Legal information
Terms and Conditions
A. I, ("The Purchaser") affirm, represent and warrant that:
1) The audio or video recording (the "Recording") I have presented to Tribirch Ltd. ("Tribirch") in order for Tribirch to perform the services set out in this order form (the "Work"):
a) captures music, words, images or otherwise that are of my own original creation or substantial modification, OR;
b) captures music, words, images or otherwise that were lawfully recorded, OR;
c) was lawfully purchased by myself, or was a gift, having been lawfully purchased by the donor, or captures music, words or otherwise in which the donor has copyright or moral rights permitting the transfer of recorded material, or was lawfully recorded by the donor, and I believe it to be an authorized, licensed, or legitimate recording, release or edition; OR
d) is owned by me, or has been acquired by me, and I am either the owner or licensor of the copyright, or have permission to reproduce and/or distribute, the words, music, images or otherwise captured in the Recording;
2) If I am presenting a Recording to Tribirch on behalf of someone other than me or if the Recording presented by me to Tribirch is owned by someone other than me and the Work to be done in connection with the Recording by Tribirch is for the benefit of the other person, I have express or implied permission from such person or persons to whom one of the representations in Section 1 apply to present the Recording to Tribirch and to enter into this Agreement as said person's or persons' agent or representative.
4) I will use the Work produced by Tribirch, that is the subject of this Agreement, for personal use and will not use this reproduction for any commercial purpose, unless I identify with one of the representations set out in Section 1 above, OR;
5) The person or persons for whom I act as agent or representative, implied or expressly, may be bound by my representation that said person or persons will use the Work for personal use only and will refrain from using the Work for any commercial purpose, unless they identify with one of the representations set out in Section 1 above.
B. I will indemnify, defend and save my possession or use of harmless Tribirch, its affiliates, directors, officers, employees, agents and contractors, and each of them (collectively, the "Tribirch Group") from and against any and all claims, causes of action, proceedings, losses, costs (including without limitation, legal costs on a solicitor and his own, full indemnity client basis), expenses, damages and liabilities whatsoever which may be brought against the Tribirch Group or any of them, or which any of them may suffer, sustain, pay or incur, relating to, arising out of, or in connection with my possession or use of the Recording(s), use of the Recordings by Tribirch in connection with any Work done by Tribirch, its agents, representatives and subcontractors, in the course of the fulfillment of this Agreement, or any infringement claims by third parties regarding the Recordings or the Work.
C. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THE WORK PROVIDED PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS". TRIBIRCH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WORK PERFORMED PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO WAY SHALL TRIBIRCH BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR LOSS OF REVENUE OR PROFITS OR INVESTMENT OR THE LIKE, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OF OTHER FINANCIAL LOSS OR PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH THE WORK PERFORMED PURSUANT TO THIS AGREEMENT, EVEN IF TRIBIRCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIBIRCH'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE WORK BY YOU.
D. Applicable Law. This agreement is to be governed by the laws of the Province of Alberta. Any action or dispute brought in connection with the terms and/or subject matter of this agreement shall be subject to the jurisdiction of the courts of the judicial district of Calgary in the Province of Alberta, Canada.
E. Entire Agreement. The terms and conditions enumerated herein shall form, in conjunction with the order form, the entire agreement between the Purchaser and Tribirch, with respect to the subject matter of it and supercedes all prior and contemporaneous agreements, understandings, negotiations and discussions whether written, oral, or otherwise of the parties. There are no warranties, representations, or other agreements between the parties in connection with the subject matter of this agreement except as specifically set forth herein. This agreement may be amended only by written agreement duly executed by each party.
F. Assignment. Tribirch may, at any time, assign any of its obligations or rights under this agreement to any party without notice to or consent of the Purchaser. The Purchaser, under no circumstances, shall assign any of his/her rights, or obligations, associated with this agreement.
Jewel Case Artwork
Tribirch Ltd. is not able to reproduce the original artwork for audio that was available in the retail marketplace. An example of this would be the artwork on album jackets. If you have an image that you would like on a jewel case insert then please send it to us and we will gladly add it.
Guarantee
Tribirch Ltd. guarantees all of its work to be as good as the technology that it uses allows considering condition of the source material provided by the customer. Total liability is strictly limited to a re-do of the work supplied or at our opinion, a refund of the monies received from the client less any transportation charges already paid on their behalf. No liability will be assumed for lost or damaged materials supplied by the customer.