Terms of Use

TGiT / Iconoclaste Musique Inc.
TERMS OF SERVICE

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OVERVIEW

The website tagyourmusic.com (the “site” or “website”) is operated by Iconoclaste Musique Inc. Throughout the site, the terms “we”, “us” and “our” refer to Iconoclaste Musique Inc.

Please read these Terms of Service carefully before accessing or using our website. By visiting our site, registering as a user, accessing user functionalities, downloading software from the site and/or subscribing for services from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink which are incorporated herein by reference. Without limitation, the our Privacy Policy, the relevant terms and conditions of each Plan (TERMS AND CONDITIONS OF OUR SUBSCRIPTION PLANS) and the Stripe Inc. Terms and Conditions each form an integral part of these Terms of Service. These Terms of Service apply to all users of the site.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

If you do not agree to all the Terms of Service, then you may not access or use the website or access, use or download any software or services made available to you through the site.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or any software or services made available through it following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – SERVICE

The “TGiT Software Eco-System”, or “Service”, refers to all tools, software and services made available to you through the website, including without limitation (1) the TGiT software application available for download (the “Software”) and (2) the platform through which you can access, export and communicate your information to third parties (the “Platform”).

The Software and Platform allow you to provide your metadata information to third parties. Such transmissions are logged on in our database residing on our servers. All such information is collectively referred to as your “User Content”. Subject to these Terms of Service, you may access and download your current User Content at any time from the Platform.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. This is also true of all third party gateway or services offered to you by the means of the TGiT Software Eco-System, including but not limited to access to the ISNI-IA database, MusicBrainz database, DDEX standards and protocols or any such third party services or protocols.

We reserve the right, but are not obligated, to limit the provision of the Service to certain geographic regions or jurisdictions.

SECTION 2 – INTELLECTUAL PROPERTY
All information or materials contained on the website or accessible through the website (including but not limited to all graphics, images, video clips, audio, video images, or other types of content) other than the User Content (“Site Information”) is the property of Iconoclaste Musique Inc., and/or its suppliers or licensors.

Unless otherwise noted in a particular document, we hereby authorize you to electronically copy or print in hard copy any document published by us on the website solely for your internal reference purposes within your organization or personal use only. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of website Information provided by us without our prior written approval or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the website may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies. Except as expressly stated herein, nothing contained in these Terms of Use shall be construed as conferring any license or right under any patent, copyright or trademark or other intellectual property right of Iconoclaste Musique Inc., its suppliers or licensors, or any other third party.

The Software is subject to the limitations of the GNU General Public License v.3. Other software used by the TGiT Software Eco-System and accessible to you may be the proprietary work of Iconoclaste Musique Inc., and/or its suppliers or licensors, and may be protected by Canadian and worldwide copyright, patent and/or other intellectual property right laws and treaty provisions. Use of such software is subject to these Terms of Service.

The product names, company names and logos used on this site may be trademarks including registered trademarks of Iconoclaste Musique Inc.. Such product names, company names and logos may not be copied, imitated or used, in whole or in part, without our prior written consent or the consent of its respective owner.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE WEBSITE. UNAUTHORIZED USE OF THE SITE INFORMATION MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

SECTION 3 – CREATION OF ACCOUNT AND REGISTRATION

In order to download the Software and have access to the Platform, you need to create an account with us. To complete the registration process, you must provide your name and a valid email address, and any other information which we may request at the time of creation of your account. This information will be subject to the terms and conditions of our Privacy Policy.

Your login may only be used by one person (or its minor dependents) – a single login shared by multiple people is not permitted. You may not provide services to third parties using the Service by using your login. You are responsible for maintaining the security of your login information including your password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account.

You can cancel your account at any time by clicking on the Account settings item in the global navigation bar at the top right of the screen of the website. Cancellation of your account will result in cancellation of any current subscription plan you have with us. Please refer to the terms and conditions of your relevant subscription plan to know the impact of such cancellation.

If you are in breach of any of the Terms of Service, Iconoclaste Musique Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Such termination will result in the deactivation of your account or your access to the Platform. In the event we take action to suspend or terminate an account, we will make a reasonable effort to provide you with a copy of your User Content upon request.

SECTION 4 – SUBSCRIPTION TO SERVICE

In order to have access to the Platform and unlock all functionalities of the Software, you must subscribe to the Service through your account. Various subscription plans (each, a “Plan”) may be made available to you from time to time. Not all Plans provide the same level of Service, so please refer to and review carefully the relevant terms and conditions of each Plan.

All subscriptions other than free subscriptions will require you to provide a valid credit card number for payment of the subscription fees. Payment of the subscription fees each Plan is processed by Stripe Inc. They provide us with the online e-commerce platform that allows us to sell the Service to you. Please refer to their specific terms and conditions regarding their payment service.

All subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canada (federal or provincial) taxes.

You may change or cancel your Plan at any time by clicking on the Account Settings item link in the global navigation bar at the top right of the screen. Please refer to the terms and conditions of your relevant Plan to know all consequences of such cancellation.

Upon cancellation of your Plan, you will be provided by the opportunity to export your User Content. Such User Content (generated through the date of cancellation) shall remain available to you through your account.

SECTION 5 – THIRD PARTY TOOLS AND LINKS

We may provide you with access to third party tools which we neither monitor nor have any control nor input on. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third party tools. Any use by you of third party tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party provider(s).

Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 7 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service except as provided for in these Terms of Service.

We reserve the right to terminate your use of the Service for violating any of the foregoing prohibited uses.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right in our sole discretion to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Iconoclaste Musique Inc. and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION

These Terms of Service are effective between us unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our website, services and software, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time upon written notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof). Once the Terms of Service are no longer effective between, you may no longer access or use the site nor any services or software available thereon.

SECTION 13 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service, including those incorporated by reference herein and forming a part hereof, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 14 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the province of Quebec. The parties that any dispute regarding these Terms of Services shall be resolved in a court of competent jurisdiction the judicial district of Saint-François (Quebec).

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@iconoclaste.ca

TERMS AND CONDITIONS OF OUR SUBSCRIPTION PLANS

FREE PLAN
Unlimited licensed use of our music tagger desktop software. Limitation of the ISNI lookup tool set to six unique name searches.

MICRO-PRODUCER PLAN
Yearly subscription is set at 23 Canadian dollars including all sales taxes. Unlimited licensed use of our music tagger desktop software. No limitation of the ISNI lookup tool usage.