Licence & Terms & Conditions
By uploading any story, picture, or any other content (collectively, “Licensed Material”), You accept and agree to licence the Licensed Material to AB Independent (“the Licensee”) and be bound by the Terms and Conditions of this website and Licence (“Licence”). To the extent this Licence may be interpreted as a contract, You are granting a license to use the Licensed Material to the Licensee in consideration of the possibility of the Licensed Material being contained in the publication of the work, That Night at Massey Hall (the “Work”) and the Licensor grants the Licensee such rights in consideration of benefits the Licensor receives from making the Licensed Material available under this Licence.
Section 1 – Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Licence, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Adapter's License means the license applied by the licensee for Copyright and Similar Rights to Adapted Material in accordance with the terms and conditions of this Licence.
c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, publication, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Licence, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to the use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database, or other material to which the Licensee uploads or provides to the Publisher in any other way.
g. Licensed Rights means the rights granted to the Licensee subject to the terms and conditions of this Licence, which are limited to all Copyright and Similar Rights that apply to the licensee use of the Licensed Material and that the Licensee has authority to license.
h. Licensor means the individual(s) or entity/entities granting rights under this Licence.
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. Licensee means AB Independent.
Section 2 – Scope.
a. License grant.
1. Subject to the terms and conditions of this Licence, the Licensee has been granted a worldwide, royalty-free, sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A. reproduce and Share the Licensed Material, in whole or in part;
B. use the Licensor’s name, voice, image, likeness and/or biographical data and to describe and portray, in whole or in part, the Licensor and/or any biographical history of the Licensor’s life in the Work and in any advertising and promotion in relation thereto; and
C. produce, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to the Licensee, this Licence does not apply, and the Licensee does not need to comply with its terms and conditions.
3. Term. The term of this Licence is specified in Section 5(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes the Licensee to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid the Licensee from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
5. Downstream recipients.
A. Offer from the Licensor – Licensed Material. The Licensee of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights after uploading or providing any story, picture, or any other content under the Terms and Conditions of this Licence.
B. No downstream restrictions. The Licensee may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Licence constitutes or may be construed as permission to assert or imply that the Licensee is connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. The Licensor waives and/or agrees not to assert any moral rights held by the Licensor to the extent necessary to allow the Licensee to exercise the Licensed Rights.
2. To the extent possible, the Licensor waives any right to collect royalties from the Licensee for the exercise of the Licensed Rights, whether directly or through a collecting society or copyright collective under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases, the Licensor expressly reserves any right to collect such royalties.
Section 3 – Licence Conditions.
The Licensee’s exercise of the Licensed Rights is expressly made subject to the following conditions.
1. If the Licensee Shares the Licensed Material (including in modified form), they must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice somewhere in the Work;
iii. a notice that refers to this Public License somewhere in the Work;
iv. a notice that refers to the disclaimer of warranties somewhere in the Work; and
B. indicate the Licensed Material is licensed under this Licence somewhere in the Work.
2. The Licensee may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which the Licensee reproduces and uses the Licensed Material.
Section 4 – Representation and Warranties
A. Licensor represents, warrants and covenants to the Licensee that upon agreeing to this Licence and uploading or providing in any other manner the Licensed Materials that the Licensor:
(i) has full right, power and authority to enter into this Licence and to grant the rights and licenses granted to the Licensee under this Licence;
(ii) is the legal and beneficial owner of all right, title and interest in and to the Licensed Materials;
(iii) and the Licensor’s rights in the Licensed Materials that are the subject of this Licence are subsisting and are not invalid or unenforceable, in whole or in part;
(iv) has not previously assigned, transferred, conveyed or otherwise encumbered any right, title or interest in the Licensed Materials and has not granted to any third party any license to use, sell or distribute Licensor’s Licensed Materials in any manner inconsistent with or in conflict with any provisions of this Licence;
(v) and its Licensed Materials do not violate, infringe or otherwise conflict or interfere with any copyright, trade secret, trademark, service mark, or any other intellectual property or proprietary right of any third party; and(vi) indemnifies the Licensee for any loss, expense or damage occasioned by any claim, demand ot suit arising out of any breach or alleged breach of the foregoing warranties.
Section 5 – Term and Termination.
a. This Licence applies for the term of the Copyright and Similar Rights licensed here. However, if the Licensee fails to comply with this Licence, then their rights under this Licence terminate automatically.
b. Where the Licensee’s right to use the Licensed Material has terminated under Section 5(a), it reinstates:
(1) automatically as of the date the violation is cured, provided it is cured within 30 days of the Licensee’s discovery of the violation; or
(2)upon express reinstatement by the Licensor.
c. Sections 1, 4, 5, 6, and 7 survive termination of this Licence.
Section 6 – Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by the Licensee
unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Licence.
c. This Licence shall be binding upon and inure to the benefit of the executors, administrators, heirs and assigns of the Licensor and successors and assigns of the Licensee and may be assigned by the Licensee in whole or in part to a company under control of the Licensee without further notice, to the complete exoneration of the Licensee.
Section 7 – Interpretation.
a. For the avoidance of doubt, this Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Licence.
b. To the extent possible, if any provision of this Licence is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Licence without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Licence will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or Licensee, including from the legal processes of any jurisdiction or authority.
Section 8 - Entire Agreement
This Licence constitutes the entire understanding of the Licensor and Licensee in relation to the subject matter hereof. It is mutually understood and agreed that the Licensee shall be under no obligation to the Licensor for the Licensed Materials except as specifically stated herein. No change or modification of this Licence shall be valid unless in writing signed by all parties hereto.
Section 9 - Governing Law
This Licence shall be interpreted according to the laws of the province of Ontario and the laws of Canada applicable therein. Any legal proceedings between the Licensor and the Licensee hereto shall be commenced only in the applicable court of the judicial district of Toronto, Province of Ontario, Canada, to the complete exclusion of all other courts.