“iThentic” refers to iThentic Canada Inc., iThentic USA Inc., and iFestivus Inc. including its successors, licensees, or assigns, as well as the iThentic.com website and any functions or services provided by iThentic through iThentic.com or otherwise. “Content” refers to all audio visual elements and ideas offered by or submitted to iThentic including but not limited to videos, software, designs, likenesses, artwork, images, music, and information, tangible and intangible, including derivative works, on all media and formats, existing or future.
iThentic is intended for use by persons 13 years of age or older. If you are not at least 13 years of age or older or are legally, or otherwise, restricted from using this website, please discontinue using iThentic. If you are not 18 years or age older, you must have a parent or guardian’s approval prior to using iThentic. By using iThentic, you are certifying that you are at least 13 years of age, have parental consent if you are between 13 and 18, and are otherwise not restricted from agreeing to these Terms and Conditions.
The use of iThentic and its Content is restricted to only personal, non-commercial purposes.
You or any third party may not display, copy, store, modify, sell, publish or redistribute any portion of iThentic or its Content unless you are the Licensor of that piece of Content and are subject to the iThentic content license agreement. Unauthorized use of iThentic or its Content is prohibited and may result in criminal prosecution and/or civil liability.
Access to iThentic’s content, services, or functions, online or otherwise, may require registration, the creation of a user account, and/or a fee. Registration requires providing personal information and choosing a unique, secret password that may not be shared with others. Your personal information must be complete, accurate, and YOURS. You are not allowed to access other accounts. iThentic is not liable for losses or damages from unauthorized use of your account. We reserve the right to block any user account at our sole discretion for any reason. Content and functions of iThentic that require a fee may not be accessed by persons who have not paid the appropriate fee.
As a viewer of Content on iThentic, you understand and agree that iThentic is not responsible for any damages, losses, costs, or harm, tangible or intangible arising from the use or transmission of that Content and that the person providing the content is responsible, even though iThentic may review the Content for artistic merits.
You may not use iThentic for any illegal purpose, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material in iThentic discretion, to negatively present iThentic, nor for any commercial purposes. You are not allowed to transmit malicious code or to collect information of other users through iThentic’s servers or website. You may not take any action to interrupt the functionality of or tamper with the content contained on iThentic.com or its servers or to unreasonably affect others’ enjoyment of iThentic in any way. We reserve the right to block access to iThentic at our sole discretion for any reason.
iThentic and the Content are provided to you “as is” without any warranties of any kind, expressed or implied, with regard to but not limited to their quality, reliability, performance, purpose, or accuracy. By accessing and using this website, you acknowledge and agree that such use is entirely at your own risk and you will not hold responsible iThentic Canada Inc. and iThentic USA Inc., including its successors, licensees, or assigns, iFestivus Inc. or any of its holdings, directors, employees, partners, or advertisers for any damages, losses, or harm, tangible or intangible, including but not limited to compensatory, consequential, punitive, incidental, or attorney’s fees arising from the use of iThentic or the Content. iThentic shall not be held responsible for any third party or their websites whose links may accessed through the iThentic website nor shall iThentic be held responsible for malicious code contained on or distributed by our servers. iThentic does not guarantee that there will be no interruptions, delays or inaccuracies in iThentic’s functionality or Content and does not guarantee the continued availability or electronic storage of any portion of iThentic or the Content. iThentic does not endorse any of the ideas, products, persons, or opinions expressed in the Content.
You assume full responsibility for any damages, losses, costs, or harm arising from your use of iThentic. You agree that your sole remedy, upon your written notice, from iThentic may be the modification or removal of Content determined by iThentic to be harmful, improper, and/or in violation of copyright, trademark, or otherwise. iThentic at its discretion may choose to refund partially or fully the monies paid by a user, if any, for services or functions where the above remedy is not commercially practical.
If you believe a user has violated your or someone else’s copyright, has breached your account, or is using iThentic inappropriately, please contact us immediately at firstname.lastname@example.org. Additionally, Pursuant to 17 USC 512 (c)(2) all notifications of claimed copyright infringement through the service provider, iThentic, should be forwarded to our Designated Agent, Lisa Baylin, at email@example.com. According to Section 512 (c)(3)(a), any copyright infringement notification must include:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has 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 b
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By using this website, you are agreeing that such Terms and Conditions and all other aspects of iThentic will be construed in all respects in accordance with the laws of the Province of Ontario applicable to agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the federal and state courts of the Province of Ontario. iThentic was designed for usage in the Canada and makes no representation or warranties with regard to international usage of iThentic.
If you are a United States of America resident, these Terms and Conditions shall be governed by the laws of the state of New York and by viewing iThentic you are agreeing that such Terms and Conditions and all other aspects of iThentic will be construed in all respects in accordance with the laws of the State of New York applicable to agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the federal and state courts of the State of New York located in New York County.
Those who access iThentic from outside of Canada or the United States of America do so at their own risk and are subject to local laws and regulations.
You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from iThentic.
Message Boards: Although we support an individual’s right to post dissenting opinions, we reserve the right to remove comments that in our sole discretion infringe upon the rights of others. Acceptable posts do not include any derogatory images or disparaging text. Any comment which is deemed inappropriate will be removed by our administrator.