Welcome to Refinery Music Promotions Group Ltd. and Refinery Artist Management Ltd.’s web site (the “Site”). Please carefully review these Terms of Use & Disclaimers (“Terms”). Your use of the Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. Refinery Music Promotions Group Ltd. (“Refinery”) also may make changes to these Terms, which will become effective immediately upon posting to this page. For this reason, we urge you to read these Terms each time you visit the Site. These Terms were last updated on July 25th, 2010.
Terms of Use & Disclaimers
Access to the Site
You may be asked to provide certain information to access the Site or to access some of the resources on the Site. You agree that all of the information you provide on the Site will be correct, current, and complete. Refinery’s use of your personal information is subject to our Privacy Policy. If Refinery believes that the information you provide is not correct, current, or complete, Refinery has the right to refuse you access to the Site or any of its resources and to suspend or terminate your access at any time.
Modifications to Site
Refinery reserves the right to modify or discontinue all or any portion of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Refinery will not be liable to you or any third party in the event that Refinery exercises its right to modify or discontinue the Site, or any portion of the Site. Unless explicitly stated otherwise, any new features of this Site will be subject to these Terms.
Trademark and Copyright Notice
Trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Refinery. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by Refinery is protected by copyright or other proprietary agreements and laws and you are only permitted to use such content as expressly authorized by Refinery. Nothing contained herein transfers any right, title, or interest in the Site or its content to you and all rights not expressly granted herein are reserved. Refinery will enforce its intellectual property rights to the fullest extent of the law.
You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror any images downloaded or obtained from the Site onto another web service, use any meta tags, inline any graphics or distribute any content contained on the Site in whole or in part without the express written permission of Refinery.
Links
The Site may provide links to web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by Refinery. Refinery does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites or for any loss or damage of any sort you may incur from dealing with any third party.
Disclaimer
THE SITE AND ALL CONTENT CONTAINED ON THE SITE, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REFINERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. REFINERY MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS DESCRIBED IN THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. REFINERY WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REFINERY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
IN NO EVENT WILL REFINERY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF REFINERY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Refinery.
Indemnity
You agree to indemnify, defend and hold Refinery, its shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
Void Where Prohibited
The Site and its contents are intended to comply with the laws and regulations in Canada. Although the information on the Site is accessible to users outside of Canada, the information pertaining to Refinery products is intended for use only by residents of Canada. Other countries may have laws that differ from those in Canada. Refinery reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Site is void where prohibited.
General
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination will affect only the portion of the provision determined to be invalid, unenforceable, or void, and will not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Refinery’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms will be governed by and construed in accordance with the laws of British Columbia, Canada. In the event of any conflict between foreign laws, rules and regulations and those of Canada, the laws, rules and regulations of Canada will govern. You hereby consent to personal jurisdiction by the courts located in Vancouver, British Columbia, Canada.
Refinery may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of Refinery.
These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Refinery on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Acknowledgment
By accessing the Site, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
REFINERY MUSIC PROMOTIONS GROUP LTD.
REFINERY ARTIST MANAGEMENT LTD.
#1209 – 207 West Hastings Street
Vancouver, BC
V6B 1H7
PRINCIPAL CONTACT
Ryan D. Thomson
President
PHONE/FAX/EMAIL
(604) 628-1801
(604) 288-7069
ryan@refineryartists.com