Acceptance of These Terms
These Terms of Use ("Terms") constitute a legally binding agreement between AntiSocial Talks Inc., a corporation incorporated under the laws of the Province of Alberta, Canada with Alberta corporate access number 2028592125 and its registered office at 1020-330 5th Avenue SW, Calgary Alberta T2P 0L4 ("AntiSocial Talks," "Company," "we," "our," or "us"), and the individual or legal entity ("you" or "your") accessing or using:
- The AntiSocial Talks website at www.antisocialtalks.com and its subdomains;
- The AntiSocial Talks podcast and talk-show episodes, in all editions, however distributed, including through streaming and podcast-directory platforms such as YouTube and our website (each, a "Distribution Platform");
- The official AntiSocial Talks pages and accounts on social media platforms;
- AntiSocial Talks live events, including the flagship festival, roadshows and City Chapter events, and the ticketing for them, to the extent operated by or under license from the Company;
- Any comment, submission, subscription, or interaction feature made available in connection with the foregoing; and
- Any associated content, products or services provided by the Company (collectively, the "Service").
By accessing, browsing, downloading, subscribing to, creating an account on, submitting information to, posting a comment on, or otherwise interacting with the Service (including AntiSocial Talks content made available on a Distribution Platform), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and by any additional terms expressly incorporated into them by reference. Our Privacy Policy explains how we handle personal information. If you do not agree, you must not access or use the Service. Where the Service asks you to confirm your agreement (for example, by ticking a box when you create an account, buy a ticket or post a comment), your confirmation is your acceptance of these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity, and "you" refers to that entity.
Purchases of merchandise, event tickets and other paid products or services are also governed by the terms of sale presented at checkout, which prevail over these Terms for those transactions to the extent of any conflict. Attendance at live recordings, roadshows and City Chapter events is also subject to the applicable event terms.
Modification to These Terms
The Company reserves the right to modify, amend, supplement, or replace these Terms at any time. Where changes are material, the Company will provide notice through one or more of the following: website or in-product notification, email communication (where we hold your email address), or other reasonable means, and will post the updated Terms with a revised Effective Date. Where applicable law requires advance notice of an amendment, the Company will give notice for the period the law requires, and the amendment will take effect only at the end of that period.
Continued use of the Service following the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Service.
Definitions
For the purpose of these Terms:
- "Content": Means podcast episodes, recordings, show notes, clips, photographs, graphics, articles and related material produced by or on behalf of the Company, including content created by Hosts and Guests during recorded episodes.
- "Guest": Means an individual who appears on an episode of the Service at the invitation of the Company or of a Host with the Company’s approval, under a separate release or agreement provided to the Company.
- "Host": Means an individual engaged by the Company under a separate written agreement to host episodes of the Service.
- "Roadshow": Means a touring live event organized by the Company in one or more cities, as distinct from a City Chapter event.
- "User Submissions": Means comments, reviews, questions, messages, or other content that a User posts, uploads or submits in connection with the Service.
- "User": Means any individual or entity that accesses or uses the Service, other than in their capacity as a Host or Guest.
Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if higher, to use the Service. You represent and warrant that:
- You meet the age requirement above;
- You have the legal capacity to enter into binding agreements;
- You are not barred from using the Service under applicable law; and
- Any information you provide to the Company in connection with the Service is true, accurate, and not misleading.
If the Company learns or reasonably believes that a User does not meet these requirements, it may suspend or terminate that User’s access and delete any associated account and User Submissions. A parent or guardian who allows a minor to access the Service is responsible for that minor’s use of it.
Intellectual Property Rights
All Content made available through the Service, including recordings, Host performances, scripts, questions, photographs, graphics, logos, the AntiSocial Talks name and trademarks, and promotional material, is owned by or licensed to the Company and is protected by copyright, trademark and other intellectual property laws, including the Copyright Act (Canada). Nothing in these Terms transfers any ownership or license in that Content to you, except a limited, personal, non-exclusive, non-transferable and revocable license to access, stream and view it for your personal, non-commercial use, subject to these Terms.
You shall not reproduce, distribute, publicly perform, publicly display, modify, create derivative works from, sell, rent, lease, sublicense, or otherwise exploit any Content, in whole or in part, without the Company’s prior written consent. Limited sharing through the "share" or embed functions made available by the Company or a Distribution Platform is permitted, provided you do not remove any attribution, trademark or copyright notice.
Full episodes, raw or unreleased footage, and behind-the-scenes material may not be independently published, rebroadcast, or licensed by any User without the Company’s prior written permission.
You may not use the AntiSocial Talks name, logo, or other brand identifiers without the Company’s prior written consent, and you may not make any statement or design choice that could reasonably lead a third party to believe that your content, page or account is created, certified, or endorsed by the Company unless the Company has agreed in writing.
Names, Images and Voices of Hosts and Guests
Hosts and Guests who appear on AntiSocial Talks consent, under separate agreements with or releases provided to the Company, to the recording and use of their name, image, likeness and voice in connection with the Service.
Nothing in these Terms authorizes Users to use the name, image, likeness or voice of any Host or Guest for any purpose, including the creation of synthetic, "deepfake", or voice-cloned content, without that person’s separate written consent and, where applicable, the Company’s consent.
If you attend a live recording, roadshow or other event of the Company, the event may be photographed, filmed and recorded, and you may appear in that material. Event notices and any event-specific terms will explain how attendees may be recorded and how the Company uses those recordings. Event notices will also say where to find, and how to raise concerns about, filming (for example, designated non-filmed areas). Where the law of the place of the event requires it, we will obtain your express consent before using your image or voice.
Unsolicited Ideas and Feedback
The Company receives many suggestions for episodes, topics, guests, formats and products, and develops its own Content independently. If you send the Company any idea, pitch, proposal, guest suggestion, format, script, feedback or other material that it has not requested in writing ("Unsolicited Material"), you agree that: (a) the Company has no obligation to review, keep confidential, use, return or pay for it; (b) the Company may already be developing, or may later develop, similar material independently; (c) you grant the Company, in respect of it, the license and waiver set out in the Comments and User Submissions Clause; and (d) you will make no claim against the Company or any Host or Guest arising from any similarity between your Unsolicited Material and any Content.
Sponsors and Commercial Relationships
Some Content, events and features may be supported by sponsors, advertisers or commercial partners. Where Content or an event is sponsored or includes paid promotion, the Company will identify the commercial relationship clearly, for example by a label or credit. Sponsors do not control editorial decisions, including the selection of Hosts, Guests, speakers or topics, and the Company does not sell guaranteed speaking slots. A reference by a Host or Guest to a product, service or organization is not an endorsement by the Company unless it is identified as one.
Copyright and Content Complaints
The Company respects intellectual-property rights and responds to notices of alleged infringement. If you believe Content available through the Service infringes your copyright, submit a written notice to the Company’s designated contact at [email protected] containing:
- Identification of the work claimed to be infringed;
- Identification and location (such as a URL or episode reference) of the allegedly infringing material;
- Your contact information;
- A good-faith statement that the use is not authorized by the rights owner, its agent, or the law;
- A statement that the notice is accurate and that you are the owner of, or authorized to act for the owner of, the right claimed to be infringed; and
- Your physical or electronic signature.
The Company will review and, where appropriate, remove or disable access to material in response to a valid notice, may notify the affected person, and maintains a policy of taking appropriate action including removal of content and restriction of access against repeat infringers. Complaints regarding other unlawful content may be submitted to the same address and will be handled in accordance with applicable law. The Company is not required to act on any notice that is incomplete or that it reasonably considers unfounded, and any person who knowingly submits a false or misleading notice may be liable for the resulting loss. This Clause is intended to operate consistently with the notice-and-notice regime in the Copyright Act (Canada).
If you believe that any Content, including any statement made by a Host or Guest, is defamatory or infringes your privacy or other rights, you may submit a complaint to the same address identifying the Content, the statement complained of and the grounds for your complaint. The Company will review complaints in good faith and may, in its discretion, edit, annotate, restrict or remove Content. Any action the Company takes in response to a complaint is not an admission of liability, and submitting a complaint does not replace any notice required by law before legal proceedings are commenced. The Company keeps a documented corrections practice and, where appropriate, will publish a correction or give the affected person a reasonable opportunity to respond.
Acceptable Use; Prohibited Uses
You shall use the Service only for lawful purposes. When using the Service, you agree not to:
- Violate any applicable law or regulation, or facilitate criminal conduct;
- Create, request, store, or disseminate child sexual abuse material or any content that sexualizes minors, whether real or synthetic;
- Upload, post or transmit any content that is defamatory, obscene, harassing, hateful, threatening, or that incites violence against any person or group;
- Impersonate the Company, any Host, Guest, or other person, or misrepresent your affiliation with any person or entity;
- Create non-consensual intimate imagery, or generate deceptive synthetic or "deepfake" media of any identifiable individual without their consent;
- Edit, clip, re-caption or present any Content in a way that misrepresents what a Host or Guest said or the context in which it was said;
- Harass, threaten, stalk or dox any Host, Guest, User or member of the Company’s personnel, disclose their personal information, or contact any Host or Guest through the Service for unsolicited commercial purposes;
- Record, download, rip or re-upload any episode or other Content, except through features the Company or a Distribution Platform expressly provides for that purpose;
- Post spam, advertising, chain messages or unauthorized commercial solicitations, or submit false or abusive complaints or reports;
- Scrape, data-mine, reverse engineer, or use automated means to access, copy or bulk-extract the Service or Content or use the Service or any Content to train, fine-tune, test or improve any artificial-intelligence or machine-learning model, without the Company’s prior written authorization;
- Interfere with or disrupt the integrity, security or performance of the Service, including by introducing viruses or malicious code, or by conducting denial-of-service attacks;
- Attempt to circumvent any content-protection, access-control, or security feature of the Service;
- Use the Service to promote a competing podcast or service in a manner likely to confuse Users; or
- Infringe or misappropriate the intellectual-property, privacy, or other rights of any third party.
The Company may investigate and take appropriate action against anyone who, in the Company’s reasonable opinion, violates this Clause, including removing content, and suspending or terminating access to the Service.
Privacy
Our collection, use and disclosure of personal information in connection with the Service including information we collect from Users, Hosts and Guests is described in our Privacy Policy, which is a separate document from these Terms. We handle that information in accordance with applicable privacy law, including the Personal Information Protection Act (Alberta), the Personal Information Protection and Electronic Documents Act (Canada) where it applies, and any applicable provincial privacy legislation. The Privacy Policy explains what personal information we collect, why we collect it, how we obtain consent and how you can exercise your rights. Where the Company operates events or offers products to individuals outside Canada, it also complies with the privacy laws that apply to those activities, as described in the Privacy Policy.
Disclaimer of Warranties
The Service and all Content are provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied, statutory or otherwise, including any warranty or condition of merchantable quality, fitness for a particular purpose, title or non-infringement, or that the Service will be uninterrupted, timely, secure or error-free. Views expressed by Hosts, Guests and Users are their own and do not necessarily reflect the views of the Company, and the Company does not verify, adopt or endorse any statement made by a Host or Guest. The Company makes no warranty regarding the accuracy, reliability, currency or completeness of any Content.
Content is provided for general information and entertainment only. Nothing in the Service constitutes medical, health, financial, investment, tax, legal or other professional advice, and you should not act, or refrain from acting, on the basis of any Content without obtaining advice from a qualified professional about your own circumstances. Content may include strong language, mature themes and opinions that some people find offensive, and you access it at your own discretion. The Service is not offered by, and does not form part of, any investment, wealth-management or other regulated financial services business of the Company’s affiliates.
Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited, including non-waivable rights under applicable consumer-protection law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (THE "COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE OR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE SAME EXTENT, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY STATEMENT MADE BY A HOST, GUEST OR USER, ANY USER SUBMISSION, ANY THIRD-PARTY PLATFORM, PRODUCT OR SERVICE, OR ANY CITY CHAPTER EVENT NOT ORGANIZED BY THE COMPANY. EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR ANY CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, TO ACCESS THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD 100).
The foregoing limitations do not apply to liability arising from the Company’s fraud or willful misconduct, or to other liability that cannot lawfully be limited or excluded. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
Each Company Party other than the Company is an intended beneficiary of this Clause and of the Disclaimer of Warranties and Indemnification Clauses, and may rely on and enforce them.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company Parties from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with:
- Your unlawful or unauthorized use of the Service;
- Your User Submissions;
- Your violation of these Terms or applicable law; or
- Your infringement of any third party’s rights.
This Clause does not apply to consumers to the extent prohibited by applicable consumer-protection law.
The Company may assume the exclusive defence and control of any matter for which you are required to indemnify the Company Parties, and you will cooperate with that defence. You will not settle any such matter without the Company’s prior written consent.
Suspension and Termination
The Company may suspend or terminate your access to all or part of the Service, at any time and without notice, if it reasonably believes you have violated these Terms or applicable law, or for any operational, legal or security reason. You may stop using the Service at any time. The Company will not be liable to you or any third party for any suspension or termination of access, or for removing or disabling access to any User Submission or Content.
Clauses of these Terms that by their nature should survive termination, including Intellectual Property Rights, Comments and User Submissions, Unsolicited Ideas and Feedback, Copyright and Content Complaints, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will survive.
Compliance with Laws
You shall use the Service in compliance with all laws applicable to you, including those relating to data protection and privacy, defamation, intellectual property, broadcasting standards, and consumer protection. You are solely responsible for determining whether your use of the Service satisfies your own legal obligations; nothing in these Terms constitutes legal advice.
Governing Law; Dispute Resolution; Equitable Relief
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-laws principles.
The parties shall first attempt in good faith to resolve any dispute through informal negotiation by contacting the Company using the details in the final Clause of these Terms. Thereafter, the parties irrevocably submit to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada for any dispute arising out of or relating to these Terms, subject to any mandatory consumer-protection rules of your place of residence that cannot be waived by agreement, and subject to any different governing law or forum stated in the event terms for an event held outside Canada.
To the extent permitted by applicable law, any dispute will be brought and resolved only on an individual basis, and not as a plaintiff or class member in any class, collective or representative proceeding.
You acknowledge that unauthorized use or disclosure of the Company’s Content or intellectual property would cause irreparable harm for which monetary damages would be inadequate, and that the Company shall be entitled to seek injunctive relief, in addition to all other remedies available at law or in equity.
General Provisions
Entire Agreement: These Terms, together with any additional terms expressly incorporated into them by reference, constitute the entire agreement between you and the Company regarding the Service, and supersede all prior or contemporaneous understandings regarding its subject matter.
Severability: If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No Waiver: The Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without the Company’s prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.
Contracting Party: The Service is operated by AntiSocial Talks Inc., which is the only party contracting with you under these Terms. No affiliate, shareholder, director or officer of the Company is a party to these Terms or has any obligation to you under them, but each of them is a Company Party for the purposes of the Disclaimer of Warranties, Limitation of Liability and Indemnification Clauses. "AntiSocial Talks" is the trade name and brand under which the Company operates the Service.
Force Majeure: The Company is not liable for any delay or failure to perform resulting from events beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, governmental action, or telecommunications or utility failures.
Notices; Electronic Communications: Legal notices to the Company must be in writing and delivered to the address in the final Clause of these Terms. You consent to receiving notices and disclosures electronically, and, where permitted by law, electronic acceptance (including by continued use of the Service) has the same effect as a signature in writing.
Interpretation: In these Terms, "including" means including without limitation, and all amounts are in Canadian dollars unless stated otherwise in these Terms or at checkout.
Language: These Terms are drawn up in English. Where the Charter of the French Language (Quebec) applies to you, the Company will make a French version of these Terms available to you before you accept them, and you will be bound by the English version only if you expressly choose it after the French version has been made available to you.
Statutes: A reference in these Terms to a statute includes the regulations made under it and that statute and those regulations as amended, consolidated or replaced from time to time.
Headings: Clause headings are for convenience only and do not affect the interpretation of these Terms.
Grievances and Contact
Questions, complaints, or grievances regarding these Terms or the Service may be directed to:
AntiSocial Talks Inc.
1020-330 5th Avenue SW, Calgary, Alberta T2P 0L4, Canada
Email: [email protected]
The Company’s person in charge of the protection of personal information, and the contact details for privacy requests and complaints, are identified in the Privacy Policy.
Comments and User Submissions
Where the Service allows you to post User Submissions, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sublicensable license to host, store, reproduce, edit, adapt, publish, translate, communicate to the public and display such User Submissions, together with the name or username under which you post them, in connection with the Service, the Company’s business and their promotion, across any media now known or later developed. Nothing in this license limits any right you have under applicable privacy law, including any right to withdraw consent or ask for deletion as described in our Privacy Policy.
To the extent permitted by law, you irrevocably waive, in favour of the Company and its licensees, successors and assigns, all moral rights you have in your User Submissions, including under the Copyright Act (Canada), and you consent to the Company editing, abridging or using them without attribution. You retain any ownership you have in your User Submissions.
You are solely responsible for your User Submissions and confirm that you have all rights necessary to post them, and that they do not infringe or misappropriate the rights of any third party. The Company may remove any User Submission at its discretion and is not obligated to monitor User Submissions, though it may do so. User Submissions must not include the personal information of any other individual without that individual’s consent. The Company does not endorse any User Submission and is not responsible for any User Submission.