Terms of Use

Terms of Use Effective Date: January 1, 2026

By connecting to, browsing, or utilizing the WoundsOfEarth.com digital platform, affiliated applications, mobile portals, or online services (collectively denominated the “Service”), you enter into a legally binding covenant governed by these terms of use (“Terms of Use”). The Service is owned, operated, and administered by Wounds of Earth and Wounds of Earth Management & Media Group Ltd. (collectively, the “Organization”). These provisions directly affect your statutory rights and duties. If you do not unreservedly accept all stipulations established herein, please refrain from accessing or utilizing the Service.

Section One: Intellectual Property & Content Licensing

1.1 User-Contributed Submissions: Any media, text, commentary, imagery, or artistic works (collectively, “User Content”) uploaded or transmitted to WoundsOfEarth.com may be showcased across this website, integrated within official concert tour productions, broadcasts, promotional trailers, audio-visual documentaries, or archival merchandise packages. The act of submitting content conveys an irrevocable, royalty-free, perpetual, worldwide license to utilize, reproduce, adapt, and distribute such materials without financial obligation, royalty claims, or liability toward the submitter.

1.2 Retention of Content Rights: The Organization does not assert exclusive proprietary ownership over content authored and posted directly by you. Rather, you grant Wounds of Earth a non-exclusive, fully paid-up, transferable, sub-licensable license to broadcast and exhibit such submissions in perpetuity.

1.3 Commercial Partnerships & Promotions: The Service may feature promotional notices, sponsor acknowledgments, or partner features. You agree that the Organization retains the right to present promotional elements adjacent to or in conjunction with publicly accessible content.

1.4 Warranties of Originality: You expressly affirm that: (i) you possess lawful ownership or hold requisite permissions for any materials you submit; (ii) your contributions do not infringe upon or violate third-party copyrights, trademark rights, privacy entitlements, or moral rights; and (iii) you hold full legal competence to consent to these Terms of Use.

1.5 Proprietary Service Assets: All audio recordings, musical compositions, visual layouts, typography, logos, photography, video captures, codebases, and brand trademarks featured within the Service (“Platform Assets”) constitute protected intellectual property of Wounds of Earth and its licensors. You are strictly prohibited from copying, decompiling, commercially exploiting, altering, or distributing Platform Assets without explicit written authorization.

1.6 Brand Trademarks & Trade Dress: The name “Wounds of Earth”, distinctive crests, stylized typography, album titles, and custom visual iconography constitute protected trademarks and service marks. Unauthorized reproduction or imitation is actionable under international trademark legislation.

1.7 Service Continuity & Backup Responsibility: While we endeavor to maintain seamless online availability, platform operations may experience temporary suspensions for scheduled infrastructure maintenance, server upgrades, or emergency technical repairs. The Service does not function as an archival repository, and users are encouraged to maintain independent backups of their submitted files.

Section Two: User Guidelines & Code of Conduct

2.1 Age of Eligibility: Users must possess the age of majority or have valid parental/guardian supervision in their jurisdiction to participate in interactive areas of the Service.

2.2 Prohibited Conduct & Submissions: Users shall not post, transmit, or disseminate content that is defamatory, abusive, harassing, obscene, sexually explicit, hateful, threatening, or unlawful.

2.3 Confidential Information Protection: You agree not to upload or reveal private credentials, social security identifiers, financial account details, or unlisted contact numbers belonging to yourself or any third party.

2.4 Platform Security & Network Integrity: You agree not to introduce computer viruses, trojans, worms, malicious scripts, or denial-of-service tools designed to impair the stability of our servers, nor inject unauthorized scripts altering page rendering.

2.5 Prohibition of Automated Scraping: The harvesting of data, imagery, audio files, or user records through automated spiders, scrapers, bots, or programmatic crawlers is strictly prohibited, save for verified major search engine indexers acting in compliance with standard robots.txt protocols.

2.6 Account Termination & Suspension: Violation of these Terms of Use reserves the right for the Organization, at its sole discretion, to terminate user access, cancel newsletter enrollment, or restrict platform connectivity without prior notice.

Section Three: Legal Disclaimers & Dispute Resolution

3.1 “As Is” Warranty Disclaimer: THE SERVICE AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” FOUNDATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ORGANIZATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.

3.2 Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL WOUNDS OF EARTH, ITS AFFILIATES, PRODUCTION AGENCIES, OR BAND MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM. TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD).

3.3 Indemnification Obligation: You agree to defend, indemnify, and hold harmless Wounds of Earth, its management, and technical partners against any legal claims, liabilities, damages, and legal expenses resulting from your breach of these Terms or misuse of the Platform.

3.4 Mandatory Binding Arbitration: Any legal controversy or dispute arising out of your engagement with the Platform shall be resolved through individual binding arbitration conducted in accordance with the arbitration rules of the Province of Ontario, Canada. You explicitly waive the right to trial by jury or participation in class-action proceedings.

3.5 Governing Jurisdiction & Venue: These Terms of Use shall be governed by and interpreted under the laws of the Province of Ontario and the federal laws of Canada applicable therein. Exclusive venue for any authorized judicial proceeding shall reside within the competent courts of Toronto, Ontario, Canada.

3.6 Severability & Entire Agreement: If any provision within these Terms is determined to be invalid by a court of competent authority, such clause shall be deemed severable without undermining the full legal validity of all remaining terms.