
Terms & Conditions
-
Welcome to the Website and online services (collectively, the “Website”) hosted by Conte Studios Ltd. and its affiliates and subsidiaries (collectively referred to as “Conte Studios”) and by third parties on Conte Studios Ltd’s behalf. Please read these terms of use (“Terms of Use”) carefully before using any Website. By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use any of the Website. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
-
Your Use of the Website
-
General
We grant you permission to use the Website subject to the restrictions in these Terms of Use. By using the Website, you agree: (a) that you are 18 years or older and have the requisite power and authority to enter into these Terms of Use; (b) to accurately furnish all contact and other information requested by Conte Studios Ltd. and to promptly notify Conte Studios Ltd. of any change in the information; (c) to not use the Website in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) to not use the Website in any manner unintended by Conte Studios Ltd.; (e) to not use the Website in any manner that could harm Conte Studios Ltd., its service providers, its affiliates, or any other person; and (f) to comply with any other reasonable requirements or restrictions requested or imposed by Conte Studios Ltd. Your use of the Website is at your own risk. If you are using the Website on behalf of your employer, it means you are authorized to accept the Terms of Use and the Privacy Policy on your employer’s behalf.
-
Prohibited Uses
You are prohibited from using the Website in a way that:
- is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Conte Studios Ltd. deems in its sole discretion to be inappropriate for this Website;
- victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- tries to gain unauthorized access to the Website, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Website;
- imposes an unreasonable or disproportionately large load on Conte Studios Ltd’s infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
- transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
- otherwise violates these Terms of Use or any other guidelines or policies of Conte Studios Ltd. or posted on the Website.
Conte Studios Ltd. will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law.
We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion. -
Services
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Conte Studios Ltd. of , (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. -
Fees and Deposit
1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
2. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
3. You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
4. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
5. If in a payment plan with us, these payment dates must be abided by, unless otherwise stated.
6. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. -
Cancellation and amendment
1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 3 days from the date of the quotation, (unless the quotation has been withdrawn).
2. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
3. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
4. If, due to circumstances beyond our control, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
5. We can terminate the provision of the Services immediately if you: - commit a material breach of your obligations under these Terms and Conditions; or - fail to make pay any amount due under the Contract on the due date for payment
6. We reserve the right to deny refunds based on our own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Conte Studios Ltd. are ownership of the company and are prohibited from being used by the Client in any way. -
Sub-Contracting and assignment
1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
2. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions. -
Conte Studios Ltd’s Copyright and Trademarks
All content included on Website, such as text, graphics, logos, button icons, images, and software, is the property of Conte Studios Ltd. or its content suppliers and is protected by Canada and international copyright, trademark or other laws. The materials posted on the Website by Conte Studios Ltd. may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Conte Studios Ltd. and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of the Website without the express written permission of Conte Studios Ltd. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Conte Studios Ltd. All rights reserved.
-
Copyright Complaints
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. The Copyright Modernization Act of 2012 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Ontario copyright law. If you believe in good faith that material posted on the Website infringes your copyright, you may submit a notice to us requesting that the material be removed. The notice must include the following information: (a) a physical signature of a person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that is claimed to have been infringed upon; (c) a description of the material that is claimed to be infringing, and where such material is located on the Website; (d) your name, address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
-
Reporting Violations
If you see something on the Website that you believe violates these Terms of Use, you may report it to us via the contact us page. Reporting a piece of content does not guarantee that it will be removed from the Website.
-
Conte Studios Ltd’s Right to Use Your Likeness
You hereby grant to Conte Studios Ltd. and its sublicencees unrestricted permission and right to use, reuse, publish, and reproduce your name, likeness, image, voice and/or appearance (“Likeness”) as such may be embodied in or submitted in connection with any Submissions that you submit to Conte Studios Ltd. You agree that Conte Studios Ltd. and its sublicencees may use the Submissions and your Likeness for any purpose, including but not limited to, advertisements, articles, publications, and any promotional materials in any medium now known or later developed, including the Internet. You acknowledge that you will not receive any compensation for the use the Submissions or your Likeness. You hereby release Conte Studios Ltd. and its sublicencees from any and all claims that arise out of or are in any way connected with such use, including without limitation, any claim for defamation, slander, misappropriation or misuse of image, violation of moral or artist rights, violation of publicity rights, or invasion of privacy. You warrant and represent that this release does not in any way conflict with any existing commitment on your part.
-
Use of Website Content
All information and content included on the Website are provided “as is” and without warranty or guarantee of any kind, either expressed or implied, including, but not limited to, the implied warranties or guarantees of merchantability, fitness for a particular purpose, and non-infringement. Conte Studios Ltd. strives to provide accurate and up-to-date material on the Website. However, Conte Studios Ltd. makes no warranties, guarantees or representations as to the accuracy or timeliness of the material provided through the Website. Conte Studios Ltd. assumes no liability or responsibility for any errors or omissions on the Website.
-
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Conte Studios Ltd. and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Conte Studios Ltd. and are protected by copyright and trademark laws and any other applicable intellectual property law. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Conte Studios Ltd’s express prior written permission. Conte Studios Ltd. reserves all rights in the Website, Content and Marks. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
-
Other Websites
For your convenience, Conte Studios Ltd. may provide links to Websites belonging to other companies. Those Websites are not under the control of Conte Studios Ltd., do not link to these Terms of Use, and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party Websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party Websites. The fact that Conte Studios Ltd. has provided a link to such Websites is not to be interpreted as an endorsement of their content. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those Websites.
-
Privacy Policy
Please review our Privacy Policy, which also governs your use of the Website, to understand our practices. The Privacy Policy may change from time to time, so review it with regularity and care. Your information and data from the Website may be collected, used, disclosed and shared in accordance with the Privacy Policy and Canadian laws, rules and regulations. You consent to this collection, use, disclosure and sharing, including by Conte Studios Ltd., as soon as you begin using the Website.
-
Translation
We may translate these Terms of Use into other languages for your convenience. However, the English version governs your relationship with Conte Studios Ltd., and the English version will govern if there are any inconsistencies among the different versions.
-
Applicable Law
Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the Province of Ontario, Canada, without giving effect to that province’s principles of conflicts of laws. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
-
Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Conte Studios Ltd. may terminate your access to the Website at any time and for any or no reason. You shall have no recourse and Conte Studios Ltd. shall have no liability as a result of any such termination. Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to the Website, all provisions of these Terms of Use relating to license rights, warranties, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including Conte Studios Ltd’s right to use your Suggestions.
-
Disclaimer of Warranty and Limitation of Liability
Your use of the Website and material from the Website is at your own risk. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Conte Studios Ltd. makes no warranties, guarantees or representations that the Website will be error-free, secure or uninterrupted, and assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Website or any materials provided on the Website. Conte Studios Ltd. makes no warranties, guarantees or representations as to the accuracy, completeness or timeliness of the materials provided on the Website. Conte Studios Ltd. assumes no liability or responsibility for any errors or omissions on the Website. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for - any interruption or cessation of transmission to or from the Service; - any indirect, special or consequential loss, damage, costs, or expenses or; - any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or - any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or - any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services. - any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or - any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; - any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or NEITHER Conte Studios Ltd., ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF Conte Studios Ltd., ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
-
Indemnity
You hereby release, discharge and agree to indemnify, defend, and hold Conte Studios Ltd., its affiliates and agents harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Website, (b) your violation of the Terms of Use, (c) any use of your Suggestions by Conte Studios Ltd., (d) any unauthorized use of your Suggestions by third parties once the Suggestion has been publicly disseminated, or (e) the infringement by you of any intellectual property or other right of any person or entity. Conte Studios Ltd. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Conte Studios Ltd. Conte Studios Ltd. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
-
Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
-
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: cyber attacks, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
-
Updates to Terms of Use
Conte Studios Ltd. reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Website, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Conte Studios Ltd. may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Conte Studios Ltd. may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Conte Studios Ltd. may terminate the authorization, rights and license given herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
-
Non-Canadian Residents
If you do not reside in Canada and are visiting the Website, by providing Personal Information to us (as defined in the Privacy Policy), you understand and hereby consent to your Personal Information being transferred to and processed on computers in Canada and other countries. Do not provide your Personal Information to us if you do not want this information to be transferred or processed outside of your country, or if the laws in your country restrict these types of transfers. Instead, please contact us to make your inquiry. Your provision of Personal Information to us will be handled in accordance with the Privacy Policy your provision of Personal Information to us through the Website means that you agree to the terms of the Privacy Policy.
-
Contact Us
Should you have any questions or concerns regarding this Privacy Policy, please email us. All contact information can be found on our contact page.