PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Terms of Use. This website (the “Site”) is operated by or on behalf of Busk Media Inc. (“BuskFilms”). Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between BuskFilms and you regarding your use of this Site and supersede any prior statements or representations. The Site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.
Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access, or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE, OR IF YOU ARE SIGNING UP FOR AN ACCOUNT THEN BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE,” YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, OPEN AN ACCOUNT WITH BUSKFILMS, OR OTHERWISE USE THE SITE. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, BuskFilms grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
2. Use of Materials. Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall “look and feel” of the Site (collectively referred to as the “Material”), are owned or licensed by BuskFilms and are protected under various intellectual property laws.
Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of BuskFilms, is prohibited. However, if you have an Account (described below) with BuskFilms, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.
3. Your Account; Registration. Before you make any purchases or subscribe to any programs on the Site, you must first establish a customer account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify BuskFilms immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Busk button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.
You also agree that BuskFilms may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that BuskFilms will not be liable to you or to any third party for termination of your access to the Site.
4. Privacy; Personal Information. Please see BuskFilms’ Privacy Policy for information concerning the collection and use of Personally Identifiable Information from this Site. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register for your Account and purchase products or services from our Site. As a condition of registering with our Site or making any purchases of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While BuskFilms takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BUSKFILMS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BUSKFILMS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are nonrefundable.
BuskFilms sells its Films only to those users who can legally make purchases with a credit card. If you are under 19, you may make purchases on the Site only with the involvement of a parent or guardian. The Company reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and BuskFilms reserves the right to collect such taxes or other fees from you at any time. All payments are to be made in United States Dollars (USD).
REFUND POLICY: Refunds on a case by case basis.
6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BuskFilms reserves the right at any time after receipt of your order to accept or decline your order for any reason. BuskFilms further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by BuskFilms upon the completion of the license and delivery of a Digital File, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
7. No Responsibility To Sell Mispriced Products Or Services. BuskFilms shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. BuskFilms shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BuskFilms shall immediately issue a credit to your credit card account in the amount of the charge.
8. Modifications to Prices or Billing Terms. BUSKFILMS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
9. Links. This Site may contain links to other websites that are not controlled and/or maintained by BuskFilms. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of BuskFilms and/or which may provide their users with less security than this Site. By providing such links, BuskFilms shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. BuskFilms is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
10. User Submitted Content. On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that BuskFilms has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and you hereby do grant, BuskFilms and all users of this Site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content in connection with the use and promotion of the Site; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owing to any party as a result of the posting of the User Content or its use in connection with this Site and/or the promotion thereof; (iv) you will be responsible for all User Content submitted through your email address, and for all purposes under these Terms and Conditions, all submissions from your email address shall be deemed to have been submitted by you.
BuskFilms has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms and Conditions and at law or in equity, BuskFilms reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user’s right to use this Site.
Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of BuskFilms, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iv) not provide personal information related to the user submitting such User Content, or solicit such information from any other user of the Site; (v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vii) not contain any material or images owned by any other person or entity unless the user submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (viii) be only for non-commercial purposes.
11. Promotions, Sweepstakes and Contests. On occasion, BuskFilms or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.
12. Copyright Infringement Policy. BuskFilms values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that BuskFilms has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then you may notify us by email: support(at)buskfilms.com
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable BuskFilms to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
13. Trademarks. All trademarks on Buskfilms.com are either trademarks or registered trademarks of BuskFilms or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BuskFilms. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BuskFilms or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BuskFilms. Other trademarks, registered trademarks, product names, and company names or logos displayed on BuskFilms are the property of their respective owners.
14. Additional/Different Terms. Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content may only be made available to users of the Site that consent to BuskFilms’ sharing of their Personally Identifiable Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.
15. Disclaimer of Warranty. BUSKFILMS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BUSKFILMS, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
BUSKFILMS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSKFILM OR THROUGH BUSKFILMS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BUSKFILMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BUSKFILMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. Transmitting, Streaming and Downloading. BuskFilms is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
BuskFilms does not warrant or represent that this Site will meet your requirements, that access or streaming or downloading of Digital Downloads will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
18. Indemnity. You agree to indemnify, defend and hold harmless BuskFilms, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to lawyers’ fees) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify BuskFilms, shall survive beyond any term that these Terms and Conditions are in effect.
19. Electronic Communications. When you communicate with BuskFilms electronically, via email or otherwise, when you set up an Account with BuskFilms, and each time you make a purchase from, or stream or download a Digital Download from, the Site, you consent to receive electronic communications from BuskFilms. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by BuskFilms satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from BuskFilms and wish to opt out, you may send an e-mail to us at support(at)buskfilms.com or follow the opt-out procedures set forth in such marketing e-mails.
20. Changes in Policy. From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site, including any purchases you may make from the Site or any streaming or downloading of a Digital Download from the Site, subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
21. Acquisition of Business. In the event that BuskFilms is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of BuskFilms’ rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, BuskFilms will post a notice to such effect on this Site.
22. Contact Us. If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us at:
Busk Media Inc.
#32 – 39893 Government Rd.
Squamish, B.C V8B0G7
info(at)buskfilms.com
23. Applicable Law/Dispute Procedures. Use of this Site and these Terms and Conditions shall be governed by the laws of British Columbia, without regard to its conflict of law provisions. Any dispute concerning your use of this Site shall be submitted to binding arbitration in British Columbia within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the Commercial Arbitration Act (BC). To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, BuskFilms may at any time seek injunctive or other appropriate relief against you and/or against others, in any provincial or federal court in the province of British Columbia, in the event that BuskFilms believes that you have violated or threatened to violate any of BuskFilms’ intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by BuskFilms of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and BuskFilms’ failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Governing Law: THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF BRITISH COLUMBIA.
Last Updated: October 2010
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