- Arctic Stock operates a content licensing service. Arctic Stock owns or has been appointed as a licensee by separate agreements with its Contributors to grant Licences in the Arctic Stock Content available on the Website. Any person (a “Customer”) who pays a licence fee may receive and use the purchased Arctic Stock Content in accordance with the Customer Licence Agreement.
- Arctic Stock may modify, replace, or discontinue the Website or any part thereof at any time, for any reason, with or without notice to you, in Arctic Stock’s sole discretion. This includes Arctic Stock modifying, adding to, stopping, or otherwise altering or substituting features, functions or services provided on the Website with equivalent or otherwise comparable features, functions or services.
- Arctic Stock may change these Terms from time to time at Arctic Stock’s sole discretion, with or without notice to you. Your continued access to or use of the Website constitutes your acceptance of such changes. Your access to and use of the Website will be subject to the current version of the Terms posted on the Website at the time of such use. The most recent version of the Terms is located on the home page of arcticstock.com. Breach of any of these terms will entitle Arctic Stock to revoke your permission to access or use the Website.
2. Intellectual Property
- All content on the Website, including but not limited to photographs, images, vectors, moving images, animations, films, videos, visual works or other content together with any associated keywords, metadata and/or titles as well as the selection and arrangement of the Website (“Arctic Stock Content”), are protected by copyright, trademark, and other intellectual property laws. The Arctic Stock Content and all intellectual property rights in or related to the Website are the property of Arctic Stock and/or its Contributors.
- Arctic Stock’s Intellectual Property (IP) refers to all of Arctic Stock’s trade names, domain names and trademarks which include ATIIGO, ARCTIC STOCK, or arcticstock.ca, copyright in the Website, the look and feel of the Website including page headers, custom graphics, button icons, and scripts, and any release, agreement, or guideline published on the Website. You agree not to challenge the validity or use of Arctic Stock’s IP.
- All other trademarks, product names, and company names or logos used or appearing on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Arctic Stock, unless expressly stated.
- You acknowledge that these Terms do not grant you any rights of ownership or any permission to use Arctic Stock’s IP without the prior written consent of Arctic Stock. Any unauthorized use of any Arctic Stock IP or the Website violates these Terms.
- You agree that you will not use any of Arctic Stock’s IP, or any trademarks, trade names or domain names confusingly similar to Arctic Stock’s IP, to advertise or promote any products or services or as part of any trademark, trade name, social media handle, meta tag, keyword, or business name, without the prior written consent of Arctic Stock.
- You agree that you will not use Arctic Stock’s IP in a manner which would be likely to depreciate the goodwill Arctic Stock holds in its IP, or which would be unlawful, including, but not limited to, use in pornographic or defamatory materials, or use in unsolicited electronic communications.
- Arctic Stock remains the sole owner of all right, title, and interest in the Arctic Stock IP and reserves all rights not expressly granted under these Terms.
3. User Permissions and Obligations
- Subject to your compliance with these Terms, with any Contributor or Customer Licence Agreement you may have with Arctic Stock, and with the law, you may access and use the Website. These Terms are not intended to alter the terms or conditions of any licence agreement you may have with Arctic Stock, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your Contributor or Customer License Agreement will prevail.
- Unless you enter into a Customer Licence Agreement with Arctic Stock, you may not download, distribute, display, reproduce, copy and/or use any Arctic Stock Content for any purpose. Such unauthorized actions, including displaying and/or distributing to the public any watermarked or unlicensed Arctic Stock Content (whether incorporated into a derivative work or alone), constitutes copyright infringement and violates these Terms.
- You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any Arctic Stock Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or Arctic Stock Content.
- You may not remove any watermarks or copyright notices contained in the Arctic Stock Content.
- You agree that you shall not use the Website to engage in any conduct that shall constitute a violation of any law or that infringes the rights of Arctic Stock or any third party.
4. User Information
- By connecting to Arctic Stock through a third-party platform or service, you give Arctic Stock permission to access and use your information from that service as permitted by that service.
5. Infringement claims
- If you believe that Arctic Stock Content or Third Party Content made available by Arctic Stock infringes upon any copyright that you own or control, you may notify Arctic Stock by contacting email@example.com
6. Warranties & Disclaimers
- Arctic Stock provides the Website on an “as is” and “as provided” basis. All warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of rights of others, are expressly excluded and denied.
- Arctic Stock may provide search functions on the Website to enable access to and searches for specific Arctic Stock Content. Arctic Stock disclaims any responsibility for the content or accuracy of any searches and search results.
- No warranty not otherwise expressly contained or set forth in these Terms shall be inferred, expressed, contained or created by any information or advice from Arctic Stock, whether written or oral.
- Arctic Stock assumes no responsibility for the timeliness, deletion, failure to store or back-up, or mis-delivery of any communication by any party, or for any personal settings.
- Arctic Stock takes no responsibility and assumes no liability for any damages, losses, injury or harm caused to you or any other person as a result of your use of the Website, including without limitation any damages, losses, injury or harm that may be caused by any other person through the intermediary of the Website, any damages, losses, injury or harm that may result from any breach of security relating to personal or other information, any damages, losses, injury or harm that may result from any computer virus or other technical matter that arises through your use of or access to the Website.
7. Disclaimer of Third Party Information
- Arctic Stock may provide third party content on the Website, whether in the form of links to web pages, advertisements, or other content of third parties (collectively the "Third Party Content"). Arctic Stock does not monitor nor have any control over any Third Party Content or third party web sites. Any opinions, advice, statements, services, offers, posts, private messages, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not Arctic Stock. Arctic Stock does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content. If you access any third party website, service or content from the Website, you do so at your own risk and you agree that Arctic Stock will have no liability arising from your use of or access to any third party website, service, or content.
- Arctic Stock may display advertisements from third parties on the Website or links to third parties or their products or services. If you choose to access such links or otherwise contact and/or conduct business with any such third party, any such access or business is solely between you and such third party. Arctic Stock is not responsible for any aspect of any product, service or information offered by any such third party, nor is Arctic Stock responsible or liable for any loss or damage incurred as the result of such dealings or promotions or as a result of such third party advertisements on the Website. If a dispute arises with any such third party, you release Arctic Stock from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
- You understand that Arctic Stock does not endorse or warrant any particular content or information available via the Website or guarantee the accuracy, integrity or quality of such content or information available on the Website. Under no circumstances will Arctic Stock be liable in any way for your use of the Website, including, but not limited to, any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use of any Arctic Stock Content, emailed, transmitted or otherwise made available via the Website. You use the Website at your own risk.
8. Limitation of Liability
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website remains with you and you use the website at your own risk. You agree that neither arctic stock nor any other party involved in creating, producing, or delivering the website will be liable for any incidental, special, exemplary, punitive or consequential damages, including but not limited to loss of intellectual property rights, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or related to these terms or from the website, or from the use of or inability to use the website, or from any communications, interactions or meetings with other users of the website or other persons with whom you communicate or interact as a result of your use of the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not arctic stock has been informed of the possibility of such damage.
- In no event will our aggregate liability, or that of our officers, directors, employees or agents, arising out of or in connection with these terms or from the website, or from the use of or inability to use the website, or arctic stock content exceed one hundred dollars ($100). The limitations of liability set forth above are fundamental elements of the basis of the bargain between arctic stock and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.
- The Website is controlled and operated by Arctic Stock from its facilities in Canada and is intended for Users in Canada. Arctic Stock makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable national, state, provincial, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
- Arctic Stock reserves the right to determine whether use of the Website violates these Terms for any reason.
- Arctic Stock may block, restrict, disable, suspend or terminate your access to all or part of the Website and/or Arctic Stock Content at any time in Arctic Stock’s discretion, without prior notice or liability to you. Any conduct by you that, in Arctic Stock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Website is strictly prohibited and may result in the termination of your access to the Website without further notice.
- You agree to indemnify and hold harmless Arctic Stock, its Contributors, its parents, subsidiaries, successors, assigns, and all employees and agents from and against any suits, claims, losses, demands, liabilities, damages, costs and expenses (including costs, reasonable lawyers’ fees and reasonable investigative costs) in connection with any suit, demand or action by any third party arising out of or in any way related to (i) your access to or use of the Website or Arctic Stock Content, (ii) your breach of any of these Terms.
11. General Terms
- These Terms shall be governed and construed in accordance with the applicable laws of Nunavut and Canada. The parties attorn to the jurisdiction of the Courts of Nunavut and the Federal Court of Canada in respect of the resolution of any dispute arising hereunder, should it become necessary.
- The parties hereto require and declare that the present Terms be drafted in the English language: par les presentes, les parties ont demande que le present contract soit redige en anglais.
- Headings in these Terms are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Enforcement of these Terms is solely in our discretion, and failure to enforce these Terms in any instance does not constitute a waiver of our right to enforce it in other instances.
- If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, such provision is fully severable and the remaining provisions of these Terms shall remain in full force and effect.
- Any controversy or claim arising out of or relating to this policy will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration must be conducted in Nunavut, Iqaluit and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Arctic Stock may seek any interim or preliminary relief from a court of competent jurisdiction in Iqaluit, Nunavut, as necessary to protect the rights or property of Arctic Stock.