1. Acceptance of Terms
By listing, selling or presenting an event on this ESMS, you hereby declare that you have read, understood and agree to be bound by the Terms and any changes that may be made to them. ARTSCAST.ca reserves the right, at its sole discretion and without prior notice, to update, modify, add or delete any provisions of the Terms. If ARTSCAST.ca makes changes to the Terms, such changes will be effective immediately. The Event Organizer’s continued use of the ESMS after such date is deemed as an acceptance of the changes to the Terms by the Event Organizer. The Event Organizer has full responsibility to periodically verify the Terms and to be aware of any changes that might be made to them.
2. Your Account
To list, sell or present an event on this ESMS, the Event Organizer must register an account. The Event Organizer is solely responsible for maintaining the confidentiality and security of the information of their account and must not disclose this information to anyone. The Event Organizer is fully responsible for the activities that occur on their account and the Event Organizer agrees to notify ARTSCAST.ca in the event that the security or confidentiality of their account is compromised. ARTSCAST.ca will not, at any time, be liable for damages and losses resulting from the unauthorized use of the Event Organizer’s account.
The Event Organizer agrees to disclose and provide information that is complete, accurate and truthful when such information must be disclosed or transmitted. You agree that ARTSCAST.ca can use this information to keep updated billing information related to the account of the Event Organizer.
3. Code of Conduct
By listing, selling or presenting an event on this ESMS, the Event Organizer agrees to:
- Not use the ESMS in a way that may violate the Terms;
- Not use the ESMS in a way that may violate the intellectual property rights of third parties or ARTSCAST.ca;
- Not use the ESMS in a way that could spread spam, including but not limited to unsolicited advertising or mail or e-mail messages in bulk, including a link to a spam website;
- Not use the ESMS in a way that could spread computer viruses, trojan horses, worms or any other computer code, files or malicious malware or not, that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment of any kind whatsoever belonging to ARTSCAST.ca or a third party, or to damage or obtain unauthorized access to system, data, passwords, or other sensitive information on ARTSCAST.ca, and information on other users of the ESMS;
- Not (a) interfere or attempt to interfere with the proper functioning of the ESMS or any activity being conducted on the ESMS; (b) bypass any measures that ARTSCAST.ca could use to prevent or restrict access to the ESMS or any element thereof; (c) use manual or automated software, devices, or other processes to "crawl" or use the "spider" on any page of the ESMS; or (d) engage in web harvesting or web scraping of any content of the ESMS;
- Use ESMS in accordance with all local, state, provincial, national and international laws;
- Not (a) submit, post or deliver, in any way, content that harasses, victimizes, degrades, or intimidates an individual or individuals on any basis, including but not limited on the basis of religion, race, sex, sexual orientation or disability; nor (b) submit, post or deliver defamatory content;
4. Intellectual Property
The content, arrangement and layout of the ESMS, including, but not limited to trademarks, photographs, images, text (as plain text, HTML or PDF) and computer code are the property of ARTSCAST.ca, either by an ownership title or through a license agreement, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or used without the written permission of ARTSCAST.ca, which may be withheld at its sole discretion. Any unauthorized use of the content, arrangement or presentation of the ESMS, computer code, images or trade marks on the ESMS or in their derivative works may violate civil or criminal laws, including intellectual property laws, and ARTSCAST.ca may take legal action accordingly. The above paragraph also applies to the property of third parties used on the ESMS, including the computer code of third parties.
5. Service Interruption
From time to time, the ESMS may be unavailable for short periods of time due to maintenance or modifications. As we strive to make this downtime as short as possible, ARTSCAST.ca cannot be held responsible for any damage, material or moral, caused by the interruption of the normal functioning of the ESMS, and disclaims any responsibility for this.
We provide the ESMS and its contents to you "as is" and "as available". We try to keep the ESMS up and running, error-free and safe, but you use it at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or guarantees that could occur in connection with transactions or commercial use. We do not warrant that the ESMS will always be secure or error free or that the ESMS will function without interruption, delays or imperfections. We are not responsible for the actions of, or information from, third parties, and you release us from any claims and damages, known and unknown, arising from or relating in any way to any claims you have against such third parties.
7. Limitation of Liability
In no case shall ARTSCAST.ca or our advertisers or sponsors be liable to you or any third party, and by this, you knowingly and expressly waive all rights to seek direct damages, indirect, incidental, special or consequential damages arising from or in connection with the use of the ESMS, the content, or any products or services purchased on the ESMS, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based on contract, tort or any other legal or equitable theory. Without limiting the foregoing, you specifically acknowledge and agree that we shall have no liability in the event of: (a) failure of another user of the ESMS to comply with the code of conduct; (b) injury or property damage of any nature whatsoever, in contract or tort, arising from your access or use of the ESMS; (c) any unauthorized access or use of our secured servers; (d) any bugs, viruses, worms, trojan horses, defects, viral delay devices or other destructive elements that can be transmitted through the ESMS; (e) any errors, inaccuracies or omissions in any content, or; (f) any ticket lost, stolen or damaged, or failure of an intermediary to submit a ticket. Your sole and exclusive remedy is to stop using ESMS. The total amount of liability arising from these Terms or use of the ESMS may not exceed more than one hundred Canadian dollars ($100 CAD). In any case, the Event Organizer's attorneys' fees may not be awarded or recovered.
The Event Organizer agrees to defend, indemnify and hold harmless ARTSCAST.ca, its officers, directors, shareholders, employees, affiliates, representatives of all monetary condemnation in principal, interest, fees and any other damages, including without limitation, all reasonable legal costs incurred by ARTSCAST.ca related to any claim, suit or action ("Claim") arising from non-compliance by the Event Organizer, or any user of your account, with these Terms. ARTSCAST.ca reserves the right to participate in the defense of any Claim and to be represented by counsel of its choice.
Event Organizer grants permission to ARTSCAST.ca to communicate with the Event Organizer pertaining to the information about the use of the ESMS, products and services offered on the ESMS or events, news and special offers of the ESMS or events, new tests and other information deemed relevant by ARTSCAST.ca. At any time, the Event Organizer can unsubscribe from ARTSCAST.ca’s mailing list by selecting the unsubscribe option in such emails or by contacting us at the following email address info@ARTSCAST.ca.
10. Applicable Law
By using ESMS, the Event Organizer acknowledges and agrees that the Terms and any claim, suit, action or demand arising from the use of the ESMS, are governed by the laws of the province of Quebec and applicable federal laws of Canada. The Event Organizer hereby acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec located in Montreal City regarding all disputes arising out of the Terms and the use of the ESMS.
1. Transactional Account Registration and Usage
The Event Organizer agrees to provide any information required by ARTSCAST.ca in the form and manner required by ARTSCAST.ca. The Event Organizer also agrees to provide their full cooperation to ensure that the event can be posted on the ESMS, and that in the case of changes or cancellation to an event all customers can be appropriately informed regarding changes affecting posted events.
2. Transaction Costs, Service and Shipping Fees
In the event that the Event Organizer decides to use ARTSCAST.ca’s transactional account, certain fees may apply and may be charged to the Users (as defined herein below), or the Event Organizer, including but not limited to chargebacks. A chargeback is the cancellation, by a credit card company, of a payment made on the ESMS following a request by a credit card holder on the grounds that the purchase or payment on the ESMS was made fraudulently, either without the consent or knowledge of the credit card holder.
In addition, the Event Organizer acknowledges and agrees that the service fees charged to the Users are non-refundable in the event of cancellation of the event, and it agrees that it shall not make any representation, statement or other indication to Users to the contrary.
ARTSCAST.ca handles the shipping of the tickets or passes to the Users and some delivery charges may apply. Shipping may be assigned to third parties appointed by ARTSCAST.ca, and assignment of such third party shipping is the right of ARTSCAST.ca at its sole discretion. Shipping costs may vary depending on the different intermediaries involved in the shipping of the tickets or passes. Note that additional fees will be charged to the Users in the event where an order or purchase is done by phone.
There are also some cases where a transaction fee may apply when the Event Organizer decides to use its own transaction account on the ESMS. For example, there may be a transaction fee when an offline sale of a pass or ticket is made by a partner of ARTSCAST.ca for an event sold, presented or otherwise displayed on the ESMS. As an example, there is a transaction fee when a User buys, in the same transaction, passes or tickets on the ESMS for two different events, when one of the events is linked to a Paypal account and the other event is linked to the transactional account of ARTSCAST.ca or the Event Organizer.
3. Use of Information and Confidentiality
The Event Organizer acknowledges that ARTSCAST.ca collects, uses and discloses certain information transmitted by the users of the ESMS who buy, reserve or register on the ESMS in order to obtain passes or tickets (“Users”) for events of the Event Organizer. The Event Organizer agrees and accepts to use this information only to: (i) issue passes or tickets to Users; (ii) to send out important announcements about events such as notices in the case of cancellation, postponement or change of time of an event; (iii) to assist Users in the event of loss of passes or tickets; and (iv) for any other authorized reason relating to the passes or tickets that the Users have procured or wish to obtain. At no time may the Event Organizer use, sell or disclose the information for any other purpose, unless the prior written consent of ARTSCAST.ca has been obtained.
The Event Organizer agrees and accepts to protect the information provided by ARTSCAST.ca at least in the same manner as ARTSCAST.ca. Furthermore, the Event Organizer undertakes to keep the confidential information confidential and not to disclose it to third parties unless the prior written consent of ARTSCAST.ca has been obtained.
The Event Organizer grants, as long as they display one or more events on the ESMS, a non-exclusive license to ARTSCAST.ca to use the Event Organizer’s Trademarks and Copyrights in connection with the ESMS, ARTSCAST.ca social media, and the promotion of the events of the Event Organizer. The Event Organizer represents and warrants to ARTSCAST.ca that it has the authority and is authorized to grant such license. In addition, the Event Organizer agrees that ARTSCAST.ca may use its Copyrights and Trademarks for promotional purposes of ESMS and related services.
For the purposes hereof, the term "Copyright" shall have the same meaning as in the Copyright Act (RSC 1985, cC-42), of which the Event Organizer is the owner or licensee or authorized to distribute in respect of printed matter, photographs, drawings, characters and any other pictorial, visual or graphic work that may be affixed, reproduced or otherwise used in connection with the marketing and sale of its events on the ESMS. The term "Trademarks" has the same meaning as in the Trade-marks Act (RSC 1985, cC-13), as well as trade names, designs, symbols, logos, emblems and other signs registered or unregistered, that the Event Organizer may from time to time adopt, use or intend to use anywhere in the world, as owner or licensee or authorized digital distributor.
5. Event Content
The Event Organizer declares and warrants that the event will be presented, performed and conducted in accordance with all applicable laws. The Event Organizer is solely responsible for ensuring that the event is held in compliance with the said laws.
ARTSCAST.ca reserves the right to post other events or additional products upon confirmation of purchase orders sent to the Users. ARTSCAST reserves the right to advertise other events or additional products in banner spaces above the event listing of Event Organizers.
7. Additional Obligations
The Event Organizer agrees to:
- not permit the sale or resale of passes or tickets on-line without ARTSCAST.ca receiving a service fee;
The Event Organizer agrees to defend and hold harmless ARTSCAST.ca, its directors, officers, shareholders, employees, affiliated companies, representatives and Users from any monetary penalty, interest, legal and other damages, including but not limited to all reasonable legal fees incurred by ARTSCAST.ca in connection with any claim (including chargebacks), lawsuits, actions, demands, arising out of failure to comply with the Terms, this Policy or any other applicable policy, or misrepresentation by the Event Organizer.
9. Applicable Law
1. Collection of Information
ARTSCAST collects the following information:
- We collect your contact information. We may collect a Users name, complete address, phone number and email address;
- We collect payment and billing information, tax numbers and non-profit organization number, if applicable, when you list, sell, present or in any other way display an event on our ESMS;
- We collect other information about your online activities. We may collect information about the browser you use or we could look at what website you came from.
2. Use of Information
ARTSCAST uses the information collected in the following ways:
- We use the information to respond to your requests or questions;
- We use the information to display and promote your event on the ESMS and on social media networks and websites;
- We use the information to improve our products and services. We may use your information to personalize your experience with us or the Users or display the content according to your or the Users’ preferences;
- We use the information for marketing purposes. For example, we may send you information about promotions, special offers. We could introduce new features or new products. It may be our own offers or our products, or offers or third parties of products that we think you'll find interesting;
- We use the information for security purposes. We may use the information to protect our business, our customers or our ESMS;
- We use the information to send you transactional communications. For example, we may send you email to your account in relation to a particular event you are displaying on the ESMS. We may also contact you about this policy or our ESMS.
3. Information Disclosure
We do not share your personal information, except with your consent, which is expressly granted by your use of the ESMS and in the following situations. In cases where we believe sensitive information is required to offer a specific service you will be prompted with a specific authorization via an online pop up sign off, for the specific use:
- Suppliers of authorized services: it may be that we share your information with service providers that perform operations on our behalf which are necessary to achieve the level of service we offer. Among the services offered by those providers, are order processing and credit card payments, delivery, customer service, assistance with marketing, sales analysis and activities, support for features of our ESMS, conducting contests, raffles and surveys, as well as the other features of our ESMS support. These service providers may have access to your personal information for the sole purpose of fulfilling their duties.
Other cases: using our services and providing us with your personal information, you consent to ARTSCAST.ca disclosing this information in the following circumstances:
- In response to a requirement by law, including a subpoena, a court order, a request from a law enforcement agency or other government agency, to exercise or enforce our rights recognized by law, and to defend against a legal claim;
- As part of a major transaction of the company, such as the sale of our company, merger, sale of assets or in the unlikely event of bankruptcy.
4. Access to Information
If you have an account on our ESMS, you can view and update your personal information online by visiting the My Account page. You can request a deletion of the account by sending an email to info@ARTSCAST.ca. In such case, personal data related to that account will be deleted; however, the data pertaining to orders or purchases will be retained for accounting purposes.
5. Retention Policy
If you close your account ARTSCAST.ca, it may be that we keep some of the information in your account for analytical purposes and for the purpose of integrity, bookkeeping and fraud prevention, recovery of required fees and compliance with the Terms. Moreover, if some of your information has been provided, with your consent, to other third parties, use and retention of your information will be subject to the policies of these third parties.
6. Protection of Information
ARTSCAST seeks to be fully compliant with Canadian, and International laws with respect toany personal data entered into the ESMS. We take the necessary security measures, includingphysical, electronic and procedural safeguards to protect your personal information from beingaccessed and disclosed without authorization. For example, only our authorized employees canaccess personal information and may do so only when access to such information is necessaryfor authorized administrative functions. We demand, from third parties to whom we discloseyour personal information that they at least protect your information in the same way that we do.
Although we take the security measures required by law, no security system is foolproof. Event Organizers must always be vigilant in the treatment and disclosure of customer information and should avoid sending personal information derived from the ESMS through unsecure email.
7. Other Information Collected
Automatic Information: When you visit our ESMS, we collect information from your browser. For example, it may include your IP address, the type and the language of your computer, access times and the addresses of the websites from which you have been redirected to our ESMS.
Other technologies we use are standard Internet technology, for example, pixel tags, web beacons and other similar technologies to track your use of our ESMS. We insert in the web beacons in promotional emails and newsletters to check whether the messages are opened and if you respond. A spy-pixel is a small file placed on a web page that allows a website to perform certain tasks, including count users who visit that page or access controls. We may also receive an anonymous identification number if you access our ESMS via an advertisement displayed on a third-party website. The information we collect allows us to customize the services we offer to our ESMS visitors, to deliver targeted advertising and to assess the overall effectiveness of our online advertising or other activities.