessary rights to Submit the User Submissions and have the right to grant the licence thereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions standards set out in Section 7 of these Terms of Service.
You understand and agree that you, not Amatrix nor Amatrix's affiliates nor each of our nor their respective directors, officers, employees, agents, subcontractors, independent contractors, counsel, licensors, licensees, suppliers or successors (collectively, the “Amatrix Parties”), are fully responsible for any User Submission you Submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submission that you or any other User Submits to the Website.
Amatrix has the right, without any provision of notice to you to:
YOU WAIVE AND HOLD HARMLESS AMATRIX AND AMATRIX PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMATRIX AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER AMATRIX OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other Users may Submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws.
The content on our Website is provided for entertainment purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from taking, any action or inaction on the basis of the content on our Website.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE, OR UP TO DATE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND PERILS AND NEITHER AMATRIX NOR AMATRIX PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THIS WEBSITE.
This Website includes content provided by third parties, including from other Users and third-party licensors. All statements and opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing such content. Such content does not necessarily reflect our opinion(s). NEITHER AMATRIX NOR AMATRIX PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU, OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY MATERIALS.
For the purposes of this Section, “Processing” of Personal Information means any operation or set of operations performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk and peril. 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 such websites. We are not responsible for providing customer service with respect to third-party sites.
Links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms of Service and User Submission standards set forth in Section 7 hereof. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
We are based in the Province of Quebec in Canada. We provide this Website for worldwide use; however this Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE 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.
NEITHER AMATRIX NOR AMATRIX PARTIES 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 AMATRIX NOR AMATRIX PARTIES 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, 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 DOWNLOADING 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, MAIL BOMBING, 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAW UNDER NO CIRCUMSTANCE WILL AMATRIX OR AMATRIX PARTIES BE LIABLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, 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, 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 Amatrix and Amatrix Parties 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 these Terms of Service or your use of the Website, including, but not limited to, your User Submission, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service.
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and these Terms of Service will be instituted in the courts of the Province of Quebec or the Federal Court of Canada, in the judicial district of Montreal, Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. 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 these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Website is operated by 12259443 CANADA INC.
All notices of copyright infringement claims should be sent to the copyright agent at:
12259443 CANADA INC.
Attn: Copyright Agent
Montréal (Québec) H4C 2C7
Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to us at: email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.